The Child Support (Transitional Provisions) Regulations 2000

Changes over time for: Section 28

Alternative versions:

27/10/2008- Amendment

Changes to legislation:

There are currently no known outstanding effects for the The Child Support (Transitional Provisions) Regulations 2000, Section 28.

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28.—(1) [F1Subject to paragraph (2A), where], after the commencement date but before the conversion date, an application for a maintenance calculation is made F2...and within the relevant period a maintenance assessment was in force in relation to the same qualifying child, non-resident parent and person with care—

(a)the application shall be treated as an application for a maintenance assessment; and

(b)any maintenance assessment made in response to the application shall be an assessment to which regulations 9 to 28 apply.

(2) [F1Subject to paragraph (2A), where], after the conversion date, an application for a maintenance calculation is made F3..., and within the relevant period a maintenance assessment (“the previous assessment") had been in force in relation to the same qualifying child, non-resident parent and person with care but had ceased to have effect—

(a)the amount of child support maintenance payable by the non-resident parent from the effective date of the maintenance calculation made in response to the application shall be calculated in the same way that a conversion calculation would have been made had the previous assessment been in force on the date the calculation is made; and

(b)the provisions of regulations 9 to 28 shall apply accordingly, including the application where appropriate of transitional amounts, phasing amounts and a transitional period, which for this purpose shall begin on the date which would have been the case conversion date in relation to the previous assessment.

[F4(2A) Paragraph (1) or (2) shall not apply where, before any application for a maintenance calculation of a type referred to in paragraph (1) or (2) is made F5..., an application for a maintenance calculation is made or treated as made in relation to either the person with care or the non-resident parent (but not both of them) to whom the maintenance assessment referred to in paragraph (1) or (2) related.]

(3) For the purposes of paragraphs (1) and (2) “the relevant period" means 13 weeks prior to the date that the application for the maintenance calculation is made F6....

(4) This paragraph applies where—

(a)the non-resident parent is liable to pay child support maintenance of a transitional amount and there is, during the transitional period, a subsequent decision (in this regulation referred to as “the first subsequent decision") as a result of which the non-resident parent is liable to pay child support maintenance [F7at—

(i)

the first or second prescribed amount;

(ii)

what would be an amount referred to in head (i) but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Act; or

(iii)

the nil rate; and]

(b)a second subsequent decision is made with an effective date no later than 13 weeks after the effective date of the first subsequent decision the effect of which would be that the non-resident parent would be liable to pay child support maintenance at other than[F8a rate referred to in sub-paragraph (a)].

(5) [F9Subject to paragraph (5A), where] paragraph (4) applies the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the second subsequent decision shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision and, where appropriate, applying a phasing amount, as if the first subsequent decision had not occurred.

[F10(5A) Paragraph (5) shall not apply where, before any second subsequent decision is made, an application for a maintenance calculation is made F11... in relation to either the person with care or the non-resident parent (but not both of them) to whom the first subsequent decision referred to in paragraph (4) related.]

(6) This paragraph applies where during the transitional period a [F12conversion decision] ceases to have effect.

(7) [F13Subject to paragraph (7A), where] paragraph (6) applies and no later than 13 weeks after the [F14conversion decision] ceases to have effect [F15an application for a maintenance calculation] is made, F16..., in relation to the same person with care, non-resident parent and qualifying child, the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the new maintenance calculation shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision in relation to the [F14conversion decision] as if it had not ceased to have effect, and applying a phasing amount where appropriate.

[F17(7A) Paragraph (7) shall not apply where, before an application for a maintenance calculation of a type referred to in that paragraph is made F18..., an application for a maintenance calculation is made F18... in relation to either the person with care or the non-resident parent (but not both of them) to whom the [F19conversion decision] referred to in that paragraph related.]

(8) [F20Subject to paragraph (9), where]—

[F21(a)a [F22conversion decision] is in force, or pursuant to regulation 16(3) a maintenance calculation is in force, (“the calculation”) and the new amount—

(i)is the first or second prescribed amount;

(ii)would be an amount referred to in head (i), but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Act; or

(iii)is the nil rate;]

(b)after the case conversion date a subsequent decision is made;

(c)but for the application of this regulation the subsequent decision amount would be a basic or reduced rate of child support maintenance; and

(d)within 13 weeks prior to the effective date of the subsequent decision a maintenance assessment was in force in relation to the same non-resident parent, person with care and qualifying child, under which the amount payable by the non-resident parent (“the previous assessment") was more than the amount prescribed for the purposes of paragraph 7 of Schedule 1 to the former Act;

the subsequent decision amount shall be calculated by making a subsequent decision in relation to the previous assessment as if the assessment were in force, and applying a phasing amount where appropriate.

[F23(9) Paragraph (8) shall not apply where, before a subsequent decision of a type referred to in paragraph (8)(b) is made, an application for a maintenance calculation is made F24... in relation to the person with care or the non-resident parent (but not both of them) to whom the calculation relates.]

Textual Amendments

F1Words in reg. 28(1)-(2) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(16)(a)

F2Words in reg. 28(1) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

F3Words in reg. 28(2) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

F4Reg. 28(2A) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(16)(b)

F5Words in reg. 28(2A) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

F6Words in reg. 28(3) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

F7Words in reg. 28(4)(a) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(16)(c)

F8Words in reg. 28(4)(b) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(16)(d)

F9Words in reg. 28(5) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(16)(e)

F10Reg. 28(5A) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(16)(f)

F11Words in reg. 28(5A) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6