The Child Support and Income Support (Amendment) Regulations 1995

Amendment of regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations E+W+S

27.—(1) Regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders) shall be amended in accordance with the following provisioins of this regulation.

(2) For paragraph (1), there shall be substituted the following paragraph—

“(1) Orders made under the following enactments are of a kind prescribed for the purposes of section 10(1) of the Act—

(a) the Conjugal Rights (Scotland) Amendment Act 1861;

(b) the Court of Session Act 1868;

(c) the Sheriff Courts (Scotland) Act 1907;

(d) the Guardianship of Infants Act 1925;

(e) the Illegitimate Children (Scotland) Act 1930;

(f) the Children and Young Persons (Scotland) Act 1932;

(g) the Children and Young Persons (Scotland) Act 1937;

(h) the Custody of Children (Scotland) Act 1939;

(i) the National Assistance Act 1948;

(j) the Affiliation Orders Act 1952;

(k) the Affiliation Proceedings Act 1957;

(l) the Matrimonial Proceedings (Children) Act 1958;

(m) the Guardianship of Minors Act 1971;

(n) the Guardianship Act 1973;

(o) Part II of the Matrimonial Causes Act 1973 M1 ;

(p) the Children Act 1975;

(q) the Supplementary Benefits Act 1976;

(r) the Domestic Proceedings and Magistrates Courts Act 1978 M2 ;

(s) Part III of the Matrimonial and Family Proceedings Act 1984 M3 ;

(t) the Family Law (Scotland) Act 1985 M4 ;

(u) the Social Security Act 1986;

(v) Schedule 1 to the Children Act 1989 M5 ;

(w) the Social Security Administration Act 1992.”.

(3) After paragraph (7), there shall be added the following paragraph—

“(8) Where—

(a) a maintenance assessment is made in accordance with Part I of Schedule 1 to the Act in respect of children with respect to whom an order falling within paragraph (1) was in force; and

(b) that order ceases to have effect on or after 18th April 1995, for reasons other than the making of an interim maintenance assessment, but prior to the date on which the maintenance assessment is made and after—

(i) the date on which a maintenance enquiry form referred to in regulation 5(2) of the Maintenance Assessment Procedure Regulations was given or sent to the absent parent, where the application for a maintenance assessment was made by a person with care or a child under section 7 of the Act; or

(ii) the date on which a maintenance application which complies with the provisions of regulation 2 of the Maintenance Assessment Procedure Regulations was received by the Secretary of State from an absent parent,

the effective date of that maintenance assessment shall be the day following that on which the court order ceased to have effect.”.

Marginal Citations

M1 1973 c.18.

M2 1978 c.22.

M3 1984 c.42.

M4 1985 c.37.

M5 1989 c.41.