The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992

7.—(1) Subject to sub-paragraph (2), the provisions of this Part of this Schedule apply to cases where—

(a) on 4th April 1993 there is in force, in respect of all the qualifying children in respect of whom an application for a maintenance assessment is made under the Act and the absent parent concerned, one or more—

(i) maintenance orders;

(ii) orders under section 151 of the Army Act 1955(1) (deductions from pay for maintenance of wife or child) or section 151 of the Air Force Act 1955(2) (deductions from pay for maintenance of wife or child) or arrangements corresponding to such an order and made under Article 1(b) or 3 of the Naval and Marine Pay and Pensions (Deductions for Maintenance) Order 1959(3); or

(iii) maintenance agreements (being agreements which are made or evidenced in writing); and

(b) the absent parent is responsible for maintaining a child or children residing with him other than the child or children in respect of whom the application is made; and

(c) the formula amount is not more than £60; and

(d) the formula amount exceeds the aggregate weekly amount which was payable under the orders, agreements or arrangements mentioned in sub-paragraph (a) above by more than £20 a week.

(2) Nothing in this Part of this Schedule applies to an interim maintenance assessment made under section 12 of the Act.

(1)

3 & 4 Eliz 2 c. 18.

(2)

3 & 4 Eliz 2 c. 19.

(3)

This Order in Council is not a statutory instrument but copies may be obtained from the Ministry of Defence, Naval Pay (Pensions and Conditions of Service) Branch, Old Admiralty Building, Spring Gardens, London, SW1A 2BE.