2

Where the Department acts in accordance with paragraph (1), the information used for the purposes of that supersession will be –

a

that held by the Department on the calculation date; or

b

where –

i

regulation 5(b) applies, and

ii

the Department is unable to make the decision required to be made in accordance with that regulation on the basis of the information referred to in sub-paragraph (a),

that which was used or considered to make the maintenance assessment to be superseded in accordance with regulation 3(1)(a) or (b).

Revision and supersession of an adjustment4A

Where, on or after the calculation date, an application is made to the Department or it acts on its own initiative to revise or supersede an adjustment of the amounts payable under a maintenance assessment, it may revise or supersede that adjustment in accordance with the Decisions and Appeals Regulations.

Outstanding revisions and supersessions at calculation date5A

Regulation 5 shall apply in the same way to a decision of the Department acting on its own initiative under Article 18 or 19 of the former Order to revise or supersede a maintenance assessment, an interim maintenance assessment or a departure direction as it does to an application made for the same purpose.

Adjustment of the amount of child support maintenance payable9A

1

Subject to paragraph (2), where –

a

there has been an overpayment of child support maintenance under a maintenance assessment; and

b

the amount payable under that maintenance assessment has been adjusted under regulation 10 of the Arrears, Interest and Adjustment Regulations24 as it applies to a maintenance assessment,

that adjustment shall apply to the new amount or the transitional amount in the conversion decision, as the case may be, if –

i

the overpayment remains on the case conversion date, and

ii

the Department considers it appropriate in all the circumstances of the case having regard to the matters set out in regulation 10(1)(b) of the Arrears, Interest and Adjustment Regulations as it applies to a conversion decision.

2

Where the conversion decision relates to more than one parent with care, the adjustment of the amount payable under a maintenance assessment which applies to the new amount or the transitional amount, as the case may be, in accordance with paragraph (1) shall only apply in respect of the apportioned amount payable to the parent with care in relation to whom the maintenance assessment subject to the adjustment was made.

3

In paragraph (2) the “apportioned amount” shall have the meaning given in regulation 11(4)25.

Attribution of payments9B

Where –

a

there are arrears of child support maintenance under a maintenance assessment; and

b

the Department has attributed any payment of child support maintenance made by an absent parent to child support maintenance due as it thinks fit, in accordance with regulation 926 of the Arrears, Interest and Adjustment Regulations as it applies to a maintenance assessment,

that attribution of payments shall apply to the new amount or the transitional amount in the conversion decision, as the case may be, if –

i

the arrears remain on the case conversion date, and

ii

the Department has made that attribution of payments as it thought fit, in accordance with regulation 9 of the Arrears, Interest and Adjustment Regulations as it applies to a conversion decision.