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The Child Support (Maintenance Assessment Procedure) Regulations 1992
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- UK Statutory Instruments
- 1992 No. 1813
- PART III
- Regulation 8
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Changes and effects yet to be applied to Regulation 8:
- 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.8 am. and rev.in pt. by S.I. 1999/1047 reg.5
- reg.31(13(2) amended by S.I. 1998/2799 reg.2(4)(a)
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
[F1 Categories of interim maintenance assessment
8.—(1) Where [F2the Secretary of State] serves notice under section 12(4) of the Act of his intention to make an interim maintenance assessment, he shall not make that interim assessment before the end of a period of 14 days, commencing with the date that notice was given or sent.
(2) There shall be four categories of interim maintenance assessment, Category A, Category B, Category C, and Category D interim maintenance assessments.
(3) An interim maintenance assessment made by [F3the Secretary of State] shall be—
(a)a Category A interim maintenance assessment, where any information, other than information referred to in sub-paragraph (b), that is required by him to enable him to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act has not been provided by that absent parent, and that parent has that information in his possession or can reasonably be expected to acquire it;
(b)a Category B interim maintenance assessment, where the information that is required by him as to the income of the partner or other member of the family of the absent parent or parent with care for the purposes of the calculation of the income of that partner or other member of the family under regulation 9(2), 10, 11(2) or 12(1) of the Maintenance Assessments and Special Cases Regulations—
(i)has not been provided by that partner or other member of the family, and that partner or other member of the family has that information in his possession or can reasonably be expected to acquire it; or
(ii)has been provided by that partner or other member of the family to the absent parent or parent with care, but the absent parent or parent with care has not provided it to the Secretary of State F4...;
(c)a Category C interim maintenance assessment where—
(i)the absent parent is a self-employed earner as defined in regulation 1(2) of the Maintenance Assessments and Special Cases Regulations; and
(ii)the absent parent is currently unable to provide, but has indicated that he expects within a reasonable time to be able to provide, information to enable [F5the Secretary of State] to determine the earnings of that absent parent in accordance with paragraphs 3 to 5 of Schedule 1 to the Maintenance Assessments and Special Cases Regulations; and
(iii)no maintenance order as defined in section 8(11) of the Act or written maintenance agreement as defined in section 9(1) of the Act is in force with respect to children in respect of whom the Category C interim maintenance assessment would be made; or
(d)a Category D interim maintenance assessment where it appears to [F5the Secretary of State], on the basis of information available to him as to the income of the absent parent, that the amount of any maintenance assessment made in accordance with Part I of Schedule 1 to the Act applicable to that absent parent may be higher than the amount of a Category A interim maintenance assessment in force in respect of him.
F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Regs. 8-8D substituted for reg. 8 (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(1), 16
F2Words in reg. 8(1) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 5(a)
F3Words in reg. 8(3) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 5(b)(i)
F4Words in reg. 8(3)(b)(ii) omitted (1.6.1999) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 5(b)(ii)
F5Words in reg. 8(3)(c)(d) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 5(b)(i)
F6Reg. 8(3)(e) omitted (16.3.2005) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 3(3)
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