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Regulation 29 Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability

Original text. Later amendments are not shown.

(1)

This regulation applies where a variation has been agreed to in relation to a maintenance calculation.

(2)

In the circumstances set out in paragraph (3), the Secretary of State may take account of the effect of such a variation upon the rate of liability for child support maintenance notwithstanding the fact that an application has not been made.

(3)

The circumstances are—

(a)

that the decision as to the maintenance calculation is superseded under section 17 of the Act on a change of circumstances so that the non-resident parent becomes liable to pay child support maintenance at the nil rate, or another rate which means that the variation cannot be taken into account; and

(b)

that the superseding decision referred to in sub-paragraph (a) is itself superseded under section 17 of the Act on a change of circumstances so that the non-resident parent becomes liable to pay a rate of child support maintenance which can be adjusted to take account of the variation.