Maintenance [F1 calculations] E+W+S

Textual Amendments

F1 Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

[F2 12 Default and interim maintenance decisions. E+W+S

(1) Where the [F3 Commission]—

(a) is required to make a maintenance calculation; or

(b) is proposing to make a decision under section 16 or 17,

and it appears to [F4 the Commission] that [F5 it] does not have sufficient information to enable [F4 it] to do so, [F5 it] may make a default maintenance decision.

(2) Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation F6 ... , the [F7 Commission] may make an interim maintenance decision.

(3) The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.

(4) The Secretary of State may by regulations make provision as to default and interim maintenance decisions.

(5) The regulations may, in particular, make provision as to—

(a) the procedure to be followed in making a default or an interim maintenance decision; and

(b) a default rate of child support maintenance to apply where a default maintenance decision is made.]

Textual Amendments

F2 S. 12 substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 4, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F3 Word in s. 12(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(2)(a); S.I. 2008/2675, art. 3(b) (with art. 4)

F4 Words in s. 12(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(2)(b); S.I. 2008/2675, art. 3(b) (with art. 4)

F5 Word in s. 12(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(2)(c); S.I. 2008/2675, art. 3(b) (with art. 4)

F6 Words in s. 12(2) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

F7 Word in s. 12(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(3); S.I. 2008/2675, art. 3(b) (with art. 4)