Regulation 10 Notification of a new or a fresh maintenance assessment

F1(1)

A person with a right of appeal to F2the First-tier Tribunal under–

(a)

section 20 of the Act; and

(b)

section 20 of the Act as extended by paragraph 3(1)(b) of Schedule 4C to the Act,

shall be given notice of that right and of the decision to which that right relates.

F3(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C)

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(2)

F4Subject to F5paragraphs (2A) and (2B), a notification under paragraph (1) F6of a new or fresh maintenance assessment made under section 11, 16 or 17 shall set out, in relation to the maintenance assessment in question—

(a)

the maintenance requirement;

(b)

the effective date of the assessment;

F7(c)

the net and assessable income of the absent parent and, where relevant, the amount determined under regulation 9(1)(b) of the Maintenance Assessments and Special Cases Regulations (housing costs);

F8(cc)

where relevant, the absent parent’s protected income level and the amount of the maintenance assessment before the adjustment in respect of protected income specified in paragraph 6(2) of Schedule 1 to the Act was carried out;

F9(d)

the net and assessable income of the parent with care, and, where relevant, an amount in relation to housing costs determined in the manner specified in regulation 10 of the Maintenance Assessments and Special Cases Regulations (calculation of exempt income of parent with care);

(e)

details as to the minimum amount of child support maintenance payable by virtue of regulations made under paragraph 7 of Schedule 1 to the Act; and

(f)

details as to apportionment where a case is to be treated as a special case for the purposes of the Act under section 42 of the Act.

F10(h)

any amount determined in accordance with Schedule 3A or 3B to the Maintenance Assessments and Special Cases Regulations (qualifying transfer of property and travel costs).

F11(i)

where the notification under paragraph (1)(a) F12... follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Act, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.

F13(2A)

Where a new Category A F14Category C or D interim maintenance assessment is made, or a fresh Category A Category C or D interim maintenance assessment is made following F15a revision of a maintenance assessment under section 16 of the Act or a supersession of a maintenance assessment under section 17 of the Act 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.

F16(2AA)

where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.

F17(2B)

A notification under paragraph (1) in relation to a Category B interim maintenance assessment shall set out in relation to it—

(F18a)

the matters listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (2);

(b)

where known, the absent parent’s assessable income; and

(c)

where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.

(3)

Except where a person gives written permission to the Secretary of State that the information, in relation to him, mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

(a)

the address of any person other than the recipient of the document in question (other than the address of the office F19of the officer concerned who is exercising functions of the Secretary of State under the Act) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)

any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

F20(4)

Where a decision as to a maintenance assessment is made under section 11, 12, 16 or 17 of the Act, a notification under paragraph (1) shall include information as to the provisions of sections 16 and 17 of the Act.

(5)

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F21(5)

Paragraphs (2) to (4) of this regulation apply in the case of a decision in respect of which there is no right of appeal as the result of regulation 17A (consideration of revision before appeal) as they apply in the case of a decision which may be appealed under section 20 of the Act (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000).

(6)

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Annotations

Textual amendments

F1: Reg. 10(1) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(a)
F2: Words in reg. 10(1) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 58
F3: Reg. 10(1A)-(1C) omitted (1.6.1999) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(b)
F4: Words in reg. 10(2) substituted (16.2.1995) by The Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 6(2)
F5: Words in reg. 10(2) substituted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 30(3)
F6: Words in reg. 10(2) inserted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(c)
F7: Reg. 10(2)(c) substituted (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 18(3)
F8: Reg. 10(2)(cc) inserted (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 18(4)
F9: Reg. 10(2)(d) substituted (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 18(5)
F10: Reg. 10(2)(h) added (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 18(6)
F11: Reg. 10(2)(i) inserted (2.12.1996) by The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907), regs. 1(1), 67(3)
F12: Words in reg. 10(2)(i) deleted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(c)(ii)
F13: Reg. 10(2A) inserted (16.2.1995) by The Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 6(3)
F14: Words in reg. 10(2A) inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 30(4)
F15: Words in reg. 10(2A) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(d)
F16: Reg. 10(2AA) added (2.12.1996) by The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907), regs. 1(1), 67(4)
F17: Reg. 10(2B) inserted (18.4.1995) by The Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 30(5)
F18: Reg. 10(2B)(a)-(c) substituted for Reg. 10(2B)(a)(b) (2.12.1996) by The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907), regs. 1(1), 67(5)
F19: Words in reg. 10(3)(a) substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(e)
F20: Reg. 10(4) substituted for regs. 10(4)-(6) (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 11(f)
F21: Reg. 10(5) inserted (28.10.2013) by The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 3(2)

Notes on the whole SI

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)