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

PART XII AMENDMENT OF THE CHILD SUPPORT (COMPENSATION FOR RECIPIENTS OF FAMILY CREDIT AND DISABILITY WORKING ALLOWANCE) REGULATIONS 1995

Amendment of regulation 5

41.  For paragraphs (1) to (4) of regulation 5 (calculation of compensation in particular cases) there shall be substituted the following paragraphs—

“(1) Where a revised assessment is replaced by a fresh maintenance assessment of a different amount by virtue of a revision under section 16 of the 1991 Act, the compensation payment calculated under section 24 of the 1995 Act shall be recalculated using the amount due under the fresh maintenance assessment in place of the amount due under the revised assessment.

(2) Subject to paragraph (3), where the earlier assessment is replaced by a fresh assessment—

(a) which was made after the revised assessment; and

(b) the effective date of that fresh assessment is before the date on which the revised assessment was made,

the amount payable under the fresh assessment shall be ignored for the purposes of the calculation of a compensation payment under section 24 of the 1995 Act.

(3) In a case where the circumstances in paragraphs (1) and (2) apply the compensation payable under section 24 of the 1995 Act shall be recalculated using the amount due under the fresh assessments referred to in paragraphs (1) and (2).”.