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The Child Support (Maintenance Assessment Procedure) Regulations 1992
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- UK Statutory Instruments
- 1992 No. 1813
- PART VIII
- Regulation 33
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Changes and effects yet to be applied to Regulation 33:
- Regulations modified by S.I. 1999/779 art. 2 Sch.
- Regulations revoked in part by S.I. 2001/157 reg. 30(1)
- reg.SC rev.in pt. and amended by S.I. 1999/1047 reg 8
- reg.SD rev.in pt. and amended by S.I. 1999/1047 reg 9
- reg.31(13(2) amended by S.I. 1998/2799 reg.2(4)(a)
- reg.33 amended by S.I. 1999/1047 reg.23
- reg.33(3) amended by S.I. 1998/2799 reg.2(4)(c)
- reg. 33(6) substituted by S.I. 1996/1945 reg. 12(2)
- reg. 33(9) added by S.I. 1996/1945 reg. 12(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 1(a) words substituted by S.I. 1999/977 reg. 5
- Sch. 1 para. 3(a) words substituted by S.I. 1999/977 reg. 5
- reg.8B(1) amended by S.I. 1998/2799 reg.2(2)(a)(i)
- reg.8B(4) amended by S.I. 1998/2799 reg.2(2)(a) (ii)
- regs.9 9A replaced (by reg.9) by S.I. 1999/1047 reg.10
- reg.9(1)(iii) amended by S.I. 1998/2799 reg.2(2)(b)
- reg.9A(5) amended by S.I. 1998/2799 reg.2(2)(c)
- reg. 10(4)(c)(d) substituted for reg. 10(4)(c) by S.I. 1994/227 reg. 2(2)
- reg.10(4)(d) (e) rev. in pt. by S.I. 1998/2799 reg.2(2)(d) (vi)
- reg. 10(4)(d)(e) substituted for reg. 10(4)(d) by S.I. 1996/2907 reg. 67(6)
- reg.11(2A) added by S.I. 1998/2799 reg.2(2)(e)
- reg. 15A(2) words added by S.I. 1996/1945 reg. 9
- regs.17-29 (Pts. V-VIII) replaced by S.I. 1999/1047 reg.16
- regs.18A 18B 18C 18D (Pt.VA) added by S.I. 1998/2799 reg.2(3)
- regs.31-31 C revoked by S.I. 1999/1047 reg.19
- reg.31C(1) amended by S.I. 1998/2799 reg.2(4)(b)
- reg. 31C(3) words substituted by S.I. 1996/1945 reg. 11
- reg.35A amended by S.I. 1999/1047 reg.25
- reg. 35A words substituted (amendment to earlier affecting provision SI 1995/3261, reg. 37) by S.I. 1995/3265 reg. 4
- reg. 36(4A) added by S.I. 1996/1945 reg. 14(5)
- reg. 40A revoked by S.I. 1996/3196 regs. 9
Maintenance periods
33.—(1) The child support maintenance payable under a maintenance assessment shall be calculated at a weekly rate and be in respect of successive maintenance periods, each such period being a period of 7 days.
(2) Subject to paragraph (6), the first maintenance period shall commence on the effective date of the first maintenance assessment, and each succeeding maintenance period shall commence on the day immediately following the last day of the preceding maintenance period.
(3) The maintenance periods in relation to a fresh maintenance assessment [F1made upon the supersession of a decision under section 17 of the Act] shall coincide with the maintenance periods in relation to the earlier assessment, had it continued in force, and the first maintenance period in relation to a fresh assessment shall commence on the day following the last day of the last maintenance period in relation to the earlier assessment.
(4) The amount of child support maintenance payable in respect of a maintenance period which includes the effective date of a fresh maintenance assessment shall be the amount of maintenance payable under that fresh assessment.
(5) The amount of child support maintenance payable in respect of a maintenance period during the course of which a cancelled maintenance assessment ceases to have effect shall be the amount of maintenance payable under that assessment.
(6) [F2Where a case is to be treated as a special case for the purposes of the Act by virtue of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) and an application is made by a person with care in relation to an absent parent where there is already a maintenance assessment in force in relation to that absent parent and a different person with care, the maintenance periods in relation to an assessment made in response to that application shall coincide with the maintenance periods in relation to the earlier maintenance assessment, [F3except where regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations or paragraph (8) applies,] and the first such period shall commence not later than 7 days after the date of notification to the relevant persons of the later maintenance assessment.]
[F2Where a case is to be treated as a special case for the purposes of the Act by virtue of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) and an application is made by a person with care in relation to an absent parent where—
(a)there is already a maintenance assessment in force in relation to that absent parent and a different person with care; or
(b)sub-paragraph (a) does not apply, but before a maintenance assessment is made in relation to that application, a maintenance assessment is made in relation to that absent parent and a different person with care,
the maintenance periods in relation to an assessment made in response to that application shall coincide with the maintenance periods in relation to the earlier maintenance assessment, except where regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations or paragraph (8) applies, and the first such period shall, subject to paragraph (9), commence not later than 7 days after the date of notification to the relevant persons of the later maintenance assessment.]
[F4(7) Subject to regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations and to paragraph (8), the effective date of a maintenance assessment made in response to an application falling within paragraph (6) shall be the date upon which the first maintenance period in relation to that application commences in accordance with that paragraph.
(8) The first maintenance period in relation to a maintenance assessment which is made in response to an application falling within paragraph (6) and which immediately follows an interim maintenance assessment shall commence on the effective date of that interim maintenance assessment or 22nd January 1996 whichever is the later, and the effective date of that maintenance assessment shall be the date upon which that first maintenance period commences.]
[F5(9) Where the case is one to which, if paragraphs (6) and (7) did not apply, regulation 30(2)(a)(i) or (b)(i) would apply, and the first maintenance period would, under the provisions of paragraph (6), commence during the 8 week period referred to in sub-paragraph (a) or (b) of that regulation, the first maintenance period shall commence not later than 7 days after the expiry of that period of 8 weeks.]
Textual Amendments
F1Words in reg. 33(3) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 23
F2Reg. 33(6) substituted (5.8.1996) by The Child Support (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1945), regs. 1(2), 12(2) (with reg. 25(1))
F3Words in reg. 33(6) inserted (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2) 36(2)
F4Reg. 33(7)(8) added (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 36(3)
F5Reg. 33(9) added (5.8.1996) by The Child Support (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1945), regs. 1(2), 12(3) (with reg. 25(1))
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