Regulation 11 Transitional amount—basic, reduced and most flat rate cases
Subject to F1paragraphs (2) and (3) and regulation 25, in cases to which regulation 10 applies the transitional amount is the former assessment amount decreased, where that amount is greater than the new amount, or increased, where the latter amount is the greater, by the phasing amount.
Subject to paragraph (3), where regulation 10 applies and there is at the calculation date more than one maintenance assessment in relation to the same absent parent, which has the meaning given in the former Act, the amount of child support maintenance payable from the case conversion date in respect of each person with care shall be determined by applying regulation 10 and paragraph (1) as if—
the references to the new amount were to the apportioned amount payable in respect of the person with care; and
the references to the former assessment amount were to that amount in respect of that person with care.
Where regulation 10 applies and a conversion decision is made in a circumstance to which regulation 15(3C) applies, the amount of child support maintenance payable from the case conversion date—
to a person with care in respect of whom an application for a maintenance calculation has been made F3... which is of a type referred to in regulation 15(3C)(b), shall be the apportioned amount payable in respect of that person with care; and
in respect of any other person with care, shall be determined by applying regulation 10 and paragraph (1) as if the references to the new amount were to the apportioned amount payable in respect of that person with care and the references to the former assessment amount were to that amount in respect of that person with care.
In this regulation, “apportioned amount” means the amount payable in respect of a person with care calculated as provided in Part I of Schedule 1 to the Act and Regulations made under that Part and, where applicable, regulations 17 to 23 and Part IV of these Regulations.
Annotations
Textual amendments
- F1
Words in reg. 11(1) substituted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(5)(a)
- F2
Reg. 11(2)-(4) substituted for reg. 11(2) (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(5)(b)
- F3
Words in reg. 11(3)(a) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6