PART IAmendment of the Maintenance Assessment Procedure Regulations

Substitution of regulations 41 to 4628

For regulations 41 to 46 M1 there shall be substituted the following regulation–

Termination of reduced benefit direction41

A reduced benefit direction shall cease to be in force–

a

where a parent with care, with respect to whom such a direction is in force, complies with the obligations imposed by section 6 of the Act;

b

upon an application made for the purpose where the Secretary of State is satisfied that a parent with care, with respect to whom such a direction is in force, should not be required to comply with the obligations imposed by section 6 of the Act;

c

where a qualifying child of a parent with respect to whom a direction is in force applies for a maintenance assessment to be made with respect to him under section 7 of the Act and an assessment is made in response to that application in respect of all of the qualifying children in relation to whom the parent concerned failed to comply with the obligations imposed by section 6 of the Act; or

d

where–

i

an absent parent applies for a maintenance assessment to be made under section 4 of the Act with respect to all of his qualifying children in relation to whom the other parent of those children is a person with care;

ii

a direction is in force with respect to that other parent following her failure to comply with the obligations imposed by section 6 of the Act in relation to those qualifying children; and

iii

an assessment is made in response to that application by the absent parent for a maintenance assessment.