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The Child Support (Maintenance Assessment Procedure) Regulations 1992

S.I. 1992/1813 · Made 20 July 1992

Up to date with all changes known to legislation.gov.uk, revised to 7 November 2017.

FAMILY LAW

CHILD SUPPORT

Made 20th July 1992

Coming into force 5th April 1993

M1 Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 3(3), 5(3), 6(1), 12, 16, 17, 18, 42(3), 46(11), 51, 52(4), 54 and 55 of, and paragraphs 11, 14 and 16 of Schedule 1 to, the Child Support Act 1991 and of all other powers enabling him in that behalf hereby makes the following Regulations:C1C2F1

Annotations to the whole text

Textual amendments

F1

Instrument revoked (10.12.2012 reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(a)

Marginal citations

M1

1991 c.48.

Modifications

C1

Instrument applied (5.10.2009) by The Flexible New Deal (Miscellaneous Provisions) Order 2009 (S.I. 2009/1562), reg. 2(1)(c), Sch.

C2

Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and interpretation
  3. Part II: APPLICATIONS FOR A MAINTENANCE ASSESSMENT
  4. 2Applications under section 4 ... or 7 of the Act
  5. 3Applications on the termination of a maintenance assessment
  6. 4Multiple applications
  7. 5Notice to other persons of an application for a maintenance assessment
  8. 6Response to notification of an application for a maintenance assessment
  9. 7Death of a qualifying child
  10. Part III: INTERIM MAINTENANCE ASSESSMENTS
  11. 8Categories of interim maintenance assessment
  12. 8AAmount of an interim maintenance assessment
  13. 8BReview of an interim maintenance assessment Repealed
  14. 8CEffective date of an interim maintenance assessment
  15. 8DMiscellaneous provisions in relation to interim maintenance assessments
  16. 9Interim maintenance assessments which follow other interim maintenance assessments
  17. Part IV: NOTIFICATIONS FOLLOWING CERTAIN DECISIONS BY CHILD SUPPORT OFFICERS
  18. 10Notification of a new or a fresh maintenance assessment
  19. 10ANotification of increase or reduction in the amount of a maintenance assessment
  20. 11Notification of a refusal to conduct a review Repealed
  21. 12Notification of a refusal to make a new or a fresh maintenance assessment Repealed
  22. 13Notification of a refusal to cancel a maintenance assessment Repealed
  23. 14Notification of a cancellation of a maintenance assessment Repealed
  24. 15Notification of a refusal to reinstate a cancelled maintenance assessment Repealed
  25. 15ANotification of reinstatement of a maintenance assessment Repealed
  26. 16Notification when an applicant under section 7 of the Act ceases to be a child
  27. 16ANotification that an appeal has lapsed
  28. Part V: Revisions and Supersessions
  29. 17Revision of decisions
  30. 17AConsideration of revision before appeal
  31. 18Late applications for a revision
  32. 19Date from which revised decision takes effect
  33. 20Supersession of decisions
  34. 21Circumstances in which a decision may not be superseded
  35. 22Special cases and circumstances for which regulation 21 is modified
  36. 23Date from which a decision is superseded
  37. 24Procedure where the Secretary of State proposes to supersede a decision on his own initiative
  38. Part VI: REVIEWS ON A CHANGE OF CIRCUMSTANCES
  39. Regulation Repealed
  40. Part VII: REVIEWS OF A DECISION BY A CHILD SUPPORT OFFICER
  41. 25Notice of a review of a decision by a child support officer Repealed
  42. 26Procedure on a review of a decision by a child support officer Repealed
  43. 27Review following an application under section 18(1)(b) of the Act Repealed
  44. 28Reviews conducted under section 19 of the Act as if a review under section 18(1)(b) of the Act had been applied for Repealed
  45. 29Extension of provisions of section 18(2) of the Act... Repealed
  46. Part VIII: COMMENCEMENT AND TERMINATION OF MAINTENANCE ASSESS-MENTS AND MAINTENANCE PERIODS
  47. 30Effective dates of new maintenance assessments
  48. 30AEffective dates of new maintenance assessments in particular cases
  49. 31Effective dates of maintenance assessments following a review under sections 16 to 19 of the Act Repealed
  50. 31AEffective dates of maintenance assessments following a review under section 18 of the Act Repealed
  51. 31BEffective dates of maintenance assessments following a review under section 19 of the Act Repealed
