{
  "url": "https://openlegislation.uk/child-support-maintenance-assessment-procedure-regulations-1992/regulation-21",
  "json_url": "https://openlegislation.uk/child-support-maintenance-assessment-procedure-regulations-1992/regulation-21.json",
  "legislation": "uksi/1992/1813",
  "legislation_title": "The Child Support (Maintenance Assessment Procedure) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/child-support-maintenance-assessment-procedure-regulations-1992",
  "path": "regulation/21",
  "kind": "regulation",
  "number": "21",
  "heading": "Circumstances in which a decision may not be superseded",
  "text": "(1) A decision of the Secretary of State shall not be superseded in any of the circumstances specified in the following paragraphs of this regulation.\n(2) Except where paragraph (3) or (4) applies and subject to paragraph (5) and regulation 22, this paragraph applies where the difference between–\n(a) the amount of child support maintenance (“the amount\") fixed in accordance with the original decision; and\n(b) the amount which would be fixed in accordance with a superseding decision,\nis less than £10.00 per week.\n(3) Subject to paragraph (5), this paragraph applies where the circumstances of the absent parent are such that the provisions of paragraph 6 of Schedule 1 to the Act would apply and either–\n(a) the amount fixed in accordance with the original decision is less than the amount that would be fixed in accordance with a superseding decision and the difference between the two amounts is less than £5.00 per week; or\n(b) the amount fixed in accordance with the original decision is more than the amount that would be fixed in accordance with the superseding decision and the difference between the two amounts is less than £1.00 per week.\n(4) Subject to paragraph (5), this paragraph applies where–\n(a) the children, in respect of whom child support maintenance would be fixed in accordance with a superseding decision, are not the same children for whom child support maintenance was fixed in accordance with the original decision; and\n(b) the difference between–\n(i) the amount of child support maintenance (“the amount\") fixed in accordance with the original decision; and\n(ii) the amount which would be fixed in accordance with a superseding decision, is less than £1.00 per week.\n(5) This regulation shall not apply where–\n(a) the absent parent is, by virtue of paragraph 5(4) of Schedule 1 to the Act, to be taken for the purposes of that Schedule to have no assessable income;\n(b) the case falls within paragraph 7(2) of Schedule 1 to the Act; ...\n(c) it appears to the Secretary of State that the case no longer falls within paragraph 5(4) of Schedule 1 to the Act; or\n(d) a decision is superseded and in relation to that superseding decision a maintenance assessment is made to which paragraph 15 of Schedule 1 to the Act applies.\n(6) In this regulation–\n“original decision\" means the decision which would be superseded but for the application of this regulation; and\n“superseding decision\" means a decision which would supersede the original decision but for the application of this regulation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. V substituted for Pt. V to Pt. VII (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 16"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 21(5)(b) omitted (4.7.2011) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1464), regs. 1(1), 3(3)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 21(5)(d) and word added (4.7.2011) by The Child Support (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1464), regs. 1(1), 3(3)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/1813/regulation/21",
    "retrieved_at": "2026-10-29T14:18:29.798655+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}