# The Child Support (Transitional Provisions) Regulations 2000, Regulation 27: Subsequent decision with effect in transitional period—amount payable


(1) Subject to paragraph (6), where during the transitional period there is a subsequent decision the effective date of which is after the case conversion date, the amount of child support maintenance payable shall be the subsequent decision amount unless any of the following paragraphs applies, in which case it shall be a transitional amount as provided for in those paragraphs.
(2) Where—
(a) the new amount was greater than the former assessment amount; and
(b) the subsequent decision amount is greater than the new amount,
the amount of child support maintenance payable shall be a transitional amount calculated as the transitional amount payable immediately before the subsequent decision (“the previous transitional amount") increased by the difference between the new amount and the subsequent decision amount and the phasing amounts shall apply to that transitional amount as they would have applied to the previous transitional amount had there been no subsequent decision.
(3) Where—
(a) paragraph (2)(a) applies; and
(b) the subsequent decision amount is equal to or less than the new amount,and greater than the previous transitional amount,
the amount of child support maintenance payable shall be the previous transitional amount and the phasing amounts shall apply as they would have applied had there been no subsequent decision.
(4) Where—
(a) the new amount was less than the former assessment amount; and
(b) the subsequent decision amount is less than the new amount,
the amount of child support maintenance payable shall be a transitional amount calculated as the previous transitional amount decreased by the difference between the new amount and the subsequent decision amount and the phasing amounts shall apply to that transitional amount as they would have applied to the previous transitional amount had there been no subsequent decision.
(5) Where—
(a) paragraph (4)(a) applies; and
(b) the subsequent decision amount is equal to or more than the new amount,and less than the previous transitional amount,
the amount of child support maintenance payable shall be the previous transitional amount and the phasing amounts shall apply as they would have applied had there been no subsequent decision.
(6) Paragraphs (2) to (5) shall not apply where the subsequent decision amount is the first or second prescribed amount , would be the first or the second prescribed amount but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Act, or is the nil rate.
(7) Where paragraph (1) applies and at the date of the subsequent decision there is more than one person with care in relation to the same non-resident parent—
(a) the amount payable to a person with care in respect of whom the amount payable is calculated by reference to a phasing amount shall be determined by applying paragraphs (1) to (5) as if references to the new amount, the subsequent decision amount and the transitional amount were to the apportioned part of the amount in question; and
(b) the amount payable in respect of any other person with care shall be the apportioned part of the subsequent decision amount.
(7A) This paragraph applies where—
(a) paragraph (1) applies and at the date of the subsequent decision there is more than one person with care in relation to the same non-resident parent; and
(b) as a result of the subsequent decision there is one person with care in relation to that non-resident parent.
(7B) Where paragraph (7A) applies, the amount payable to a person with care in respect of whom the amount payable is calculated by reference to a phasing amount shall be determined by applying paragraphs (1) to (5) as if references to—
(a) the new amount and the transitional amount were to the apportioned part of the amount in question which had been payable immediately prior to the subsequent decision to the person with care in respect of whom the subsequent decision is made; and
(b) the subsequent decision amount were to the full amount payable under the subsequent decision.
(8) In paragraph (7)and (7B), “apportioned part” 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, Parts III and IV of these Regulations.
(9) Where a subsequent decision is made in respect of a decision which is itself a subsequent decision, paragraphs (2) to (5) shall apply as if, except in paragraphs (2)(a) and (4)(a), references to the new amount were to the subsequent decision amount which applied immediately before the most recent subsequent decision.
(10) Subject to paragraph (11), where a subsequent decision (“decision B”) is made in respect of a decision which is itself a subsequent decision (“decision A”) and—
(a) decision B has the same effective date as decision A; or
(b) decision B—
(i) is a revision or alteration on appeal of decision A; and
(ii) includes within it a determination that the effective date of decision A was incorrect,
paragraphs (2) to (5) shall apply as if decision A had not been made. amount of decision B is compared with the new amount or the subsequent decision amount, as the case may be, which was in place immediately before decision A was made.
(11) In the circumstances set out in paragraph (10), paragraph (9) shall not apply where the decision in place before decision A was made was the decision which took effect from the case conversion date.

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Source: https://www.legislation.gov.uk/uksi/2000/3186/regulation/27 (the official version)
Page: https://openlegislation.uk/child-support-transitional-provisions-regulations-2000/regulation-27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.