The Child Support (Miscellaneous Amendments) Regulations 2005

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992

3.—(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 1(2) (commencement, citation and interpretation), insert in the appropriate place—

““family” has the same meaning as in the Maintenance Assessments and Special Cases Regulations(2);”; and

““partner” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;”.

(3) In regulation 8(3) (categories of interim maintenance assessment), omit paragraph (3)(e).

(4) In regulation 20(3)(4) (supersession of decisions), after “where paragraph (8) applies,” insert “but subject to regulation 23(22)”.

(5) In regulation 23(5) (date from which a decision is superseded), after paragraph (20) add—

“(21) Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance assessment was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be that person with care in relation to that qualifying child.

(22) Regulation 21 shall not apply where a superseding decision is made under regulation 20(3) in the circumstances set out in paragraph (19) or (21).”.

(1)

S.I. 1992/1813. The relevant amending instruments are S.I. 1995/3261, S.I. 1999/1047, S.I. 2000/1596 and S.I 2003/1050.

(2)

The definition of “family” in the Maintenance Assessments and Special Cases Regulations was substituted by S.I. 1996/1945.

(3)

Regulation 8 was substituted by S.I. 1995/3261 and amended by S.I. 1999/1047.

(4)

Regulation 20 was substituted by S.I. 1999/1047. Paragraph (3) was amended by S.I. 2000/1596.

(5)

Regulation 23 was substituted by S.I. 1999/1047 and amended by S.I. 2000/1596 and S.I. 2003/1050.