PART IV COURT ORDER PHASING

Interpretation29

1

In this Part—

  • “the Act" means the Child Support Act 1991;

  • “calculation amount" means the amount of child support maintenance that would, but for the provisions of this Part, be payable under a maintenance calculation which is in force;

  • “excess" means the amount by which the calculation amount exceeds the old amount;

  • “maintenance calculation" has the meaning given in section 54 of the Act the effective date of which is on or after the date prescribed for the purposes of section 4(10)(a) of the Act;

  • “old amount" means, subject to paragraph (2) below, the aggregate weekly amount which was payable under the orders, agreements or arrangements mentioned in regulation 30;

  • “subsequent decision" means—

    1. a

      any decision under section 16 or 17 of the Act to revise or supersede a maintenance calculation to which regulation 31(1) applies; or

    2. b

      any such revision or supersession as decided on appeal,

    whether as originally made or as revised under section 16 of the Act or decided on appeal;

  • “subsequent decision amount" means the amount of child support maintenance liability resulting from a subsequent decision;

  • “transitional amount" means an amount determined in accordance with regulation 31; and

  • “transitional period" means a period beginning on the effective date of the maintenance calculation and ending 78 weeks after that date or, if earlier, on the date on which regulation 31(3) applies.

2

In determining the old amount the Secretary of State shall disregard any payments in kind and any payments made to a third party on behalf of or for the benefit of the qualifying child or the person with care.