Reviews and appealsU.K.

17 Reviews on change of circumstances.E+W+S

(1)Where a maintenance assessment is in force—

(a)the absent parent or person with care with respect to whom it was made; or

(b)where the application for the assessment was made under section 7, either of them or the child concerned,

may apply to the Secretary of State for the amount of child support maintenance fixed by that assessment (“the original assessment”) to be reviewed under this section.

(2)An application under this section may be made only on the ground that, by reason of a change of circumstance since the original assessment was made, the amount of child support maintenance payable by the absent parent would be significantly different if it were to be fixed by a maintenance assessment made by reference to the circumstances of the case as at the date of the application.

[F1(2A)The Secretary of State shall refer to a child support officer any application under this section which is duly made.]

(3)The child support officer to whom an application under this section has been referred shall not proceed unless, on the information before him, he considers that it is likely that he will be required by subsection (6)[F2, or by virtue of subsection (7),] to make a fresh maintenance assessment if he conducts [F3a review].

(4)Before conducting any review under this section, the child support officer concerned shall give to such persons as may be prescribed, such notice of the proposed review as may be prescribed.

[F4(4A)Where a child support officer is conducting a review under this section, and the original assessment has ceased to have effect, he may continue the review as if the application for a review related to the original assessment and any subsequent assessment.]

[F5(5)In conducting a review under this section, the child support officer shall take into account a change of circumstance only if—

(a)he has been notified of it in such manner, and by such person, as may be prescribed; or

(b)it is one which he knows has taken place.]

(6)On completing [F6a review of the original assessment] under this section, the child support officer concerned shall make a fresh maintenance assessment [F7by reference to the circumstances of the case as at the date of the application under this section], unless—

(a)he is satisfied that the original assessment has ceased to have effect or should be brought to an end; or

(b)the difference between the amount of child support maintenance fixed by the original assessment and the amount that would be fixed if a fresh assessment were to be made as a result of the review is less than such amount as may be prescribed.

[F8(7)On completing a review of any subsequent assessment under this section, the child support officer concerned shall make a fresh maintenance assessment except in such circumstances as may be prescribed.

(8)In this section “subsequent assessment” means a maintenance assessment made after the original assessment with respect to the same persons as the original assessment.]

Textual Amendments

F3Words in s. 17(3) substituted (22.1.1996) by Child Support Act 1995 (c. 34), ss. 12(3)(b), 30(4); S.I. 1995/3262, art. 2, Sch. Pt. 2

F5S. 17(5) substituted (1.10.1995 for specified purposes, 22.1.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), ss. 12(5), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 2; S.I. 1995/3262, art. 2, Sch. Pt. 2

F6Words in s. 17(6) substituted (22.1.1996) by Child Support Act 1995 (c. 34), ss. 12(6)(a), 30(4); S.I. 1995/3262, art. 2, Sch. Pt. 2

F8S. 17(7)(8) added (1.10.1995 for specified purposes, 22.1.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), ss. 12(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 2; S.I. 1995/3262, art. 2, Sch. Pt. 2

Commencement Information

I1S. 17 wholly in force; s. 17 not in force at Royal Assent see s. 58(2); S. 17(4)(6)(b) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 17 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2