Paragraph 7

(1)

Subject to sub-paragraph (2), the provisions of this Part of this Schedule apply to cases where—

(a)

on 4th April 1993F1, and at all times thereafter until the date when a maintenance assessment is made under the Act, there is in force, in respect of all the qualifying children in respect of whom an application for a maintenance assessment is made under the Act and the absent parent concerned, one or more—

(i)

maintenance orders;

(ii)

orders under section 151 of the Army Act 1955 M1 (deductions from pay for maintenance of wife or child) or section 151 of the Air Force Act 1955 M2 (deductions from pay for maintenance of wife or child) or arrangements corresponding to such an order and made under Article 1(b) or 3 of the Naval and Marine Pay and Pensions (Deductions for Maintenance) Order 1959 M3; or

(iii)

maintenance agreements (being agreements which are made or evidenced in writing); and

(b)

the absent parent is responsible for maintaining a child or children residing with him other than the child or children in respect of whom the application is made; and

(c)

the formula amount is not more than £60; and

(d)

the formula amount exceeds the aggregate weekly amount which was payable under the orders, agreements or arrangements mentioned in sub-paragraph (a) above by more than £20 a week.

(2)

Nothing in this Part of this Schedule applies to F2a Category A interim maintenance assessment within the meaning of regulation 8(1B) of the Child Support (Maintenance Assessment Procedure) Regulations 1992 made under section 12 of the Act.

Annotations

Textual amendments

F1: Words in para. 7(1)(a) of Sch. inserted (31.3.93) by art. 2(2)
F2: Words in para. 7(2) of Sch. substituted (31.3.93) by S.I. 1993/966, art. 2(3)

Marginal citations

M1: 3 & 4 Eliz 2 c. 18.
M2: 3 & 4 Eliz 2 c. 19.
M3: This Order in Council is not a statutory instrument but copies may be obtained from the Ministry of Defence, Naval Pay (Pensions and Conditions of Service) Branch, Old Admiralty Building, Spring Gardens, London, SW1A 2BE.

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C1: Part 1 of the Schedule was revoked (4.9.95) by s. 18(8) of the Child Support Act 1995 (c. 34), but is continued to be reproduced as it remains in force in some circumstances