OpenLegislation

Paragraph 6 Maintenance assessment in force: subsequent application for a maintenance assessment in respect of additional children

F1(1)

Where there is in force a maintenance assessment made in response to an application under section 4 of the Act by an absent parent or person with care and that assessment is not in respect of all of the absent parent’s children who are in the care of the person with care with respect to whom that assessment was made—

(a)

if that absent parent or that person with care makes an application under section 4 of the Act with respect to the children in respect of whom the assessment currently in force was made and the additional child or one or more of the additional children in the care of that person with care who are children of that absent parent, an assessment made in response to that application shall replace the assessment currently in force;

(b)

if that absent parent or that person with care makes an application under section 4 of the Act in respect of an additional qualifying child or additional qualifying children of that absent parent in the care of that person with care, that application shall be treated as an application for a maintenance assessment in respect of all the qualifying children concerned and the assessment made shall replace the assessment currently in force.

F2(2)

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

(3)

Where a maintenance assessment made in response to an application by a child under section 7 of the Act is in force and the person with care F3or the absent parent of that child makes an application for a maintenance assessment under section 4 of the Act in respect of F4one or more F5children of that absent parent who are in the care of that person with care, that application shall be treated as an application for a maintenance assessment with respect to all the children of that absent parent who are in the care of that person with care, and, that assessment shall replace the assessment currently in force.

Annotations

Textual amendments

F1

Sch. 2 para. 6(1) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), reg. 41(2)

F2

Sch. 2 para. 6(2) omitted (19.1.1998) by virtue of The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), reg. 41(2)

F3

Words in Sch. 2 para. 6(3) inserted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), reg. 41(3)

F4

Words in Sch. 2 para. 6(3) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 18

F5

Words in Sch. 2 para. 6(3) substituted (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), reg. 41(3)

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)