http://www.legislation.gov.uk/id/uksi/1999/1510

http://www.legislation.gov.uk/uksi/1999/1510/article/34/made

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

Child support

Family support

Children in care

King's Printer of Acts of Parliament

2017-05-16

SOCIAL SECURITY

FAMILY LAW;CHILD SUPPORT

This Order provides for the coming into force on 1st June 1999 of the provisions of the Social Security Act 1998 which—enable the Lord Chancellor to—appoint a President of appeal tribunals; andconstitute a panel from which the President of appeal tribunals may draw persons to act as members of appeal tribunals;enable the Secretary of State to appoint officers and staff for the President of appeal tribunals and for appeal tribunals;enable regulations to be made supplementing the provision made by section 26 of the Social Security Act 1998.remove the power of the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals to appoint officers and staff for—himself;regional and other full-time chairmen of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;social security appeal tribunals;disability appeal tribunals; andmedical appeal tribunals;amend the Judicial Pensions and Retirement Act 1993 (c. 8) (“the 1993 Act”) in consequence of provisions of the Social Security Act 1998—by removing references to chairmen of child support appeal tribunals (in view of the replacement of such tribunals by appeal tribunals constituted under section 7 of the Social Security Act 1998);so as to provide that the office of President of appeal tribunals is a qualifying judicial office for the purposes of the 1993 Act (new arrangements for judicial pensions);substitute new procedures for making decisions and appeals with respect to child support; andrepeal words in the Debtors (Scotland) Act 1987 (c. 18) in consequence of the commencement of paragraph 12 of Schedule 7 to the Social Security Act 1998 by article 2(4)(b) of the Social Security Act 1998 (Commencement No. 4) Order 1999 (S.I. 1999/526) (article 2).

PART IXAMENDMENT OF THE CHILD SUPPORT (MISCELLANEOUS AMENDMENTS AND TRANSITIONAL PROVISIONS) REGULATIONS 1994

Substitution of regulation 1134

For regulation 1149 (reviews) there shall be substituted the following regulation—

Revision and supersession11
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.