Regulation 7 Scope of this Part
Subject to paragraph (2) below, this Part of these Regulations applies to cases where—
on 4th April 1993, and at all times thereafter until the date when a maintenance assessment was or is made under the Act, there was in force, in respect of one or more of the qualifying children in respect of whom an application for a maintenance assessment was or is made under the Act and the absent parent concerned, one or more—
maintenance orders;
orders under section 151 of the Army Act 1955 M1 (deductions from pay for maintenance of wife or child) or section 151 of the Air Force Act 1955 M2 (deduction from pay for maintenance of wife or child) or arrangements corresponding to such an order and made under Article 1(b) or 3 of the Naval and Marine Pay and Pensions (Deductions for Maintenance) Order 1959 M3; or
maintenance agreements (being agreements which are made or evidenced in writing); and
the absent parent was on the relevant date and continues to be a member of a family, as defined in regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M4, which includes one or more children;
the formula amount exceeds the old amount.
Nothing in this Part of these Regulations applies to—
a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act which is made following a Category A or Category D interim maintenance assessment within the meaning of regulation 8 of the Procedure Regulations where that Category A or Category D interim maintenance assessment is made after 22nd January 1996.
In sub-paragraph (1)(b) above “the relevant date” means—
in an existing case, the date these Regulations come into force;
in a new case, the effective date of the maintenance assessment in that case; and
in a pending case, the effective date of the maintenance assessment in that case or the date on which these Regulations come into force, whichever is the later.
Annotations
Textual amendments
- F1
Words in reg. 7(2) inserted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 60
- F2
Words in reg. 7(2)(a) substituted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 51(2)
- F3
Word in reg. 7(2)(a) omitted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 51(2)
- F4
Word in reg. 7(2)(b) inserted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 51(3)
- F5
Reg. 7(2)(c) added (22.1.1996) by S.I. 1995/3261, reg. 1(2), 51(4)
Marginal citations
- M1
3 & 4 Eliz.2 c.18.
- M2
3 & 4 Eliz.2 c.19.
- M3
This Order in Council is not a statutory instrument but copies may be obtained from the Ministry of Defence, Naval Pay (Pensions and Conditions of Service) Branch, Old Admiralty Building, Spring Gardens, London, SW1A 2BE.
- M4
S.I.1992/1815.The relevant amending instrument is S.I.1993/913.
- M5
Regulation 8(1B) was inserted by regulation 3(2) of S.I.1993/913.
- M6
S.I.1992/2644.The relevant amending instrument is S.I.1993/996.