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The Child Support (Maintenance Assessment Procedure) Regulations 1992

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This is the original version (as it was originally made).

Review of a reduced benefit direction

42.—(1) Where a parent with care with respect to whom a direction is in force gives the Secretary of State reasons—

(a)additional to any reasons given by her in response to the notice served on her under section 46(2) of the Act for having failed to comply with the obligations imposed by section 6 of the Act; or

(b)as to why she should no longer be required to comply with the obligations imposed by section 6 of the Act,

the Secretary of State shall refer the matter to a child support officer who shall conduct a review of the direction ( “a review ”) to determine whether the direction is to continue or is to cease to be in force.

(2) Where a parent with care with respect to whom a direction is in force gives a child support officer reasons of the kind mentioned in paragraph (1), a child support officer shall conduct a review to determine whether the direction is to continue or is to cease to be in force.

(3) A review shall not be carried out by the child support officer who gave the direction with respect to the parent concerned.

(4) Where the child support officer who is conducting a review considers that the parent concerned is no longer to be required to comply with the obligations imposed by section 6 of the Act, the direction shall cease to be in force on the date determined in accordance with paragraph (5) or (6), as the case may be.

(5) Where the direction is in operation, it shall cease to be in force on the last day of the benefit week during the course of which the parent concerned gave the reasons specified in paragraph (1).

(6) Where the direction is suspended, it shall cease to be in force on the date on which the parent concerned gave the reasons specified in paragraph (1).

(7) The provisions of section 20 of the Act shall apply in relation to a decision of a child support officer following a review.

(8) A child support officer shall on completing a review immediately notify the parent concerned of his decision, so far as that is reasonably practicable, and shall give the reasons for his decision in writing.

(9) A notification under paragraph (8) shall include information as to the provisions of section 20 of the Act.

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