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Regulation 31 Transitional provision—effective dates ...F10

England, Wales and Scotland

F1(1)

Where a maintenance assessment is, or has been, in force and an application to which regulation 29 applies is made, F2... that regulation shall apply as if in paragraph (1) references to—

(a)

a maintenance calculation in force were to a maintenance assessment in force;

(b)

a maintenance calculation having been in force were to a maintenance assessment having been in force; and

(c)

a non-resident parent in sub-paragraph (a), the first time it occurs in sub-paragraph (b) F3, in sub-paragraph (c)(iii) and the first time it occurs in sub-paragraph (d), were to an absent parent.

(1A)

Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations 2000 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 25(2) to (4).

(1B)

The provisions of Schedule 3 shall apply where—

(a)

an effective application for a maintenance assessment has been made under the former Act (“an assessment application”); and

(b)

an effective application for a maintenance calculation is made F4... (“a calculation application”).

(1C)

Where the provisions of Schedule 3 apply and, by virtue of regulation 4(3) of the Assessment Procedure Regulations, the relevant date would be—

(a)

before the prescribed date, the application to be proceeded with shall be treated as an application for a maintenance assessment;

(b)

on or after the prescribed date, that application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.

(F51D)

Where a maintenance assessment has been in force in relation to a non-resident parent, regulation 29B shall apply as if references to a maintenance calculation having been in force were to a maintenance assessment having been in force.

(2)

Where—

(a)

an application for a maintenance assessment was made before the prescribed date; and

(b)

the assessment effective date of that application would be on or after the prescribed date,

the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.

F6(3)

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(4)

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(5)

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(6)

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(7)

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(8)

For the purposes of this regulation—

(a)
  • "2000 Act" means the Child Support, Pensions and Social Security Act 2000;

  • F7“absent parent” has the meaning given in section 3(2) of the former Act;

  • “assessment effective date” means the effective date of the maintenance assessment under regulation 30 or 33(7) of the Assessment Procedure Regulations or regulation 3(5), (7) or (8) of the Maintenance Arrangements and Jurisdiction Regulations, whichever applied to the maintenance assessment in question or would have applied had the effective date not been determined under regulation 8C or 30A of the Assessment Procedure Regulations;

  • “Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992f1;

  • “commencement date” means with respect to a particular case the date these Regulations come into force with respect to that type of case;

  • “former Act” means the Act before its amendment by the 2000 Act;

  • “Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992f2;

  • “maintenance assessment” has the meaning given in the former Act; and

  • “prescribed date” means the date prescribed for the purposes of section 4(10)(a) of the Act; F8and

  • “relevant date” means the date which would be the assessment effective date of the application which is to be proceeded with in accordance with Schedule 3, if a maintenance assessment were to be made.

F9(b)

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(c)

in the application of the Assessment Procedure Regulations for the purposes of paragraph (4) where, on or after the prescribed date, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, the Regulations shall be applied as if references in regulation 30—

(i)

to the date when the maintenance enquiry form was given or sent to the absent parent were to the date of notification to the non-resident parent;

(ii)

to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were to the provision of this information by the non-resident parent; and

(d)

in the application of the Maintenance Arrangements and Jurisdiction Regulations for the purposes of paragraph (4), where, on or after the prescribed date no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(8) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent were a reference to the date of notification to the non-resident parent.

Annotations

Textual amendments

F1

Reg. 31(1)-(2) substituted for reg. 31(1)(2) (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 7(7)(a)

F2

Words in reg. 31(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 9(10)(b)

F3

Words in reg. 31(1)(c) substituted (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 6(3)

F4

Words in reg. 31(1B)(b) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 9(10)(c)

F5

Reg. 31(1D) inserted (27.10.2008) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 5(7)

F6

Reg. 31(3)-(7) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 9(10)(d)

F7

Words in reg. 31(8)(a) inserted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 7(7)(c)(i)

F8

Words in reg. 31(8)(a) added (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 7(7)(c)(ii)

F9

Reg. 31(8)(b) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 9(10)(d)

F10

Words in reg. 31 heading omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 9(10)(a)

Footnotes

f1

S.I. 1992/1813.

f2

S.I. 1992/2645.