The effective dateE+W+S
8.—(1) For the purposes of this Order, “the effective date” means, in relation to any case, the date which would be the effective date of a maintenance assessment under regulation 30 or 33(7) of the Assessment Procedure Regulations (effective dates of new maintenance assessments, and maintenance periods) or regulation 3(5), (7) or (8) of the Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders), whichever would apply to the case in question, or would have applied had the effective date not fallen to be determined under regulation 8C or 30A of the Assessment Procedure Regulations M1; and paragraphs (2) and (3) shall apply in relation to the application of those Regulations for this purpose.
(2) In the application of the Assessment Procedure Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, those Regulations shall be applied as if references in regulation 30—
(a)to the date when the maintenance enquiry form was given or sent to the absent parent were references to the date on which the absent parent is first notified by the Secretary of State (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent; and
(b)to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were references to the provision of this information by the absent parent.
(3) In the application of the Arrangements and Jurisdiction Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(8) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent to the absent parent were to the date on which the absent parent is first notified by the Secretary of State (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent.
Marginal Citations
M1Regulation 8C was inserted by S.I. 1995/3261 and amended by S.I. 1999/1047; regulation 30A was inserted by S.I. 1995/3261 and amended by S.I. 1996/3196, 1998/58 and 1999/1047.