33.—(1) Subject to [F1the Transitional Regulations and] paragraph (2), the Child Support Departure Direction and Consequential Amendments Regulations 1996 M1 shall be revoked with respect to a particular case with effect from the date that these Regulations come into force with respect to that type of case (“the commencement date”).
(2) Where before the commencement date in respect of a particular case—
(a)an application was made and not determined for—
(i)a maintenance assessement;
(ii)a departure direction; or
(iii)a revision or supersession of a decision;
(b)the Secretary of State had begun but not completed a revision or supersession of a decision on his own initiative;
(c)any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or
(d)any appeal was made but not decided or any time limit for making an appeal had not expired,
the provisions of the Child Support Departure Direction and Consequential Amendments Regulations 1996 M2 shall continue to apply for the purposes of—
(aa)the decision on the application referred to in sub-paragraph (a);
(bb)the revision or supersession referred to in sub-paragraph (b);
(cc)the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;
(dd)any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or
(ee)any revision, supersession or appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd).
(3) Where, after the commencement date, a decision with respect to a departure direction is revised from a date which is prior to the commencement date, the provisions of the Child Support Departure Direction and Consequential Amendments Regulations 1996 shall continue to apply for the purposes of that revision.
(4) Where, under regulation 28(1) of the Transitional Regulations, an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the Child Support Departure Direction and Consequential Amendments Regulations 1996 shall continue to apply for the purposes of an application for a departure direction in relation to any such assessment made.
(5) For the purposes of this regulation—
(a)“departure direction” and “maintenance assessment” means as provided in section 54 of the Act before its amendment by the 2000 Act;
(b)“revision or supersession” means a revision or supersession of a decision under section 16 or 17 of the Act before its amendment by the 2000 Act and “any time limit for making an application for a revision” means any time limit provided for in Regulations made under section 16 of the Act; and
(c)“2000 Act” means the Child Support, Pensions and Social Security Act 2000.
Textual Amendments
F1Words in reg. 33(1) inserted (3.3.2003) by The Child Support (Transitional Provision)(Miscellaneous Amendments) Regulations 2003 (S.I. 2003/347), regs. 1, 2(5)
Commencement Information
I1Reg. 33 partly in force; reg. 33 not in force at made date; reg. 33 in force at 3.3.2003 for certain purposes, {see reg. 1(1)} and S.I. 2003/192
Marginal Citations