Substitution of regulations 9 and 9AE+W+S
10. For regulations 9 and 9A M1 there shall be substituted the following regulation–
“ Interim maintenance assessments which follow other interim maintenance assessments
9.—(1) Where an interim maintenance assessment is being revised on the ground specified in regulation 17(1)(b) and the Secretary of State is satisfied–
(a)that another Category A, Category B or Category D maintenance assessment should be made, and
(b)that there has been unavoidable delay for part of the period during which the assessment which is being revised was in force,
the effective date of that other–
(i)Category A or Category D interim maintenance assessment shall be the first day of the maintenance period following the date upon which, in the opinion of the Secretary of State, the delay became avoidable;
(ii)Category B interim maintenance assessment shall be the date set out in regulation 8C(1)(b).
(2) Where an interim maintenance assessment is revised on either of the grounds set out in regulation 17(4) or (5), payments made under that interim maintenance assessment before the revision shall be treated as payments made under the Category B interim maintenance assessment which replaces it.
(3) Subject to paragraphs (5) and (6), where the Secretary of State makes a Category B interim maintenance assessment following the revision of an interim maintenance assessment in accordance with regulation 17(4), the effective date of that Category B interim maintenance assessment shall be the date determined in accordance with regulation 8C(1)(b).
(4) Where the Secretary of State makes a fresh interim maintenance assessment following the supersession of an interim maintenance assessment in accordance with regulation 20(7), the effective date of that fresh interim maintenance assessment shall be the date from which that supersession took effect.
(5) Where the Secretary of State cancels upon a revision an interim maintenance assessment in accordance with regulation 17(4) which caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in regulation 17(4) shall be the date on which that revision took effect.
(6) Where the revision of an interim maintenance assessment in accordance with regulation 17(5) caused a court order to cease to have effect in accordance with regulation 3(6) of the Maintenance Arrangements and Jurisdiction Regulations, the effective date of the Category B interim maintenance assessment referred to in regulation 17(4) shall be the date on which that revision took effect.”.
Marginal Citations
M1Regulations 9 and 9A were substituted for regulation 9 by S.I. 1995/3261; regulation 9 was amended by S.I. 1998/58 and S.I. 1998/2799; regulation 9A was amended by S.I. 1998/2799.