PART VIIICOMMENCEMENT AND TERMINATION OF MAINTENANCE ASSESS-MENTS AND MAINTENANCE PERIODS

Effective dates of new maintenance assessments30

1

Subject to regulation 8(3), the effective date of a new maintenance assessment following an application under section 4, 6 or 7 of the Act shall be the date determined in accordance with paragraphs (2) to (4).

2

Where no maintenance assessment is in force with respect to the person with care and absent parent, the effective date of a new assessment shall be—

a

the date a maintenance enquiry form is given or sent to an absent parent in a case where the application for a maintenance assessment is made by a person with care or by a child under section 7 of the Act; or

b

the date an effective maintenance application form is received by the Secretary of State in a case where the application for a maintenance assessment—

i

is made by an absent parent; or

ii

is an application in relation to which the provisions of regulation 3 have been applied.

3

The provisions of regulation 1(6)(b) shall not apply to paragraph (2)(a).

4

Where a child support officer is satisfied that an absent parent has deliberately avoided receipt of a maintenance enquiry form, he may determine the date on which the form would have been given or sent but for such avoidance, and that date shall be the relevant date for the purposes of paragraph (2)(a).