Regulation 8 Maintenance calculations and maintenance orders made in errorF15

England, Wales and Scotland

(1)

Where—

(a)

at the time that a maintenance F1calculation with respect to a qualifying child was made a maintenance order was in force with respect to that child;

F2(aa)

the maintenance order has ceased to have effect by virtue of the provisions of regulation 3;

(b)

the F3non-resident parent has made payments of child support maintenance due under that F4calculation; and

(c)

~~F5F6the Secretary of State~~ ~~cancels that assessment on the grounds that it was made in error,~~

the Secretary of State revises the decision as to the maintenance calculation under section 16 of the Act and decides that no child support maintenance was payable on the ground that the previous decision was made in error,

the payments of child support maintenance shall be treated as payments under the maintenance order and that order shall be treated as having continued in force.

(2)

Where—

(a)

at the time that a maintenance order with respect to a qualifying child was made a maintenance F7calculation was in force with respect to that child;

F8(aa)

the maintenance F9calculation ~~F10is cancelled or~~ ceases to have effect;

(b)

the F11non-resident parent has made payments of maintenance due under that order; and

(c)

the maintenance order is revoked by the court on the grounds that it was made in error,

the payments under the maintenance order shall be treated as payments of child support maintenance and the maintenance F12calculation shall be treated ~~F13as not having been cancelled~~ ~~F14or, as the case may be,~~ as not having ceased to have effect.

Annotations

Textual amendments

F1: Word in reg. 8(1)(a) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F2: Reg. 8(1)(aa) inserted (5.4.1993) by Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 46(a)
F3: Words in reg. 8(1)(b) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(1) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F4: Word in reg. 8(1)(b) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F5: Reg. 8(1)(c) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 9(a) (with reg. 10); S.I. 2003/192, art. 3, Sch
F6: Words in reg. 8(1)(c) substituted (1.6.1999) by Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 31(3)
F7: Word in reg. 8(2)(a) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F8: Reg. 8(2)(aa) inserted (5.4.1993) by Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 46(b)(i)
F9: Word in reg. 8(2)(aa) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F10: Words in reg. 8(2)(aa) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 9(b) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F11: Words in reg. 8(2)(b) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(1) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F12: Word in reg. 8(2) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F13: Words in reg. 8(2)(aa) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 9(c) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F14: Words in reg. 8(2) inserted (5.4.1993) by Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 46(b)(ii)
F15: Word in reg. 8 heading substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.