Child Support (Maintenance Calculation Procedure) Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2001/157

2001 No. 157

FAMILY LAWCHILD SUPPORT

The Child Support (Maintenance Calculation Procedure) Regulations 2000

Made 18th January 2001

Coming into force in accordance with regulation 1(5)

Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 19911and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 3(3), 5(3), 12(4) and (5)(b), 46(2), (5), (8) and (10), 51, 52(4), 54 and 55 of, and paragraphs 11 and 14 of Schedule 1 to, the Child Support Act 19912and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1 GENERAL

PART I

GENERAL

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Support (Maintenance Calculation Procedure) Regulations 2000.

(2) In these Regulations, unless the context otherwise requires—

“the Act” means the Child Support Act 1991;

“date of notification to the non-resident parent” means the date on which the non-resident parent is first given notice of a maintenance application;

“effective application” means as provided for in regulation 3;

“date of receipt” means the date on which the information or document is actually received;

“effective date” means the date on which a maintenance calculation takes effect for the purposes of the Act;

“notice of a maintenance application” means notice by the Secretary of State under regulation 5(1) that an application for a maintenance calculation has been made, or treated as made, in relation to which the non-resident parent is named as a parent of the child to whom the application relates;

“Maintenance Calculations and Special Cases Regulations” means the Child Support (Maintenance Calculations and Special Cases) Regulations 20003;

“maintenance period” has the same meaning as in section 17(4A) of the Act4;

“relevant person” means—

(a) a person with care;

(b) a non-resident parent;

(c) a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations;

(d) where the application for a maintenance calculation is made by a child under section 7 of the Act, that child, in respect of whom a maintenance calculation has been applied for, or has been treated as applied for under section 6(3) of the Act, or is or has been in force.

(3) The provisions in Schedule 1 shall have effect to supplement the meaning of “child” in section 55 of the Act.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a)

(a) to a numbered Part is to the Part of these Regulations bearing that number;

(b)

(b) to a numbered Schedule is to the Schedule to these Regulations bearing that number;

(c)

(c) to a numbered regulation is to the regulation in these Regulations bearing that number;

(d)

(d) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number; and

(e)

(e) in 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.

S-2 Documents

Documents

2. Except where otherwise stated, where—

(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.

2 APPLICATIONS FOR A MAINTENANCE CALCULATION

PART II

APPLICATIONS FOR A MAINTENANCE CALCULATION

S-3 Applications under section 4 or 7 of the Act

Applications under section 4 or 7 of the Act

3.—(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.

S-4 Multiple applications

Multiple applications

4.—(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 application shall apply where no request is received for the Secretary of State to cease acting in relation to all but one of the applications.

(3) Where, under the provisions of paragraph 1, 2 or 3 of Schedule 2, two or more applications are to be treated as a single application, that application shall be treated as an application for a maintenance calculation to be made with respect to all of the qualifying children mentioned in the applications, and the effective date of that maintenance calculation shall be determined by reference to the earlier or earliest application.

S-5 Notice of an application for a maintenance calculation

Notice of an application for a maintenance calculation

5.—(1) Where an effective application has been made under section 4 or 7 of the Act, or is treated as made under section 6(3) of the Act, as the case may be, the Secretary of State shall as soon as is reasonably practicable notify, orally or in writing, the non-resident parent and any other relevant persons (other than the person who has made, or is treated as having made, the application) of that application and request such information as he may require to make the maintenance calculation in such form and manner as he may specify in the particular case.

(2) Where the person to whom notice is being given under paragraph (1) is a non-resident parent, that notice shall specify the effective date of the maintenance calculation if one is to be made, and the ability to make a default maintenance decision.

(3) Subject to paragraph (4), a person who has provided information under paragraph (1) may amend the information he has provided at any time before a maintenance calculation is made and such information need not be in writing unless, in any particular case, the Secretary of State requires it to be.

(4) No amendment under paragraph (3) shall relate to any change of circumstances arising after the effective date of any maintenance calculation made in response to the application in relation to which the information was requested.

S-6 Death of a qualifying child

Death of a qualifying child

6.—(1) Where the Secretary of State is informed of the death of a qualifying child with respect to whom an application for a maintenance calculation has been made or has been treated as made, he shall—

(a)

(a) proceed with the application as if it had not been made with respect to that child if he has not yet made a maintenance calculation;

(b)

(b) treat any maintenance calculation already made by him as not having been made if the relevant persons have not been notified of it and proceed with the application as if it had not been made with respect to that child.

(2) Where all of the qualifying children with respect to whom an application for a maintenance calculation has been made have died, and either the calculation has not been made or the relevant persons have not been notified of it, the Secretary of State shall treat the application as not having been made.

3 DEFAULT MAINTENANCE DECISIONS

PART III

DEFAULT MAINTENANCE DECISIONS

S-7 Default rate

Default rate

7.—(1) Where the Secretary of State makes a default maintenance decision under section 12(1) of the Act (insufficient information to make a maintenance calculation...

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