Regulation 28 Linking provisions

F1Subject to paragraph (2A), where, after the commencement date but before the conversion date, an application for a maintenance calculation is made F2...and within the relevant period a maintenance assessment was in force in relation to the same qualifying child, non-resident parent and person with care—

Subject to paragraph (2A), where, after the conversion date, an application for a maintenance calculation is made F3..., and within the relevant period a maintenance assessment (“the previous assessment") had been in force in relation to the same qualifying child, non-resident parent and person with care but had ceased to have effect—

Paragraph (1) or (2) shall not apply where, before any application for a maintenance calculation of a type referred to in paragraph (1) or (2) is made F5..., an application for a maintenance calculation is made or treated as made in relation to either the person with care or the non-resident parent (but not both of them) to whom the maintenance assessment referred to in paragraph (1) or (2) related.

For the purposes of paragraphs (1) and (2) “the relevant period" means 13 weeks prior to the date that the application for the maintenance calculation is made F6....

This paragraph applies where—

F9Subject to paragraph (5A), where paragraph (4) applies the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the second subsequent decision shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision and, where appropriate, applying a phasing amount, as if the first subsequent decision had not occurred.

Paragraph (5) shall not apply where, before any second subsequent decision is made, an application for a maintenance calculation is made F11... in relation to either the person with care or the non-resident parent (but not both of them) to whom the first subsequent decision referred to in paragraph (4) related.

This paragraph applies where during the transitional period a F12conversion decision ceases to have effect.

F13Subject to paragraph (7A), where paragraph (6) applies and no later than 13 weeks after the F14conversion decision ceases to have effect F15an application for a maintenance calculation is made, F16..., in relation to the same person with care, non-resident parent and qualifying child, the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the new maintenance calculation shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision in relation to the conversion decision as if it had not ceased to have effect, and applying a phasing amount where appropriate.

Paragraph (7) shall not apply where, before an application for a maintenance calculation of a type referred to in that paragraph is made F18..., an application for a maintenance calculation is made ... in relation to either the person with care or the non-resident parent (but not both of them) to whom the F19conversion decision referred to in that paragraph related.

F20Subject to paragraph (9), where—

the subsequent decision amount shall be calculated by making a subsequent decision in relation to the previous assessment as if the assessment were in force, and applying a phasing amount where appropriate.

Paragraph (8) shall not apply where, before a subsequent decision of a type referred to in paragraph (8)(b) is made, an application for a maintenance calculation is made F24... in relation to the person with care or the non-resident parent (but not both of them) to whom the calculation relates.