The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995

Amendment of regulation 22 of the Maintenance Assessments and Special Cases Regulations

45.—(1) Regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraph—

“(1) Where an application for a maintenance assessment has been made in respect of an absent parent and—

(a) at least one other application for a maintenance assessment has been made in relation to the same absent parent (or a person who is treated as an absent parent by regulation 20(2)) but to different children; or

(b) at least one maintenance assessment is in force in relation to the same absent parent or a person who is treated as an absent parent by regulation 20(2) but to different children,

that case shall be treated as a special case for the purposes of the Act.”.

(3) In paragraph (2), for the words “paragraph (1)” there shall be substituted the words“paragraph (1)(a)” and after the word “applies” there shall be inserted the words “or in respect of the application made in circumstances where paragraph (1)(b) applies”.

(4) After paragraph (2) there shall be inserted the following paragraph—

“(2A) Where paragraph (1)(b) applies, and a maintenance assessment has been made in respect of the application referred to in paragraph (1), each maintenance assessment in force at the time of that assessment shall be reduced using the formula for calculation of assessable income set out in paragraph (2) and each reduction shall take effect on the date specified in regulation 33(7) of the Maintenance Assessment Procedure Regulations.”.