Regulation 30 Transitional provision — effective dates ...F1F10I1

Where a maintenance assessment is, or has been, in force and an application to which regulation 28 applies is made, F3... that regulation shall apply as if in paragraph (1) references to –

Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (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 24(2) to (4).

The provisions of Schedule 3 shall apply where –

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

Where a maintenance assessment has been in force in relation to a non-resident parent, regulation 28B shall apply as if references to a maintenance calculation having been in force were to a maintenance assessment having been in force.

Where –

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.

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For the purposes of this regulation—

• F8“absent parent” has the same meaning given in Article 4(2) of the former Order;

• “assessment effective date” means the effective date of the maintenance assessment under regulation 29 or 32(7) of the Maintenance Assessment Procedure Regulations or regulation 3(4), (6) or (7) 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 29A of the Maintenance Assessment Procedure Regulations;

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

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

• “Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992^f1;

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

• “prescribed date” means the date prescribed for the purposes of Article 7(10)(a) of the Order; F9and

• “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.

In the application of the Maintenance 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 29 of those Regulations (effective dates of maintenance assessments)^f2—

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 Maintenance Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders)^f3 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.