Child Support (Maintenance Calculation Procedure) Regulations 2000
| Jurisdiction | UK Non-devolved |
(1) These Regulations may be cited as the Child Support (Maintenance Calculation Procedure) Regulations 2000.(2) In these Regulations, unless the context otherwise requires—(3) The provisions in Schedule 1 shall have effect to supplement the meaning of “child” in section 55 of the Act.to a numbered Part is to the Part of these Regulations bearing that number;to a numbered Schedule is to the Schedule to these Regulations bearing that number;to a numbered regulation is to the regulation in these Regulations bearing that number;in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number; andin a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.(5) These Regulations shall come into force in relation to a particular case on the day on which the amendments to sections 5, 6, 12, 46, 51, 54 and 55 of the Act made by the Child Support, Pensions and Social Security Act 2000 come into force in relation to that type of case.(a) any document is given or sent to the Secretary of State, that document shall be treated as having been so given or sent on the day that it is received by the Secretary of State; and(b) any document is given or sent to any other person, that document shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the day that it is posted.(1) A person who applies for a maintenance calculation under section 4 or 7 of the Act need not normally do so in writing, but if the Secretary of State directs that the application be made in writing, the application shall be made either by completing and returning, in accordance with the Secretary of State’s instructions, a form provided for that purpose, or in such other written form as the Secretary of State may accept as sufficient in the circumstances of any particular case.(2) An application for a maintenance calculation is effective if it complies with paragraph (1) and, subject to paragraph (4) , is made on the date it is received.(3) Where an application for a maintenance calculation is not effective the Secretary of State may request the person making the application to provide such additional information or evidence as the Secretary of State may specify and, where the application was made on a form, the Secretary of State may request that the information or evidence be provided on a fresh form.(4) Where the additional information or evidence requested is received by the Secretary of State within 14 days of the date of his request, or at a later date in circumstances where the Secretary of State is satisfied that the delay was unavoidable, he shall treat the application as made on the date on which the earlier or earliest application would have been treated as made had it been effective.(5) Where the Secretary of State receives the additional information or evidence requested by him more than 14 days from the date of the request and in circumstances where he is not satisfied that the delay was unavoidable, the Secretary of State shall treat the application as made on the date of receipt of the information or evidence.(6) Subject to paragraph (7) , a person who has made an effective application may amend or withdraw the application at any time before a maintenance calculation is made and such amendment or withdrawal need not be in writing unless, in any particular case, the Secretary of State requires it to be.(7) No amendment made under paragraph (6) shall relate to any change of circumstances arising after the effective date of a maintenance calculation resulting from an effective application.(1) The provisions of Schedule 2 shall apply in cases where there is more than one application for a maintenance calculation.(2) The provisions of paragraphs 1, 2 and 3 of Schedule 2 relating to the treatment of two or more applications as a single
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