The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

Substitution of regulation 11

34.  For regulation 11(1) (reviews) there shall be substituted the following regulation—

“Revision and supersession

11.— (1) The provisions of the following paragraphs shall apply where the Secretary of State proposes to make a decision under section 16 (revision of decisions) or 17 (decisions superseding earlier decisions) of the Act with respect to a maintenance assessment under which the amount payable was the transitional amount.

(2) Where a fresh maintenance assessment would be made by virtue of a decision under section 16 or 17 of the Act and the amount payable under that assessment (disregarding the provisions of Part III of these Regulations) (in this regulation called “the new formula amount”) would be—

(a) more than the formula amount, the amount of child support maintenance payable shall be the transitional amount plus the difference between the formula amount and the new formula amount;

(b) less than the formula amount but more than the transitional amount, the amount of the child support maintenance payable shall be the transitional amount;

(c) less than the transitional amount, the amount of child support maintenance payable shall be the new formula amount.

(3) Regulations 21 and 22 of the Procedure Regulations shall apply as if the new formula amount were the amount which would be fixed in accordance with a decision superseding an earlier decision.

(4) Where the effective date of a fresh maintenance assessment made by virtue of a revision under section 16 of the Act or of a decision under section 17 of the Act superseding an earlier decision would, apart from this regulation, be before 18th April 1995—

(a) the fresh maintenance assessment; and

(b) the decision under section 16 or, as the case may be, section 17,

shall have effect as from 18th April 1995.”.

(1)

Regulation 11 was amended by S.I. 1995/1045 and 1995/3261.