Regulation 9A Adjustment of the amount of child support maintenance payableF1

(1)

Subject to paragraph (2), where—

(a)

there has been an overpayment of child support maintenance under a maintenance assessment; and

(b)

the amount payable under that maintenance assessment has been adjusted under regulation 10 of the Arrears, Interest and Adjustment Regulations as it applies to a maintenance assessment,

that adjustment shall apply to the new amount or the transitional amount in the conversion decision, as the case may be, if—

(i)

the overpayment remains on the case conversion date; and

(ii)

the Secretary of State considers it appropriate in all the circumstances of the case having regard to the matters set out in regulation 10(1)(b) of the Arrears, Interest and Adjustment Regulations as it applies to a conversion decision.

(2)

Where the conversion decision relates to more than one parent with care, the adjustment of the amount payable under a maintenance assessment which applies to the new amount or the transitional amount, as the case may be, in accordance with paragraph (1) shall only apply in respect of the apportioned amount payable to the parent with care in relation to whom the maintenance assessment subject to the adjustment was made.

(3)

In paragraph (2) the “apportioned amount” shall have the meaning given in regulation 11(4).

Annotations

Textual amendments

F1: Regs. 9A-9B inserted (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 8(7)