Child Support (Maintenance Assessment Procedure) Regulations 1992

JurisdictionUK Non-devolved
CitationSI 1992/1813
Year1992
(1) These Regulations may be cited as the Child Support (Maintenance Assessment Procedure) Regulations 1992 and shall come into force on 5th April 1993.the Secretary of State;a person providing services to the Secretary of State;a local authority;a person providing services to, or authorised to exercise any functions of, any such authority;F130“disability working allowance” means an award of disability working allowance under section 129 of the Social Security Contributions and Benefits Act 1992 which was awarded with effect from a date falling before 5th October 1999;“day to day care” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;“effective application” means any application that complies with the provisions of regulation 2;“effective date” means the date on which a maintenance assessment takes effect for the purposes of the Act;F146“family” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;F131“family credit” means an award of family credit under section 128 of the Social Security Contributions and Benefits Act 1992 which was awarded with effect from a date falling before 5th October 1999;F154income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007;“Income Support Regulations” means the Income Support (General) Regulations 1987 “Information, Evidence and Disclosure Regulations” means the Child Support (Information, Evidence and Disclosure) Regulations 1992 F43“the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996;F18Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992;“Maintenance Assessments and Special Cases Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 “maintenance period” has the meaning prescribed in regulation 33;“obligation imposed by section 6 of the Act” is to be construed in accordance with section 46(1) of the Act;F133“official error" means an error made by– an officer of the Department of Social Security acting as such which no person outside that Department caused or to which no person outside that Department materially contributed;F135a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed, but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of F172the Upper Tribunal or the court;“parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;“the parent concerned” means the parent with respect to whom a direction is given;F146“partner” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;“protected income level” has the same meaning as in paragraph 6(6) of Schedule 1 to the Act;“relevant benefit” means income support, F44income-based jobseeker’s allowance,F155income-related employment and support allowanceF132or an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999;“relevant person” means—a person with care;an absent parent;a parent who is treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations;where the application for an assessment is made by a child under section 7 of the Act, that child,(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) The provisions of Schedule 1 shall have effect to supplement the meaning of “child” in section 55 of the Act.(5) The provisions of these Regulations shall have general application to cases prescribed in regulations 19 to 26 of the Maintenance Assessments and Special Cases Regulations as cases to be treated as special cases for the purposes of the Act, and the terms “absent parent” and “person with care” shall be construed accordingly.any document is given or sent to the Secretary of State, that document shall, subject to paragraph (7) , be treated as having been so given or sent on the day it is received by the Secretary of State; andany document is given or sent to any F48other person, that document shall, if sent by post to that person’s last known or notified address, and subject to paragraph (8) , be treated as having been given

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