The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014

JurisdictionUK Non-devolved
CitationSI 2014/614
(1) These Regulations may be cited as the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 and come into force on the day on which section 19 (transfer of cases to new rules) of the Child Maintenance and Other Payments Act 2008 comes into force for all purposes.(2) In these Regulations—
  • the 1991 Act” means the Child Support Act 1991 ;
  • the 1992 Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
  • the 2008 Act” means the Child Maintenance and Other Payments Act 2008;
  • absent parent” has the meaning given in section 3(2) (meaning of certain terms) of the 1991 Act ;
  • liability end date” has the meaning given in regulation 6;
  • non-resident parent” has the meaning given in section 3(2) of the 1991 Act ;
  • person with care” has the meaning given in section 3(3) of the 1991 Act;
  • partner” has the meaning given in paragraph 10C(4) (references to various terms) of Schedule 1 (maintenance calculations) to the 1991 Act ;
  • prescribed benefit” means a benefit prescribed by regulations made under paragraph 4(1) (c) (flat rate) of Schedule 1 to the 1991 Act;
  • qualifying child” has the meaning given in section 3(1) of the 1991 Act ;
  • the scheme” means the scheme prepared by the Secretary of State under regulation 3(1) ;
  • transition period” has the meaning given in regulation 3(2) F15and (3) .
the non-resident parent in relation to that application is also the non-resident parent or absent parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case; orthe non-resident parent in relation to that application is a partner of a non-resident parent or absent parent and either or both are in receipt of a prescribed benefit.
  • the absent parent or the non-resident parent;
  • the person with care; and
  • in the case of an application made by a qualifying child under section 7(1) of the 1991 Act
  • (1) The power under paragraph 1(1) of Schedule 5 to the 2008 Act (power to require the parties to an existing case to choose whether or not to stay in the statutory scheme) must be exercised in accordance with a scheme prepared by the Secretary of State.(2) The transition period during which the power in paragraph 1(1) of Schedule 5 to the 2008 Act may be exercised shall begin on the day on which these Regulations come into force.(3) The scheme prepared by the Secretary of State shall state the date on which the transition period ends.(4) The scheme may be revised from time to time by the Secretary of State.(1) The scheme prepared by the Secretary of State must make provision for the exercise of the power in paragraph 1(1) of Schedule 5 to the 2008 Act in stages, applying the principles in paragraphs (2) to (4) .(2) Where an application is made under section 4(1) or 7(1) of the 1991 Act during the transition period the power is to be exercised in relation to any existing case that is related to that application.(3) The power is not to be exercised in relation to an existing case where the youngest, or only, qualifying child will have reached the age of 20 before the end of the transition period unless that case is related to an application referred to under paragraph (2) .the nil rate is payable under regulation 26 (cases where child support maintenance is not to be payable) of the 1992 Regulations regulation 28 (amount payable where absent parent is in receipt of income support or other prescribed benefit) of the 1992 Regulations the nil rate is payable under regulation 5 (nil rate) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (1) The right to make a choice required under paragraph 1(1) of Schedule 5 to the 2008 Act must be exercised in accordance with this regulation.(2) An interested party must make a choice following receipt of written notice given by the Secretary of State.

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