Regulation 4 Staging under the scheme

(1)

The scheme prepared by the Secretary of State must make provision for the exercise of the power in paragraph 1(1) of Schedule 5 to the 2008 Act in stages, applying the principles in paragraphs (2) to (4).

(2)

Where an application is made under section 4(1) or 7(1) of the 1991 Act during the transition period the power is to be exercised in relation to any existing case that is related to that application.

(3)

The power is not to be exercised in relation to an existing case where the youngest, or only, qualifying child will have reached the age of 20 before the end of the transition period unless that case is related to an application referred to under paragraph (2).

(4)

Cases other than those to which either paragraphs (2) or (3) apply, are to be selected in tranches and, in making that selection priority may be given to cases where—

(a)

the nil rate is payable under regulation 26 (cases where child support maintenance is not to be payable) of the 1992 Regulations^f1;

(b)

regulation 28 (amount payable where absent parent is in receipt of income support or other prescribed benefit) of the 1992 Regulations^f2 applies;

(c)

the nil rate is payable under regulation 5 (nil rate) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000^f3.

Annotations

Footnotes

f1: Regulation 26 was amended by S.I. 1995/1045 and 1998/58 and was partially revoked by S.I. 2001/155 and revoked with savings by 2012/2785.
f2: Regulation 28 was amended by S.I. 1993/913, 1993/925, 1996/1345, 1998/58 and was partially revoked by S.I. 2001/155 and revoked with savings by 2012/2785.
f3: S.I. 2001/155. Regulation 5 was amended by S.I. 2003/2779, 2004/2415, 2008/1554, 2009/396, 2012/2785 and 2013/630.