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Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992

Consolidated Text As Enacted Cited authorities 7 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1992/2644
Year1992
  • This Order may be cited as the Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992.
  • Subject to the following provisions of this Order, the date appointed for the coming into force of all the provisions of the Child Support Act 1991, in so far as they are not already in force, except sections 19(3) , 30(2) , 34(2) , 37(2) and (3) and 58(12) , is 5th April 1993.
  • The transitional provisions set out in the Schedule to this Order shall have effect.
    • In this Part of this Schedule—
    • “The Act” means the Child Support Act 1991;
    • “benefit” means income support, family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992, or any other benefit prescribed under section 6(1) of the Act (applications by parents receiving benefit) ;
    • “parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care; and
    • “transitional period” means the period beginning with 5th April 1993 and ending with 6th April 1997.
    notice of the application has been filed, in accordance with rules of court, before 5th April 1993;in the case of an application contained in a petition for divorce, nullity or judicial separation, or the answer to it, notice of intention to proceed with it was given, in the form required by rules of court, before 5th April 1993.there is in force a maintenance order or written maintenance agreement (being an agreement made before 5th April 1993) in respect of that qualifying child or those qualifying children and the absent parent; orbenefit is being paid to a parent with care of that child or those children.(3) Subject to paragraph 4 below, during the transitional period no application under section 7 of the Act (right of child in Scotland to apply for assessment) may be made by a qualifying child at any time when there is in force a maintenance order or written maintenance agreement (being an agreement made before 5th April 1993) in respect of that child and the absent parent.in that part of the transitional period beginning with 8th April 1996, if the surname of the person with care begins with any of the letters A to D inclusive;in that part of the transitional period beginning with 1st July 1996, if the surname of the person with care begins with any of the letters E to K inclusive;in that part of the transitional period beginning with 7th October 1996, if the surname of the person with care begins with any of the letters L to R inclusive; andin that part of the transitional period beginning with 6th January 1997, if the surname of the person with care begins with any of the letters S to Z inclusive.paragraph 2 or 3 above operates in a case so as to prevent an application being made under section 4 of the Act or, as the case may be, section 7 of the Act, and no application has been made under section 6 of the Act; oran application has been made under section 6 of the Act but no maintenance assessment has yet been made pursuant to that application,then in relation to that case—section 8(3) of the Act (role of the courts with respect to maintenance orders) shall be modified so as to have effect as if the word “vary” were omitted;in a case falling within sub-paragraph (a) above, section 9(3) of the Act shall not apply; andsection 9(5) of the Act shall be modified so as to have effect as if paragraph (b) were omitted.In a case where there is, at any time during the transitional period, pending before a court an application for a maintenance order or an application for an order varying a written maintenance agreement, section 8(3) or, as the case may be, section 9(5) (b) of the Act, shall not apply in relation to that case.(6) In this Part of this Schedule—“the Act” means the Child Support Act 1991;“formula amount” means the amount of child support maintenance that would, but for the provisions of this Part of this Schedule, be payable under an original assessment, or any fresh assessment made during the period specified in paragraph 8 F9by virtue of a revision under section 16 of the Act or a decision under section 17 of the Act superseding an earlier decision;“the Maintenance Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;“modified amount” means an amount which is £20 greater than the aggregate weekly amount which was payable under the orders, agreements or arrangements mentioned in paragraph 7(1) (a) below; and“original assessment” means a maintenance assessment made in respect of a qualifying child where no previous such assessment has been made or, where the assessment is made in respect of more than one child, where no previous such assessment has been made in respect of any of those children.

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