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8C.—(1) Except where regulation 3(5) of the Maintenance Arrangements and Jurisdiction Regulations (effective date of maintenance assessment where court order in force), regulation F2... 33(7) or paragraph (2) applies, the effective date of an interim maintenance assessment shall be—
(a)in respect of a Category A interim maintenance assessment, subject to F3... sub-paragraph (d), such date, being not earlier than the first and not later than the seventh day following the date upon which that interim maintenance assessment was made, as falls on the same day of the week as the date determined in accordance with regulation 30(2)(a)(ii) or (b)(ii) as the case may be;
(b)in respect of a Category B interim maintenance assessment made after 22nd January 1996, subject to sub-paragraph (d) F4..., the date specified in regulation 30(2)(a)(ii) or (b)(ii) as the case may be;
(c)in respect of a Category C interim maintenance assessment, subject to sub-paragraph (d) F5..., the date set out in sub-paragraph (a);
(d)in respect of a Category A, Category B or Category C interim maintenance assessment, where the application of the provisions of sub-paragraph (a), (b) or (c) would otherwise set an effective date for an interim maintenance assessment earlier than the end of a period of eight weeks from the date upon which—
(i)the maintenance enquiry form referred to in regulation 30(2)(a)(i) was given or sent to an absent parent; or
(ii)the application made by an absent parent referred to in regulation 30(2)(b)(i) was received by the Secretary of State,
in circumstances where that absent parent has complied with the provisions of regulation 30(2)(a)(i) or (b)(i) or paragraph (2A) of that regulation applies, the date determined in accordance with regulation 30(2)(a)(i) or (b)(i).
(2) [F6The effective date of an interim maintenance assessment made under section 12(1)(b) of the Act shall, subject to regulation 33(7)], be such date, not earlier than the first and not later than the seventh day following the date upon which that interim maintenance assessment was made, as falls on the same day of the week as the effective date of the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act which [F6the Secretary of State is proposing to supersede with a decision under section 17 of the Act].
(3) In cases where the effective date of an interim maintenance assessment is determined under paragraph (1)F7... where a maintenance assessment, except a maintenance assessment falling within regulation 8D(7), is made after an interim maintenance assessment has been in force, child support maintenance calculated in accordance with Part I of Schedule 1 to the Act shall be payable in respect of the period preceding that during which the interim maintenance assessment was in force.
(4) The child support maintenance payable under the provisions of paragraph (3) shall be payable in respect of the period between the effective date of the assessment (or, where separate assessments are made for different periods under paragraph 15 of Schedule 1 to the Act, the effective date of the assessment in respect of the earliest such period) and the effective date of the interim maintenance assessment.]
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. 8C(1) deleted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 8
F3Words in reg. 8C(1)(a) deleted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 8
F4Words in reg. 8C(1)(b) deleted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 8
F5Words in reg. 8C(1)(c) deleted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 8
F6Words in reg. 8C(2) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 8
F7Words in reg. 8C(3) deleted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 8
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