The Child Support (Miscellaneous Amendments) Regulations 2011

Amendment of the Decisions and Appeals Regulations

2.—(1) The Decisions and Appeals Regulations are amended as follows.

(2) In regulation 1(3) (interpretation), after the definition of “referral” insert—

““relevant other child” is to be interpreted by reference to paragraph 10C(2) of Schedule 1 to the Child Support Act;”.

(3) In regulation 6B(4) (circumstances in which a child support decision may not be superseded)(1)—

(a) omit “or” at the end of sub-paragraph (d)(2); and

(b) after sub-paragraph (e), add—

“; or

(f) a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies.”.

(4) In Schedule 3D (effective dates for supersession of child support decisions)(3)—

(a) in paragraph 3 (decision backdated to when the change occurred)—

(i) after sub-paragraph (a), insert—

“(aa) a relevant other child dies or ceases to be a relevant other child;”,

(ii) omit “or” at the end of sub-paragraph (c), and

(iii) after sub-paragraph (d), add—

“; or

(e) the non-resident parent begins or ceases to receive a benefit mentioned in regulation 4(1) of the Maintenance Calculations and Special Cases Regulations (flat rate) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 4(2) of those Regulations.”;

(b) after paragraph 3, insert—

“3A.   In paragraph 3, the reference to the day on which a person begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.”;

(c) omit paragraph 4; and

(d) in paragraph 8 (series of changes waiting to be actioned), for “the date of that application” substitute “the beginning of the maintenance period in which that application was made”.

(1)

Regulation 6B was inserted by S.I. 2000/3185.

(2)

Sub-paragraph (d) was omitted by S.I. 2009/396.

(3)

Schedule 3D was inserted by S.I. 2009/396.