The Child Support (Miscellaneous Amendments) Regulations 1995

• Citation: S.I. 1995/123
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 1995 and shall come into force on 16th February 1995.

(2) In these Regulations—

“ Information, Evidence and Disclosure Regulations ” means the Child Support (Information, Evidence and Disclosure) Regulations 1992

“ Maintenance Arrangements and Jurisdiction Regulations ” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992

“ Maintenance Assessment Procedure Regulations ”means the Child Support (Maintenance Assessment Procedure) Regulations 1992

Section 2 Amendment of regulation 2 of the Information, Evidence and Disclosure Regulations

After sub-paragraph (b) of paragraph (2) of regulation 2 of the Information, Evidence and Disclosure Regulations, there shall be inserted the following sub-paragraph—

(ba) the current or recent employer of a person falling within sub-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);

Section 3 Amendment of regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations

After paragraph (6) of regulation 3 of the Maintenance Arrangements and Jurisdiction Regulations, there shall be added the following paragraph—

(7) Where at the time an interim maintenance assessment was made there was in force with respect to children in respect of whom that interim maintenance assessment was made an order falling within paragraph (1), the effective date of a maintenance assessment subsequently made in accordance with Part I of Schedule 1 to the Act in respect of those children shall be the effective date of that interim maintenance assessment as determined under paragraph (5).

Section 4 Amendment of regulation 1 of the Maintenance Assessment Procedure Regulations

In paragraph (2) of regulation 1 of the Maintenance Assessment Procedure Regulations, after the definition of “Information, Evidence and Disclosure Regulations”there shall be inserted the following definition—

“Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 ;

Section 5 Amendment of regulation 8 of the Maintenance Assessment Procedure Regulations

(1) Regulation 8 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.

(2) At the beginning of paragraph (3), for the words “Where the provisions of regulation 30(2)(a) or (4) apply” there shall be substituted the words “Except where regulation 3(5) of the Maintenance Arrangements and Jurisdiction Regulations (effective date of maintenance assessment where court order in force) or paragraph (3A), (3B), (3C) or (3D) applies”.

(3) After paragraph (3), there shall be inserted the following paragraphs—

(3A) Subject to paragraph (3D), where a child support officer makes a Category A interim maintenance assessment following a review of a Category A interim maintenance assessment under section 16 of the Act, the effective date of that assessment shall be 52 weeks after the effective date of the previous interim maintenance assessment, disregarding any previous interim maintenance assessment made following a review under section 19 of the Act.

(3B) Subject to paragraph (3D), where a child support officer reviews a Category A interim maintenance assessment under section 19(1) of the Act on the grounds that it is defective because of a mistake as to its effective date or for reasons which include a mistake as to its effective date, the effective date of a Category A interim maintenance assessment made following such a review shall be the correct effective date applicable to the interim maintenance assessment being reviewed, as determined in accordance with paragraph (3), (3A) or regulation 3(5) of the Maintenance Arrangements and Jurisdiction Regulations, as the case may be.

(3C) Subject to paragraph (3D), where a child support officer reviews a Category A interim maintenance assessment under section 19(1) of the Act on the grounds that it is defective for reasons which do not include a mistake as to its effective date, the effective date of a Category A interim maintenance assessment made following such a review shall be the same as the effective date of the interim maintenance assessment that has been reviewed.

(3D) Where the effective date of a Category A interim maintenance assessment made following a review under section 16 or 19(1) of the Act would by virtue of the provisions of paragraphs (3A) to (3C) be earlier than 16th February 1995, the effective date of that assessment shall be 16th February 1995.

(4) At the beginning of paragraph (4), for the words “Where a maintenance assessment is made” there shall be substituted the words “In cases where the effective date of an interim maintenance assessment is determined under paragraph (3), (3A), (3B), (3C) or (3D), where a maintenance assessment is made”.

Section 6 Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations

(1) Regulation 10 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.

(2) At the beginning of paragraph (2), for the words “A notification under paragraph (1)”there shall be substituted the words “Subject to paragraph (2A), a notification under paragraph (1)”.

(3) After paragraph (2), there shall be inserted the following paragraph—

(2A) Where a new Category A interim maintenance assessment is made, or a fresh Category A interim maintenance assessment is made following a review under section 16 or 19(1) of the Act, a notification under paragraph (1) shall set out, in relation to that interim maintenance assessment, the maintenance requirement and the effective date.

(4) At the beginning of paragraph (4), for the words “A notification under paragraph (1)”there shall be substituted the words “Subject to paragraph (5), a notification under paragraph (1)”.

(5) After paragraph (4), there shall be added the following paragraph—

(5) Where a new Category A interim maintenance assessment is made or a fresh Category A interim maintenance assessment is made following a review under section 16 or 19(1) of the Act, a notification under paragraph (1) shall include information as to sections 16 and 19(1) of the Act.

Section 7 Amendment of regulation 30 of the Maintenance Assessment Procedure Regulations

In paragraph (1) of regulation 30 of the Maintenance Assessment Procedure Regulations, after the words “Subject to regulation 8(3)” there shall be inserted the words “(interim maintenance assessments) and to regulation 3(5) and (7) of the Maintenance Arrangements and Jurisdiction Regulations (maintenance assessments where court order in force),”.

Section 8 Amendment of regulation 31 of the Maintenance Assessment Procedure Regulations

In paragraph (13) of regulation 31 of the Maintenance Assessment Procedure Regulations, for the words “regulation 30 or in accordance with paragraphs (1) to (12), as the case may be” there shall be substituted the words “paragraphs (1) to (12), regulation 8(3), regulation 30, or in accordance with regulation 3(5) or (7) of the Maintenance Arrangements and Jurisdiction Regulations, as the case may be.”.