The Child Support and Income Support (Amendment) Regulations 1995

Transitional Provisions E+W+S

64.—(1) Where a maintenance assessment, other than an interim maintenance assessment, is in force on 18th April 1995 [F1 and] the amount of child support payable under that assessment would be affected by the provisions of these Regulations, only the provisions mentioned in paragraph (2) and (3) shall apply to that assessment until that assessment is reviewed under Section 16, 17 or 18 of the Act.

(2) The provisions of these Regulations to which paragraph (1) refers are—

(a) regulation 34;

(b) regulation 43;

(c) regulation 46(6);

(d) regulation 47;

(e) regulation 50;

(f) regulation 54(10) and (11);

F2 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The provisions of regulations 44(2), 45, 46(2)(d) and (e) and 51 and Schedules 1 and 2 to these Regulations shall not apply in a case where there is a maintenance assessment in force on the 18th April 1995 until [F3 a relevant person applies for a decision under section 17 of the Child Support Act 1991 superseding an earlier decision on the ground that a qualifying transfer of property has been made or that he has travelling costs.]

(4) Where on 18th April 1995 in any particular case there is in force a maintenance assessment which is subject to an adjustment made under the provisions of regulation 10 of the Arrears Regulations as in force prior to that date that adjustment shall continue until whichever is the earlier of—

(a) [F4 a decision under section 17 of the Child Support Act 1991 superseding a decision with respect to] that assessment on grounds other than the coming into force of these Regulations; or

[F5 (b) a decision under regulation 13 or 16 of the Arrears Regulations is made on an application made by a relevant person.]

(5) Regulations 12 and 13 shall not apply to a case in which there is an existing assessment until the Secretary of State first reviews the period by reference to which payments are to be made after these Regulations come into force.

Textual Amendments

F1 Words in reg. 64(1) substituted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 50(2)

F2 reg. 64(2)(g) omitted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 50(3)

F3 Words in reg. 64(3) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 38(a)

F4 Words in reg. 64(4) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 38(b)(i)

F5 Rreg. 64(4)(b) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 38(b)(ii)