The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992

Maintenance assessments and maintenance orders made in error

8.—(1) Where—

(a) at the time that a mainenance assessment with respect to a qualifying child was made a maintenance order was in force with respect to that child;

(b) the absent parent has made payments of child support maintenance due under that assessment; and

(c) the child support officer cancels that assessment on the grounds that it 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 assessment was in force with respect to that child;

(b) the absent 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 assessment shall be treated as not having been cancelled.