Regulation 7 Effect of an application exercising the choice to remain in the statutory scheme

The 1991 Act and regulations made under that Act apply in relation to an application under regulation 5(5) as if it were an application made under section 4(1) or section 7(1) of that Act.

Subject to paragraph (3), the 1991 Act and regulations made under that Act apply in relation to a maintenance calculation made in response to an application under regulation 5(5) as if it were a maintenance calculation made in response to an application made under section 4(1) or section 7(1) of that Act.

Where an application under regulation 5(5) is made, the maintenance calculation made in response to that application is to be calculated by reference to the information applicable at the date the absent parent or non-resident parent is notified of that application but takes effect from the day after the liability end date.

Where an application under regulation 5(5) is made in any given case, in sections 31 (deduction from earnings orders) and 32A (orders for regular deductions from accounts) of the 1991 Act, references to “the maintenance calculation in question” and “the calculation” (or “the maintenance assessment in question” or “assessment” where applicable) apply in relation to that particular case to the maintenance calculation made in response to that application as though it were a continuation of the maintenance calculation (or maintenance assessment) for which liability ceased to accrue in accordance with regulation 6^f1.