The Child Support (Miscellaneous Amendments) Regulations 1998

Amendment of paragraph 6 of Schedule 2 to the Maintenance Assessment Procedure Regulations

41.—(1) Paragraph 6 of Schedule 2 to the Maintenance Assessment Procedure Regulations (maintenance assessment in force: subsequent application for a maintenance assessment in respect of additional children) shall be amended in accordance with the following provisions of this regulation.

(2) For sub-paragraphs (1) and (2) there shall be substituted the following sub-paragraph—

“(1) Where there is in force a maintenance assessment made in response to an application under section 4 of the Act by an absent parent or person with care and that assessment is not in respect of all of the absent parent’s children who are in the care of the person with care with respect to whom that assessment was made—

(a) if that absent parent or that person with care makes an application under section 4 of the Act with respect to the children in respect of whom the assessment currently in force was made and the additional child or one or more of the additional children in the care of that person with care who are children of that absent parent, an assessment made in response to that application shall replace the assessment currently in force;

(b) if that absent parent or that person with care makes an application under section 4 of the Act in respect of an additional qualifying child or additional qualifying children of that absent parent in the care of that person with care, that application shall be treated as an application for a maintenance assessment in respect of all the qualifying children concerned and the assessment made shall replace the assessment currently in force.”.

(3) In sub-paragraph (3)—

(a) after the words “and the person with care” there shall be inserted the words “or the absent parent”;

(b) for the words “children of the absent parent who are in her care”, wherever they occur, there shall be substituted the words “children of that absent parent who are in the care of that person with care”.