New calculation rules not to apply to existing cases
3.—(1) The provisions of the 2008 Act referred to in Article 2 do not apply to an existing case.
(2) Subject to Articles 4 and 5, the saving in paragraph (1) applies until liability in relation to the maintenance assessment or maintenance calculation ceases to accrue (whether because the applicant has requested the Department to cease acting, because it has otherwise ceased or because the power in paragraph 1(1) of Schedule 2 to the Act has been exercised in relation to that case) or, where an application has been made but not determined, until the date notified to the person with care as the date on which the Department has ceased acting.