Regulation 14 Amendment of regulation 42 of the Maintenance Assessment Procedure Regulations

Regulation 42 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.

In paragraph (1)–

In paragraph (2), after the words “a direction is in force” there shall be inserted the words “or some other person”.

After paragraph (2), there shall be inserted the following paragraphs–

“(2A)

Where a direction is in force and the Secretary of State becomes aware that a question arises as to whether the welfare of a child is likely to be affected by the direction continuing to be in force, he shall refer the matter to a child support officer who shall conduct a review to determine whether the direction is to continue or is to cease to be in force.

(2B)

Where a direction is in force and a child support officer becomes aware that a question arises as to whether the welfare of a child is likely to be affected by the direction continuing to be in force, a child support officer shall conduct a review to determine whether the direction is to continue or is to cease to be in force.”.

In paragraphs (5) and (6), for the words “the parent concerned gave the reasons specified in paragraph (1)” there shall be substituted the words “the reasons specified in paragraph (1) were given”.

Paragraph (7) shall be omitted.

For paragraph (9) there shall be substituted the following paragraphs–

“(9)

A parent with care who is aggrieved by a decision of a child support officer following a review may appeal to a child support appeal tribunal against that decision.

(10)

Sections 20(2) to (4) and 21 of the Act shall apply in relation to appeals under paragraph (9) as they apply in relation to appeals under section 20 of the Act.

(11)

A notification under paragraph (8) shall include information as to the provisions of paragraphs (9) and (10).”.