Regulation 25 Effective dates of maintenance calculations
England, Wales and Scotland
Subject to regulations 26 to 29 F1, 29B F2and 31, where no maintenance calculation is in force with respect to the person with care or the non-resident parent, the effective date of a maintenance calculation following an application made under section 4 or 7 of the Act, F3... as the case may be, shall be the date determined in accordance with paragraphs (2) to (4) below.
Where the application for a maintenance calculation is made under section 4 of the Act by a non-resident parent, the effective date of the maintenance calculation shall be the date that an effective application is made or treated as made under regulation 3.
Where the application for a maintenance calculation is—
made under section 4 of the Act by a person with care;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
made by a child under section 7 of the Act,
the effective date of the maintenance calculation shall be the date of notification to the non-resident parent.
For the purposes of this regulation, where the Secretary of State is satisfied that a non-resident parent has intentionally avoided receipt of a notice of a maintenance application he may determine the date of notification to the non-resident parent as the date on which the notification would have been given to him but for such avoidance.
Where in relation to a decision made under section 11 of the Act a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Act applies, the effective date of the calculation shall be the beginning of the maintenance period in which the change of circumstance to which the calculation relates occurred or is expected to occur.
Annotations
Textual amendments
- F1
Word in reg. 25(1) inserted (27.10.2008) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 5(2)
- F2
Words in reg. 25(1) inserted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 7(4)
- F3
Words in reg. 25(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 9(6)(a)
- F4
Reg. 25(3)(b) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 9(6)(b)