The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994

PART III TRANSITIONAL PROVISIONS

6.—(1) In this Part and Part IV of these Regulations—

“the Act” means the Child Support Act 1991(1);

“excess” means the amount by which the formula amount exceeds the old amount;

“existing case” means a case in which before the date when these Regulations come into force, a maintenance assessment has been made which has an effective date which also falls before that date;

“formula amount” means the amount of child support maintenance that would, but for the provisions of this Part of these Regulations, be payable under the maintenance assessment in force on the date these Regulations come into force or, if there is no such assessment, under the first assessment to come into force on or after that date;

“new case” means a case in which the effective date of the maintenance assessment falls on or after the date when these Regulations come into force;

“old amount” means subject to paragraph (2) below, the aggregate weekly amount which was payable under the orders, agreements or arrangements mentioned in regulation 7(1)(a) below;

“pending case” means a case in which an application for a maintenance assessment has been made before the date when these Regulations come into force but no maintenance assessment has been made before that date;

“Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992(2);

“transitional amount” means an amount determined in accordance with regulation 8 below; and

“transitional period” means a period of, where the formula amount does not exceed £60, 52 weeks, and in any other case 78 weeks, beginning—

(a)

in relation to an existing case, with the day that the maintenance assessment in that case is reviewed following an application under regulation 10(1) to (3) below;

(b)

in relation to a new case, the effective date of the maintenance assessment in that case;

(c)

in relation to a pending case, the effective date of the maintenance assessment in that case or the date when these Regulations come into force, whichever is the later.

(2) In determining the old amount the child support officer shall disregard any payments in kind and any payments made to a third party on behalf of or for the benefit of the qualifying child or qualifying children or the person with care.

Scope of this Part

7.—(1) Subject to paragraph (2) below, this Part of these Regulations applies to cases where—

(a) on 4th April 1993, and at all times thereafter until the date when a maintenance assessment was or is made under the Act, there was in force, in respect of one or more of the qualifying children in respect of whom an application for a maintenance assessment was or 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(3) (deductions from pay for maintenance of wife or child) or section 151 of the Air Force Act 1955(4) (deduction 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(5); or

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

(b) the absent parent was on the relevant date and continues to be a member of a family, as defined in regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992(6), which includes one or more children;

(c) the formula amount exceeds the old amount.

(2) Nothing in this Part of these Regulations applies to—

(a) a Category A interim maintenance assessment within the meaning of regulation 8(1B) of the Procedure Regulations(7) and made under section 12 of the Act; or

(b) a case falling within the provisions of Part II of the Schedule to the Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992(8) (modification of maintenance assessment in certain cases).

(3) In sub-paragraph (1)(b) above “the relevant date” means—

(a) in an existing case, the date these Regulations come into force;

(b) in a new case, the effective date of the maintenance assessment in that case; and

(c) in a pending case, the effective date of the maintenance assessment in that case or the date on which these Regulations come into force, whichever is the later.

Transitional amount of child support maintenance

8.—(1) In a case to which this Part of these Regulations applies the amount of child support maintenance payable under a maintenance assessment during the transitional period shall, instead of being the formula amount, be the transitional amount.

(2) The transitional amount is—

(a) where the formula amount is not more than £60, an amount which is £20 greater than the old amount;

(b) where the formula amount is more than £60—

(i) during the first 26 weeks of the transitional period, the old amount plus either 25 per centum of the excess or £20.00, whichever is the greater;

(ii) during the next 26 weeks of the transitional period, the old amount plus either 50 per centum of the excess or £40.00, whichever is the greater; and

(iii) during the last 26 weeks of the transitional period, the old amount plus either 75 per centum of the excess or £60.00, whichever is the greater.

(3) If in any case the application of the provisions of this Part of these Regulations would result in an amount of child support maintenance becoming payable which is greater than the formula amount, then those provisions shall not apply or, as the case may be, shall cease to apply to that case and the amount of child support maintenance payable in that case shall be the formula amount.

(1)

1991 c. 48.

(2)

S.I.1992/1813.The relevant amending instrument is S.I.1993/913.

(3)

3 & 4 Eliz.2 c.18.

(4)

3 & 4 Eliz.2 c.19.

(5)

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.

(6)

S.I.1992/1815.The relevant amending instrument is S.I.1993/913.

(7)

Regulation 8(1B) was inserted by regulation 3(2) of S.I.1993/913.

(8)

S.I.1992/2644.The relevant amending instrument is S.I.1993/996.