Regulation 26 Effective dates of maintenance calculations—maintenance order and application under section 4 or 7

England, Wales and Scotland

(1)

This regulation applies, subject to F1regulations 28 and 29B, where—

(a)

no maintenance calculation is in force with respect to the person with care or the non-resident parent;

(b)

an application for a maintenance calculation is made under section 4 or 7 of the Act; and

F2(c)

there is a maintenance order F3or, in Scotland, a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books, which—

(i)

is in force and was made on or after the date prescribed for the purposes of section 4(10)(a) of the Act;

(ii)

relates to the person with care, the non-resident parent and all the children to whom the application referred to in sub-paragraph (b) relates; and

(iii)

has been in force for at least one year prior to the date of the application referred to in sub-paragraph (b).

(2)

The effective date of the maintenance calculation shall be two months and two days after the application is made.

Annotations

Textual amendments

F1: Words in reg. 26(1) substituted (27.10.2008) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 5(3)
F2: Reg. 26(1)(c) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 1(3)(a), 6(4)
F3: Words in reg. 26(1)(c) inserted (4.7.2011) by The Child Support (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1464), regs. 1(1), 4