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The Child Support (Maintenance Assessment Procedure) Regulations 1992

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Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for various procedural matters relating to applications for a maintenance assessment under the Child Support Act 1991 (“the Act”), reviews of an assessment, and effective dates, and make provision in respect of reduced benefit directions.

Regulation 1 and Schedule 1 contains interpretation provisions and provisions relating to the service and receipt of documents.

Regulations 2 to 4 and Schedule 2 set out the procedures in relation to applications for a maintenance assessment under the Act.

Regulations 5 to 7 set out the procedures when an effective application for a maintenance assessment has been made.

Regulations 8 and 9 prescribe the amount of child support maintenance payable under an interim maintenance assessment and make other provision in respect of interim maintenance assessments.

Regulations 10 to 16 make provision in respect of notifications following decisions by child support officers.

Regulations 17 and 18 make provision as to periodical reviews under section 16 of the Act, and regulations 19 to 23 make provision as to reviews on a change of circumstances under section 17 or 19 of the Act.

Regulations 24 to 29 make provision as to reviews, under section 18 of the Act, of a decision by a child support officer.

Regulations 30 to 33 prescribe the effective dates of maintenance assessments, and the dates on which maintenance assessments cease to have effect, and make provision in respect of maintenance periods.

Regulations 34 to 50 make provision as to the amount and duration of reduced benefit directions, following a failure to comply with obligations imposed by section 6 of the Act.

Regulations 51 to 56 make provision in respect of miscellaneous matters: regulation 51 prescribes persons who are not persons with care for the purposes of the Act; regulation 52 makes provision in respect of terminations of maintenance assessments; regulation 53 provides for the authorisation of representatives; and regulations 54 to 56 provide for the correction of accidental errors in decisions and the setting aside of decisions on certain grounds.

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