Maintenance F10calculations and maintenance orders made in error8

1

Where—

a

at the time that a maintenance F11calculation with respect to a qualifying child was made a maintenance order was in force with respect to that child;

F1aa

the maintenance order has ceased to have effect by virtue of the provisions of regulation 3;

b

the F8non-resident parent has made payments of child support maintenance due under that F12calculation; and

c

F5F4the Secretary of State cancels that assessment on the grounds that it was made in error,

F5 the Secretary of State revises the decision as to the maintenance calculation under section 16 of the Act and decides that no child support maintenance was payable on the ground that the previous decision was made in error,

the payments of child support maintenance shall be treated as payments under the maintenance order and that order shall be treated as having continued in force.

2

Where—

a

at the time that a maintenance order with respect to a qualifying child was made a maintenance F13calculation was in force with respect to that child;

F2aa

the maintenance F14calculationF6is cancelled or ceases to have effect;

b

the F9non-resident parent has made payments of maintenance due under that order; and

c

the maintenance order is revoked by the court on the grounds that it was made in error,

the payments under the maintenance order shall be treated as payments of child support maintenance and the maintenance F15calculation shall be treated F7as not having been cancelled F3or, as the case may be, as not having ceased to have effect.