Maintenance F1calculations and maintenance orders made in error8.

(1)

Where—

(a)

at the time that a maintenance F2calculation with respect to a qualifying child was made a maintenance order was in force with respect to that child;

F3(aa)

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

(b)

the F4non-resident parent has made payments of child support maintenance due under that F5calculation; and

(c)

F6F7the Secretary of State cancels that assessment on the grounds that it was made in error,

F6 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 F8calculation was in force with respect to that child;

F9(aa)

the maintenance F10calculation F11is cancelled or ceases to have effect;

(b)

the F12non-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 F13calculation shall be treated F14as not having been cancelled F15or, as the case may be, as not having ceased to have effect.