The Child Support (Maintenance Assessment Procedure) Regulations 1992

PART X MISCELLANEOUS PROVISIONS

Persons who are not persons with care

51.—(1) For the purposes of the Act the following categories of person shall not be persons with care—

(a) a local authority;

(b) a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989 M1 [F1 except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 23(5) of that Act;]

(c) in Scotland, a person with whom a child is boarded out by a local authority under the provisions of section 21 of the Social Work (Scotland) Act 1968 M2 .

(2) In paragraph (1) above—

“local authority” means, in relation to England and Wales, the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London and, in relation to Scotland, a regional council or an islands council;

“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989.

Textual Amendments

F1 Words in reg. 51(1)(b) added (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 15

Marginal Citations

M1 1989 c.41.

M2 1968 c.49.

Terminations of maintenance assessments

F2 52.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 52 revoked (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 31

Authorisation of representative

53.—(1) A person may authorise a representative, whether or not legally qualified, to receive notices and other documents on his behalf and to act on his behalf in relation to the making of applications and the supply of information under any provision of the Act or these Regulations.

(2) Where a person has authorised a representative for the purposes of paragraph (1) who is not legally qualified, he shall confirm that authorisation in writing to the Secretary of State.

[F3 Correction of accidental errors

53A.— (1) An accidental error in a decision of the Secretary of State made under the Act, or in any record of such a decision, may be corrected by the Secretary of State at any time.

(2) Such a correction is to be treated as part of that decision or of that record.

(3) The Secretary of State must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.

(4) In calculating the time within which an application may be made under regulation 17(1)(a) (revision of decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of any correction was given.]

Textual Amendments

F3 Reg. 53A inserted (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 2(3)

Correction of accidental errors in decisions

F4 54.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Regs. 54-57 revoked (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 31

Setting aside of decisions on certain grounds

F4 55.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Regs. 54-57 revoked (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 31

Provisions common to regulations 54 and 55

F4 56.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Regs. 54-57 revoked (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 31

[F5 Action by the Secretary of State on receipt of an application under section 17 or 18 of the Act where a question as to the entitlement to benefit arises

F4 57.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F4 Regs. 54-57 revoked (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 31

F5 Reg. 57 inserted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 16