  52. 31CProvisions as to effective dates of maintenance assessments in specific cases Repealed
  53. 32Cancellation of a maintenance assessment
  54. 32ACancellation of maintenance assessments made under section 7 of the Act where the child is no longer habitually resident in Scotland
  55. 32BNotification of intention to cancel a maintenance assessment under paragraph 16(4A) of Schedule 1 to the Act
  56. 33Maintenance periods
  57. Part IX: REDUCED BENEFIT DIRECTIONS
  58. 34Prescription of disability working allowance for the purposes of section 6 of the Act Repealed
  59. 35Periods for compliance with obligations imposed by section 6 of the Act Repealed
  60. 36Amount of and period of reduction of relevant benefit under a reduced benefit direction Repealed
  61. 37Modification of reduction under a reduced benefit direction to preserve minimum entitlement to relevant benefit Repealed
  62. 38Suspension of a reduced benefit direction when relevant benefit ceases to be payable Repealed
  63. 39Reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable Repealed
  64. 40Suspension of a reduced benefit direction when a modified applicable amount is payable Repealed
  65. 41Termination of a reduced benefit direction following compliance with obligations imposed by section 6 of the Act Repealed
  66. 42Review of a reduced benefit direction Repealed
  67. 43Termination of a reduced benefit direction where a maintenance assessment is made following an application by a child under section 7 of the Act Repealed
  68. 44Termination of a reduced benefit direction where a maintenance assessment is made following an absent parent under section 4 of the Act Repealed
  69. 45Date from which a reduced benefit direction ceases to be in force following a termination under regulation 43 or 44 Repealed
  70. 46Cancellation of a reduced benefit direction in cases of error Repealed
  71. 47Reduced benefit directions where there is an additional qualifying child Repealed
  72. 48Suspension and termination of a reduced benefit direction where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with care Repealed
  73. 49Notice of termination of a reduced benefit direction Repealed
  74. 50Rounding provisions Repealed
  75. Part X: MISCELLANEOUS PROVISIONS
  76. 51Persons who are not persons with care
  77. 52Terminations of maintenance assessments Repealed
  78. 53Authorisation of representative
  79. 53ACorrection of accidental errors
  80. 54Correction of accidental errors in decisions Repealed
  81. 55Setting aside of decisions on certain grounds Repealed
  82. 56Provisions common to regulations 54 and 55 Repealed
  83. 57Action by the Secretary of State on receipt of an application under section 17 or 18 of the Act where a question as to the entitlement to benefit arises Repealed
  84. Signature
  85. Schedule 1: MEANING OF “CHILD” FOR THE PURPOSES OF THE ACT
  86. 1Conditions prescribed for the purposes of section 55(1)
  87. 1APeriod for which a person is to be treated as continuing to fall within section 55(1) of the Act Repealed
  88. 2Meaning of “advanced education” for the purposes of section 55 of the Act
  89. 3Circumstances in which education is to be treated as full-time education
  90. 4Interruption of full-time education
  91. 5Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act Repealed
  92. 6Interpretation
  93. 7Education otherwise than at a recognised educational establishment
  94. 8Person in respect of whom child benefit is payable
  95. Schedule 2: MULTIPLE APPLICATIONS
  96. 1No maintenance assessment in force: more than one application for a maintenance assessment by the same person under section 4 ... of the Act
  97. 2No maintenance assessment in force: more than one application by a child under section 7 of the Act
  98. 3No maintenance assessment in force: applications by different persons for a maintenance assessment
  99. 4Maintenance assessment in force: subsequent application for a maintenance assessment with respect to the same persons
  100. 5Maintenance assessment in force: subsequent application for a maintenance assessment under section 6 of the Act Repealed
  101. 6Maintenance assessment in force: subsequent application for a maintenance assessment in respect of additional children
  102. Explanatory note