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PART IIIE+W+S AMOUNT PAYABLE FOLLOWING CONVERSION DECISION

Conversion calculation and conversion decisionE+W+S

16.—(1) A conversion calculation by the Secretary of State shall be made—

(a)in accordance with Part I of Schedule 1 to the Act;

[F1(b)taking into account the information used in accordance with regulation 3(2); and]

(c)taking into account any relevant departure direction or any relevant property transfer as provided in regulations 17 to [F223A].

(2) A conversion decision shall be treated for the purposes of any revision, supersession, appeal or application for a variation under sections 16, 17, 20 or 28G M1 of the Act, and Regulations made in connection with such matters, as a decision under section 11 of the Act M2 made with effect from the date of notification of that decision and, where a conversion decision has been made, the case shall for those purposes be treated as if there were a maintenance calculation in force.

[F3(2A) For the purposes of sections 29 to 41B of the Act and regulations made under or by virtue of those sections, a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.]

[F4(2B) For the purposes of regulation 2 of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996 (interpretation for the purposes of section 74A of the Social Security Administration Act 1992), a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.]

[F5(2C) For the purposes of regulations 9 and 10 of the Arrears, Interest and Adjustment Regulations, a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.]

(3) A [F6conversion decision] shall become a maintenance calculation when the transitional period ends or, if later, any relevant property transfer taken into account in [F7the conversion calculation] ceases to have effect.

Textual Amendments

Marginal Citations

M1Section 28G is substituted by section 7 of the Child Support, Pensions and Social Security Act 2000.

M2Section 11 is substituted by section 1 of the Child Support, Pensions and Social Security Act 2000.