PART IV NOTIFICATIONS FOLLOWING CERTAIN DECISIONS BY CHILD SUPPORT OFFICERS

Notification of a new or a fresh maintenance assessment10

F131

A person with a right of appeal to F20the First-tier Tribunal under–

a

section 20 of the Act; and

b

section 20 of the Act as extended by paragraph 3(1)(b) of Schedule 4C to the Act,

shall be given notice of that right and of the decision to which that right relates.

F141A

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F141B

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F141C

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2

F2Subject to F3paragraphs (2A) and (2B), a notification under paragraph (1)F15of a new or fresh maintenance assessment made under section 11, 16 or 17 shall set out, in relation to the maintenance assessment in question—

a

the maintenance requirement;

b

the effective date of the assessment;

F6c

the net and assessable income of the absent parent and, where relevant, the amount determined under regulation 9(1)(b) of the Maintenance Assessments and Special Cases Regulations (housing costs);

F7cc

where relevant, the absent parent’s protected income level and the amount of the maintenance assessment before the adjustment in respect of protected income specified in paragraph 6(2) of Schedule 1 to the Act was carried out;

F8d

the net and assessable income of the parent with care, and, where relevant, an amount in relation to housing costs determined in the manner specified in regulation 10 of the Maintenance Assessments and Special Cases Regulations (calculation of exempt income of parent with care);

e

details as to the minimum amount of child support maintenance payable by virtue of regulations made under paragraph 7 of Schedule 1 to the Act; and

f

details as to apportionment where a case is to be treated as a special case for the purposes of the Act under section 42 of the Act.

F9h

any amount determined in accordance with Schedule 3A or 3B to the Maintenance Assessments and Special Cases Regulations (qualifying transfer of property and travel costs).

F10i

where the notification under paragraph (1)(a) F16... follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Act, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.

F12A

Where a new Category A F4Category C or D interim maintenance assessment is made, or a fresh Category A F4Category C or D interim maintenance assessment is made following F17a revision of a maintenance assessment under section 16 of the Act or a supersession of a maintenance assessment under section 17 of the Act of the Act, a notification under paragraph (1) shall set out, in relation to that interim maintenance assessment, the maintenance requirement and the effective date.

F112AA

where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.

F52B

A notification under paragraph (1) in relation to a Category B interim maintenance assessment shall set out in relation to it—

F12a

the matters listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (2);

b

where known, the absent parent’s assessable income; and

c

where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.

3

Except where a person gives written permission to the Secretary of State that the information, in relation to him, mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

a

the address of any person other than the recipient of the document in question (other than the address of the office F18of the officer concerned who is exercising functions of the Secretary of State under the Act) or any other information the use of which could reasonably be expected to lead to any such person being located;

b

any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

F194

Where a decision as to a maintenance assessment is made under section 11, 12, 16 or 17 of the Act, a notification under paragraph (1) shall include information as to the provisions of sections 16 and 17 of the Act.

F195

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F215

Paragraphs (2) to (4) of this regulation apply in the case of a decision in respect of which there is no right of appeal as the result of regulation 17A (consideration of revision before appeal) as they apply in the case of a decision which may be appealed under section 20 of the Act (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000).

F196

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