Child Support (Miscellaneous Amendments) Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/913 |
1993 No. 913
FAMILY LAWCHILD SUPPORT
The Child Support (Miscellaneous Amendments) Regulations 1993
Made 29th March 1993
Coming into force 5th April 1993
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 by sections 3(3)(c), 12(2) and (3), 14(3), 16(1), 17(6)(b), 18(11), 30, 32, 34, 41(3), 42, 43, 51, 52(4), 54 and 55(3) of, and paragraphs 5(1) and (2), 14(b) and 16(5) and (11) of Schedule 1 to, the Child Support Act 19912and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations, which may be cited as the Child Support (Miscellaneous Amendments) Regulations 1993, shall come into force on 5th April 1993 immediately after the regulations which they amend come into force.
(2) In these Regulations–
“Arrears, Interest and Adjustment of Maintenance Assessments Regulations” means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 19923;
“Collection and Enforcement of Other Forms of Maintenance Regulations” means the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations 19924;
“Collection and Enforcement Regulations” means the Child Support (Collection and Enforcement) Regulations 19925;
“Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 19926;
“Maintenance Assessments and Special Cases Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 19927;
“Maintenance Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 19928.
Amendment of regulation 5 of the Maintenance Assessment Procedure Regulations
2.—(1) Regulation 5 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) for the word “Where” there shall be substituted the words “Subject to paragraph (2A), where”.
(3) In paragraph (2) after the word “shall” there shall be inserted the words “, subject to paragraph (2A),”.
(4) After paragraph (2) there shall be inserted the following paragraph–
“2A The provisions of paragraphs (1) and (2) shall not apply where the Secretary of State is satisfied that an application for a maintenance assessment can be dealt with in the absence of a completed and returned maintenance enquiry form.”.
Amendment of regulation 8 of the Maintenance Assessment Procedure Regulations
3.—(1) Regulation 8 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
(2) After paragraph (1) there shall be inserted the following paragraphs–
“1A There shall be two categories of interim maintenance assessment, Category A interim maintenance assessments and Category B interim maintenance assess ments. (1B) An interim maintenance assessment made by a child support officer shall be–
(a) a Category A interim maintenance assessment, where the information that is required by him as to the income of the absent parent to enable him to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act has not been provided by that absent parent, and that parent has that information in his possession or can reasonably be expected to acquire it;
(b) a Category B interim maintenance assessment, where the information that is required by him as to the income of the partner or other member of the family of the absent parent or parent with care to enable him to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act has not been provided by that partner or other member of the family, and that partner or other member of the family has that information in his possession or can reasonably be expected to acquire it.”.
(3) In paragraph (2)–
(a)
(a) for the word “an” there shall be substituted the words “a Category A”; and
(b)
(b) after the words “not apply to” there shall be inserted the words “Category A”.
(4) After paragraph (2) there shall be inserted the following paragraphs–
“2A The amount of child support maintenance fixed by a Category B interim maintenance assessment shall be determined in accordance with paragraphs (2B) and (2C).
2B Where a child support officer is unable to determine the exempt income–
(a) of an absent parent under regulation 9 of the Maintenance Assessments and Special Cases Regulations because he is unable to determine whether regulation 9(2) of those Regulations applies;
(b) of a parent with care under regulation 10 of those Regulations because he is unable to determine whether regulation 9(2) of those Regulations, as modified by and applied by regulation 10 of those Regulations applies,
the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that–
(i) in a case falling within sub-paragraph (a), regulation 9(2) of those Regulations does apply;
(ii) in a case falling within sub-paragraph (b), regulation 9(2) of those Regulations as modified by and applied by regulation 10 of those Regulations does apply.
2C Where the disposable income of an absent parent would, without taking account of the income of any member of his family, bring him within the provisions of paragraph 6 of Schedule 1 to the Act (protected income), and a child support officer is unable to ascertain the disposable income of the other members of his family, the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that the provisions of paragraph 6 of Schedule 1 to the Act do not apply to the absent parent.”.
(5) In paragraph (11) for the word “an” there shall be substituted the words “a Category A”.
(6) In paragraph (12) after the words “not apply to” there shall be inserted the words “Category A”.
(7) After paragraph (12) there shall be added the following paragraph–
“13 In this regulation “family” and “partner” have the same meanings as in the Maintenance Assessments and Special Cases Regulations.”.
Amendment of regulation 9 of the Maintenance Assessment Procedure Regulations
4.—(1) Regulation 9 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1), for the words “an interim maintenance assessment” there shall be substituted the words “a Category A interim maintenance assessment”.
(3) In paragraph (8) after the words “Regulations 10, 11” there shall be inserted the words “, 24”.
Amendment of regulation 12 of the Maintenance Assessment Procedure Regulations
5.—(1) Regulation 12 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1)–
(a)
(a) for the words “section 17 or” where they first occur there shall be substituted the words “section 17 of the Act or to make an assessment or a fresh assessment following a review under section”.
(b)
(b) for the comma at the end of sub-paragraph (c) there shall be substituted a semi- colon, and after sub-paragraph (c) there shall be inserted the following sub- paragraph–
“(d)
“(d) where there is a refusal to make an assessment following a review under section 18 of the Act, the applicant,”.
(3) In paragraph (2), for the full stop at the end of sub-paragraph (c) there shall be substituted a semi-colon, and after sub-paragraph (c) there shall be added the following sub-paragraph–
“(d)
“(d) where there is a refusal to make an assessment following a review under section 18 of the Act, section 20 of the Act.”.
Amendment of regulation 16 of the Maintenance Assessment Procedure Regulations
6. In paragraph (a) of regulation 16 of the Maintenance Assessment Procedure Regulations, for the words “over the age of 12” there shall be substituted the words “who have attained the age of 12 years”.
Amendment of regulation 17 of the Maintenance Assessment Procedure Regulations
7.—(1) Regulation 17 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
(2) For paragraphs (1) and (2) there shall be substituted the following paragraphs–
“1 Subject to regulation 18(1), where a maintenance assessment in force is–
(a) an assessment that has not been previously reviewed;
(b) a fresh assessment following an earlier review under section 16 of the Act; or
(c) a fresh assessment following a review under section 17 of the Act,
that assessment shall be reviewed by a child support officer under section 16 of the Act after it has been in force for a period of 52 weeks.
2 Where a maintenance assessment in force is a fresh assessment following a review under section 18 or 19 of the Act, that assessment shall be reviewed by a child support officer under section 16 of the Act after it has been in force for a period of 52 weeks less the period between the effective date of the previous...
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