PART 3DECISION MAKING

CHAPTER 1MAKING THE MAINTENANCE CALCULATION

Initial effective date12.

The effective date of a decision under section 11 of the 1991 Act20 (“the initial effective date”) is the date on which notice is given to the non-resident parent in accordance with regulation 11.

Effect of variation applied for before a maintenance calculation is made13.

(1)

Subject to paragraph (2), where an application for a variation is made in the circumstances referred to in section 28A(3) of the 1991 Act21 (that is before the Secretary of State has reached a decision under section 11 or 12(1) of the Act) and the application is agreed to, the effective date of the maintenance calculation which takes account of the variation is—

(a)

where the ground giving rise to the variation existed from the initial effective date, that date; or

(b)

where the ground giving rise to the variation arose after the initial effective date, the day on which the ground arose.

(2)

Where—

(a)

the ground for the variation applied for under section 28A(3) of the 1991 Act is a ground in regulation 65 (prior debts) or 67 (payments in respect of certain mortgages, loans or insurance policies), and

(b)

payments falling within the relevant regulation which have been made by the non-resident parent constitute voluntary payments for the purposes of section 28J of that Act (voluntary payments)22 and regulations made under that section,

the date from which the maintenance calculation is to take account of the variation on this ground is to be the date on which the non-resident parent is notified under regulation 25 (notification of a maintenance calculation) of the amount of their liability to pay child support maintenance.

(3)

Where the ground for the variation applied for under section 28A(3) of the 1991 Act has ceased to exist by the date on which the maintenance calculation is made, that calculation is to take account of the variation for the period ending on the day on which the ground ceased to exist.