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

PART IX E+W+S AMENDMENT OF THE CHILD SUPPORT (MISCELLANEOUS AMENDMENTS AND TRANSITIONAL PROVISIONS) REGULATIONS 1994

Amendment of regulation 6 E+W+S

32.  In regulation 6—

(a) in the definition of “transitional period" in paragraph (1), for the words “is reviewed" there shall be substituted the words “ was reviewed or, as the case may be, a decision is made superseding an earlier decision, ”; and

(b) in paragraph (2), for the words “child support officer" there shall be substituted the words “ Secretary of State ”.

Amendment of regulation 10 E+W+S

33.  In regulation 10 (procedure)—

(a) in paragraph (1), after the words “of the Act" there shall be inserted the words “ before 1st June 1999 or an application on or after that date for a decision under section 17 of the Act superseding an earlier decision ”; and

(b) for paragraph (3) there shall be substituted the following paragraph—

“(3) Regulation 10(2) of the Procedure Regulations shall not apply in respect of a decision made solely for the purpose of applying Part III of these Regulations but instead the Secretary of State shall notify the relevant persons (as defined in regulation 1(2) of the Procedure Regulations) of the detail of how the provisions of Part III of these Regulations have been applied in that case.”.

Substitution of regulation 11 E+W+S

34.  For regulation 11 M1 (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.”.

Marginal Citations

M1 Regulation 11 was amended by S.I. 1995/1045 and 1995/3261.

Substitution of regulation 12 E+W+S

35.  For regulation 12 (reviews consequent on the amendments made by Part II) there shall be substituted the following regulation—

“ Decisions consequent on the amendments made by Part II

12.— (1) A fresh maintenance assessment shall not be made by virtue of a decision under section 17 of the Act superseding an earlier decision in consequence only of the amendments made by Part II of these Regulations where the amount of child support maintenance fixed by the assessment currently in force and the amount that would be fixed if a fresh assessment were to be made under that section is less than £1.00 a week.

(2) Except in relation to the amendment made by regulation 4(8) above, where a fresh maintenance assessment is made by virtue of a decision under section 17 of the Act superseding an earlier decision in consequence only of the amendments made by Part II of these Regulations, the date as from which—

(a) the fresh maintenance assessment; and

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

shall have effect shall be 7th February 1994.”.

Revocation of regulations 13 and 14 E+W+S

36.  Regulations 13 (reviews consequent on the provisions of Part III) and 14 (notification) are hereby revoked.