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Paragraph 12

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The provisions of the following sub-paragraphs shall apply where F1a decision is made under section 17 of the Act which supersedes an earlier decision on the ground that there has been a material change of circumstances since the decision took effect at any time when the amount payable under that assessment is the modified amount.

(2)

Where the F2Secretary of State determines that, were a fresh assessment to be made by virtue of a decision under section 17 of the Act superseding an earlier decision, the amount payable under it (disregarding the provisions of this Part of this Schedule) (in this paragraph called “the reviewed formula amount”) would be—

(a)

more than the formula amount, the amount of child support maintenance payable shall be the modified amount plus the difference between the formula amount and the reviewed formula amount;

(b)

less than the formula amount but more than the modified amount, the amount of child support maintenance payable shall be the modified amount;

(c)

less than the modified amount, the amount of child support maintenance payable shall be the reviewed formula amount.

(3)

The F3Secretary of State shall, in determining the reviewed formula amount, apply the provisions of regulations F421 and 22 of the Maintenance Assessment Procedure Regulations.

Annotations

Textual amendments

F1

Words in para. 12(1) of Sch. substituted (1.6.99) by S.I. 1999/1510, art. 2, 30(c)(i)

F2

Words in para. 12(2) of Sch. substituted (1.6.99) by S.I. 1999/1510, art. 2, 30(c)(ii)

F3

Words in para. 12(3) of Sch. substituted (1.6.99) by S.I. 1999/1510, art. 2, 30(c)(iii)

F4

Words in para. 12(3) of Sch. substituted (1.6.99) by S.I. 1999/1510, art. 2, 30(c)(iii)

Notes on Schedule

Modifications

C1

Part 1 of the Schedule was revoked (4.9.95) by s. 18(8) of the Child Support Act 1995 (c. 34), but is continued to be reproduced as it remains in force in some circumstances