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Regulation 42 Amendment of regulation 1 of the Maintenance Assessments and Special Cases RegulationsI1

England, Wales and Scotland

(1)

Regulation 1 of the Maintenance Assessments and Special Cases Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.

(2)

In paragraph (2)—

(a)

after the definition of “day to day care” there shall be inserted the following definition—

  • ““Departure Direction and Consequential Amendments Regulations” means the Child Support Departure Direction and Consequential Amendments Regulations 1996f1;”;

(b)

at the end of the definition of “employed earner” there shall be added the words “except that it shall include a person gainfully employed in Northern Ireland”;

(c)

in the definition of “occupational pension scheme”, for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “section 1 of the Pension Schemes Act 1993f2”;

(d)

at the end of the definition of “relevant week” there shall be added—

  • “except that where, under paragraph 15 of Schedule 1 to the Act, a child support officer makes separate maintenance assessments in respect of different periods in a particular case, because he is aware of one or more changes of circumstances which occurred after the date which is applicable to that case under paragraphs (a) to (f), the relevant week for the purposes of each separate maintenance assessment made to take account of each such change of circumstances, shall be the period of 7 days immediately preceding the date on which notification was given to the Secretary of State of the change of circumstances relevant to that separate maintenance assessment;”;

(e)

at the end of the definition of “self-employed earner” there shall be added the words “except that it shall include a person gainfully employed in Northern Ireland otherwise than in employed earner’s employment (whether or not he is also employed in such employment)”.

(3)

At the end of sub-paragraph (a) of paragraph (2A) there shall be added the words “and the amount of income to which each tax rate applies shall be determined on the basis that the ratio of that amount to the full amount of the income to which each tax rate applies is the same as the ratio of the proportionate part of that personal relief to the full personal relief”.

Annotations

Commencement

I1

Reg. 42 in force at 19.1.1998, see reg. 1(2)(4)

Footnotes

f1

S.I. 1996/2907.

f2

1993 c. 48.