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Regulation 15 Case conversion date

(1)

Subject to F1paragraphs (2) to (3G), the case conversion date is the beginning of the first maintenance period on or after the conversion date.

(2)

Where, on or after the commencement date, there is a maintenance assessment in force and a maintenance calculation is made to which paragraph (3) F2or (3A)applies, the case conversion date for the maintenance assessment F3is the beginning of the first maintenance period on or after the effective date of the related maintenance calculation.

F4(3)

This paragraph applies where the maintenance calculation is made with respect to a relevant person who is a relevant person in relation to the maintenance assessment whether or not with respect to a different qualifying child.

(3A)

This paragraph applies where the maintenance calculation is made in relation to a partner (“A”) of a person (“B”) who is a relevant person in relation to the maintenance assessment and—

(a)

A or B is in receipt of a prescribed benefit; and

(b)

F5A is the non-resident parent in relation to the maintenance calculation and B is the absent parent in relation to the maintenance assessment.

(3B)

The case conversion date of a conversion decision made where paragraph (3C) applies is the beginning of the first maintenance period on or after the date of notification of the conversion decision.

(3C)

This paragraph applies where on or after the commencement date—

(a)

there is a maintenance assessment in force;

(b)

an application is made F6... which, but for the maintenance assessment, would result in a maintenance calculation being made with an effective date before the conversion date;

(c)

the non-resident parent in relation to the application referred to in sub-paragraph (b) is the absent parent in relation to the maintenance assessment referred to in sub-paragraph (a); and

(d)

the person with care in relation to the application referred to in sub-paragraph (b) is a different person to the person with care in relation to the maintenance assessment referred to in sub-paragraph (a).

(3D)

The case conversion date of a conversion decision made where paragraph (3E) applies is the beginning of the first maintenance period on or after the date on which the superseding decision referred to in paragraph (3E)(d) takes effect.

(3E)

This paragraph applies where on or after the commencement date—

(a)

a maintenance assessment is in force in relation to a person (“C”) and a maintenance calculation is in force in relation to another person (“D”);

(b)

C or D is in receipt of a prescribed benefit;

(c)

either—

(i)

C is the absent parent in relation to the maintenance assessment and D is the non-resident parent in relation to the maintenance calculation; or

(ii)

C is the person with care in relation to the maintenance assessment and D is the person with care in relation to the maintenance calculation; and

(3F)

The case conversion date of a conversion decision made where paragraph (3G) applies is the beginning of the first maintenance period on or after the date from which entitlement to the prescribed benefit referred to in paragraph (3G)(c) begins.

(3G)

This paragraph applies where on or after the commencement date—

(a)

a person (“E”) in respect of whom a maintenance assessment is in force is the partner of another person (“F”) in respect of whom a maintenance calculation is in force;

(b)

either—

(i)

E is the absent parent in relation to the maintenance assessment and F is the non-resident parent in relation to the maintenance calculation; or

(ii)

E is the person with care in relation to the maintenance assessment and F is the person with care in relation to the maintenance calculation; and

(c)

E and F become entitled to a prescribed benefit as partners.

(4)

In F7this regulation—

  • F8“absent parent” has the meaning given in the former Act;

  • F9“maintenance assessment” has the meaning given in section 54 of the former Act;

  • “relevant person" means, in relation to a maintenance assessment, the absent parent,F10 ..., or person with care and, in relation to a maintenance calculation, the non-resident parent or person with care; and

  • “prescribed benefit" means a benefit prescribed for the purposes of paragraph 4(1)(c) of Part I of Schedule 1 to the Act.

Annotations

Textual amendments

F1

Words in reg. 15(1) substituted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(6)(a)

F2

Words in reg. 15(2) inserted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(6)(b)(i)

F3

Word in reg. 15(2) substituted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(6)(b)(ii)

F4

Reg. 15(3)-(3G) substituted for reg. 15(3) (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(6)(c)

F5

Reg. 15(3A)(b) substituted (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 7

F6

Words in reg. 15(3C)(b) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

F7

Words in reg. 15(4) substituted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(8)(a)

F8

Words in reg. 15(4) inserted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(6)(d)(i)

F9

Words in reg. 15(4) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(8)(b)

F10

Words in reg. 15(4) omitted (21.2.2003) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(6)(d)(ii)