6A

Subject to paragraph (6C), where an application is made under section 18(2) of the Act for a review of a maintenance assessment in force following notification being given to the relevant person that the child support officer does not propose to review the assessment in consequence of the coming into force of the provisions mentioned in paragraph (6B), the effective date of a fresh assessment (if one is made) following such a review shall be—

a

where the application is received within 28 days of the Secretary of State notifying the relevant person of the child support officer’s decision, or on a later date where the Secretary of State is satisfied that there was unavoidable delay, the effective date as determined on the review;

b

subject to sub-paragraph (a), where the application is received by the Secretary of State later than 28 days after the date of the notification of the child support officer’s decision, the first day of the maintenance period in which the application is received.

6B

Paragraph (6A) applies to the following provisions of the Income Support and Child Support (Amendment) Regulations 1995—

a

regulation 44(2);

b

regulation 45;

c

regulation 46(2)(d) and (e);

d

regulation 51.

6C

Where the application made under section 18(2) is made following notification being given to the relevant person that the child support officer has determined that the amount to be allowed in the computation of the relevant person’s exempt income in accordance with Schedule 3A to the Child Support (Maintenance Assessments and Special Cases) Regulations is nil by reason of the failure of the relevant person to furnish within a reasonable time the evidence required by paragraph 2 of that Schedule—

a

where the Secretary of State is satisfied that there was good cause for the delay in furnishing the evidence the effective date of any assessment made in consequence of the review shall be the effective date which would have been applicable to the assessment had the evidence been furnished timeously;

b

where the Secretary of State is not satisfied that there was good cause for the delay, the effective date of any revised assessment shall be the first day of the maintenance period in which the relevant person provides that evidence.

14

Where a child support officer following a review under section 19(1) of the Act makes a fresh maintenance assessment or on a review under section 19(2) of the Act is satisfied that if an application were to be made under section 18 of the Act it would be appropriate to make a fresh maintenance assessment, and does so, the effective date of that fresh assessment shall—

a

be determined in accordance with paragraph (5) or (8); or

b

be determined in accordance with paragraph (7), subject to the modification that that paragraph shall have effect as if for “the date determined under paragraph (2)” there is substituted “ the first day of the maintenance period in which the child support officer is first satisfied that a review under section 19(1) of the Act should be undertaken or the first day of the maintenance period following 18th April 1995, whichever is the later ”; or

c

(subject to paragraphs (9) or (10)), be the first day of the maintenance period in which the child support officer is satisfied that a review under section 19 of the Act should be undertaken or the first day of the maintenance period following 18th April 1995 whichever is the later.