Citation and interpretation1

1

This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 10 and Transitional Provisions) Order 2012.

2

In this Order—

  • “1991 Act” means the Child Support Act 19912;

  • “2000 Act” means the Child Support, Pensions and Social Security Act 20003;

  • “2008 Act” means the Child Maintenance and Other Payments Act 2008;

  • “2012 Regulations” means the Child Support Maintenance Calculation Regulations 20124;

  • “new calculation rules” means Part 1 of Schedule 1 to the 1991 Act as amended by the provisions specified in article 2.

3

In this Order, subject to paragraph (5)—

  • “maintenance calculation”, “non-resident parent”, “person with care” and “qualifying child” have the meanings given in the 1991 Act5;

  • “absent parent” and “maintenance assessment” have the meanings given in the 1991 Act before its amendment by the 2000 Act.

4

In this Order, a reference to an existing case is to a case in which there is—

a

a maintenance assessment in force;

b

a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force;

c

an application for a maintenance assessment which has been made but not determined; or

d

an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.

5

In this Order—

a

a reference to a non-resident parent includes reference to a person who is—

i

alleged to be the non-resident parent for the purposes of an application for child support maintenance under the 1991 Act; or

ii

treated as the non-resident parent for the purposes of the 1991 Act; and

b

a reference to an absent parent includes reference to a person who is—

i

alleged to be the absent parent for the purposes of an application for child support maintenance under the 1991 Act; or

ii

treated as the absent parent for the purposes of the 1991 Act.