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Regulation 16 Conversion calculation and conversion decision

(1)

A conversion calculation by the Secretary of State shall be made—

(a)

in accordance with Part I of Schedule 1 to the Act;

F1(b)

taking into account the information used in accordance with regulation 3(2); and

(c)

taking into account any relevant departure direction or any relevant property transfer as provided in regulations 17 to F223A.

(2)

A conversion decision shall be treated for the purposes of any revision, supersession, appeal or application for a variation under sections 16, 17, 20 or 28G M1 of the Act, and Regulations made in connection with such matters, as a decision under section 11 of the Act M2 made with effect from the date of notification of that decision and, where a conversion decision has been made, the case shall for those purposes be treated as if there were a maintenance calculation in force.

F3(2A)

For the purposes of sections 29 to 41B of the Act and regulations made under or by virtue of those sections, a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.

F4(2B)

For the purposes of regulation 2 of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996 (interpretation for the purposes of section 74A of the Social Security Administration Act 1992), a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.

F5(2C)

For the purposes of regulations 9 and 10 of the Arrears, Interest and Adjustment Regulations, a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.

(3)

A F6conversion decision shall become a maintenance calculation when the transitional period ends or, if later, any relevant property transfer taken into account in F7the conversion calculation ceases to have effect.

Annotations

Textual amendments

F1

Reg. 16(1)(b) substituted (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 8(8)(a)

F2

Word in reg. 16(1)(c) substituted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(7)(a)

F3

Reg. 16(2A) inserted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(7)(b)

F4

Reg. 16(2B) inserted (3.3.2003) by The Child Support (Transitional Provision)(Miscellaneous Amendments) Regulations 2003 (S.I. 2003/347), regs. 1, 3

F5

16(2)C added (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 8(8)(b)

F6

Words in reg. 16(3) substituted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(7)(c)(i)

F7

Words in reg. 16(3) substituted (21.2.2003) by The Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/328), regs. 1(3)(a), 9(7)(c)(ii)

Marginal citations

M1

Section 28G is substituted by section 7 of the Child Support, Pensions and Social Security Act 2000.

M2

Section 11 is substituted by section 1 of the Child Support, Pensions and Social Security Act 2000.