Child Support Act 1995

12 Reviews on change of circumstances

(1) Section 17 of the 1991 Act (reviews on change of circumstances) is amended as follows.

(2) After subsection (2) insert—

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

(3) In subsection (3)—

(a) after “subsection (6)” insert “, or by virtue of subsection (7),”; and

(b) for “the review applied for” substitute “a review”.

(4) After subsection (4) insert—

“(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.”

(5) For subsection (5) substitute—

“(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) In subsection (6)—

(a) for “any review” substitute “a review of the original assessment”; and

(b) after “maintenance assessment” insert “by reference to the circumstances of the case as at the date of the application under this section”.

(7) After subsection (6) add—

“(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.”