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.