The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009

Transitional provisions – qualifying child

5.—(1) Where the circumstances in paragraph (2) apply the effective date of—

(a) a maintenance assessment or maintenance calculation made following an application under section 4 or 7 of the Act; or

(b) a supersession decision made under section 17 of the Act where the relevant change of circumstances is that a person has become a qualifying child by virtue of these Regulations,

is the day on which this regulation comes into force.

(2) The circumstances are—

(a) before these Regulations came into force there was a maintenance assessment or maintenance calculation in force in relation to the qualifying child to whom the application or supersession relates;

(b) a person (“C”) who was a qualifying child to whom that maintenance assessment or maintenance calculation relates, ceased to be a qualifying child on or after 10th April 2006 by virtue of no longer falling within the provisions of—

(i) Schedule 1 to the Maintenance Assessment Procedure Regulations (meaning of “child” for the purposes of the Act); or, as the case may be,

(ii) Schedule 1 to the Maintenance Calculation Procedure Regulations (meaning of “child” for the purposes of the Act); and

(c) child benefit was payable in respect of C on the day C ceased to be a qualifying child and is payable in respect of C on the day on which this regulation comes into force.

(3) Where an application under section 4 or 7 of the Act is made in a case to which the circumstances in paragraph (2) apply in respect of a maintenance assessment, the definition of “the relevant period” in regulation 28(3) of the Child Support (Transitional Provisions) Regulations 2000 (linking provisions)(1), is modified as follows—

“(3) For the purposes of paragraph (1) “the relevant period” means the period starting on the day immediately before the day the maintenance assessment ceased to have effect under paragraph 16(1) of Schedule 1 to the Act, to the day that the application referred to in paragraph (1) is made, in a case where the circumstances of regulation 5(2) of the Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (transitional provisions – qualifying child)(2) apply.”.

(1)

S.I. 2000/3186, relevant amending instruments are S.I. 2002/1204 and 2008/2543.

(2)

S.I. 2009/2909.