The Child Support (Maintenance Assessment Procedure) Regulations 1992

Effective dates of new maintenance assessments

30.—(1) Subject to [F1regulations 8C (effective dates of interim maintenance assessments), 30A (effective dates in particular cases), 33(7) (maintenance periods)] [F2and to regulation 3(5)[F3, (7) and (8)] of the Maintenance Arrangements and Jurisdiction Regulations (maintenance assessments where court order in force),] the effective date of a new maintenance assessment following an application under section 4F4... or 7 of the Act shall be the date determined in accordance with paragraphs (2) to (4).

[F5(2)  Where no maintenance assessment made in accordance with Part I of Schedule 1 to the Act is in force with respect to the person with care and absent parent, the effective date of a new assessment shall be—

(a)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—

(i)eight weeks fro the date on which a maintenance enquiry form has been given or sent to an absent parent, where such date is on or after 18th April 1995 and where within four weeks of the date that form was given or sent, it has been returned by the absent parent to the Secretary of State and it contains his name, address and written confirmation that he is the parent of the child or children in respect of whom the application for a maintenance assessment was made;

(ii)in all other circumstances, the date a maintenance enquiry form is given or sent to an absent parent;

(b)in a case where the application for a maintenance assessment is made by an absent parent—

(i)eight weeks from the date on which an application made by an absent parent was received by the Secretary of State, where such date is on or after 18 April 1995 and where, on, or within four weeks of, the date of receipt of that maintenance application, the absent parent has provided his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made;

(ii)in all other circumstances, the date an effective maintenance application form is received by the Secretary of State.]

[F6(c)in a case where the application for a maintenance assessment is an application in relation to which the provisions of regulation 3 have been applied, the date an effective maintenance application form is received by the Secretary of State.]

[F7(2A) Where [F8the Secretary of State] is satisfied that there was unavoidable delay by the absent parent in providing the information listed in sub-paragraphs (a)(i) or (b)(i) of paragraph (2) within the time specified in those sub-paragraphs, he may apply the provisions of those sub-paragraphs for the purpose of setting the effective date of a maintenance assessment even though that information was not provided within the time specified in those sub-paragraphs.]

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

(4) Where [F9the Secretary of State] 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).

Textual Amendments

F2Words in reg. 30(1) added (16.2.1995) by The Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 7

F3Words in reg. 30(1) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(1), 36(2)

F5Words in reg. 30(2) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(1), 36(3)

F8Words in reg. 30(2A) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 17

F9Words in reg. 30(4) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 17