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The Child Support (Transitional Provisions) Regulations 2000

Type Statutory-Instrument
Publication 2000-12-04
Last updated 2008-10-27
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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  • (ii) orders under section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child) or section 151 of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) or arrangements corresponding to such an order and made under Article 1 or 3 of the Naval and Marine Pay and Pensions (Deductions for Maintenance) Order 1959 ; or
  • (iii) maintenance agreements (being agreements which are made or evidenced in writing);
  • (b) either—
  • (i) the non-resident parent was on the effective date of the maintenance calculation and continues to be a member of a family, as defined in regulation 1 of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 which includes one or more children; or
  • (ii) the amount of child support maintenance payable under the maintenance calculation referred to in paragraph (a) is a basic or reduced rate under paragraph 7 of Part I of Schedule 1 to the Act (shared care—basic and reduced rate); and
  • (c) the calculation amount exceeds the old amount.

Amount payable during the transitional period

31

  • (1) In a case to which this Part applies, the amount of child support maintenance payable under a maintenance calculation during the transitional period shall, instead of being the calculation amount, be the transitional amount.
  • (2) The transitional amount is—
  • (a) during the first 26 weeks of the transitional period, the old amount plus either 25 per cent of the excess or £20.00, whichever is the greater;
  • (b) during the next 26 weeks of the transitional period, the old amount plus either 50 per cent of the excess or £40.00, whichever is the greater; and
  • (c) during the last 26 weeks of the transitional period, the old amount plus either 75 per cent of the excess or £60.00, whichever is the greater.
  • (3) If in any case the application of the provisions of this Part would result in an amount of child support maintenance becoming payable which is greater than the calculation amount, then those provisions shall not apply or, as the case may be, shall cease to apply to that case and the amount of child support maintenance payable in that case shall be the calculation amount.

Revision and supersession

32

  • (1) Where the Secretary of State makes a subsequent decision in relation to a maintenance calculation to which regulation 31(1) applies, the amount of child support maintenance payable by the non-resident parent shall be—
  • (a) where the subsequent decision amount is more than the calculation amount, the transitional amount plus the difference between the calculation amount and the subsequent decision amount;
  • (b) where the subsequent decision amount is less than the calculation amount but more than the transitional amount, the transitional amount; or
  • (c) where the subsequent decision amount is less than the calculation amount and less than or equal to the transitional amount, the subsequent decision amount.
  • (2) Regulation 31(2) shall apply to cases where there has been a subsequent decision as if references to the transitional amount were to the amount resulting from the application of paragraph (1).

PART V — SAVINGS

Saving in relation to revision of or appeal against a conversion or subsequent decision

33

  • (1) This regulation applies where—
  • (a) a conversion decision has been made under regulation 3, or a subsequent decision has been made under regulation 4, in each case where regulation 15(2), (3B), (3D) or (3F) applies; and
  • (b) in relation to the decision referred to in paragraph (a)—
  • (i) a revised decision is made under regulation 3A(1)(e) of the Decisions and Appeals Regulations; or
  • (ii) an appeal tribunal makes a decision that the conversion decision or subsequent decision was made in error,

on the ground that regulation 15(2), (3B), (3D) or (3F) as the case may be did not apply.

  • (2) The provisions of the former Act and Regulations made under that Act prior to any amendments or revocations made pursuant to or in consequence of the 2000 Act shall apply, until the effective date of a further conversion decision in relation to the maintenance assessment, for the purposes of that maintenance assessment as if the decision referred to in paragraph (1)(a) had not been made, subject to any revision, supersession or appeal having effect between the dates of the decisions in paragraph 1(a) and (b) which would have affected the maintenance assessment during that period but for the decision referred to paragraph 1(a).

Signed

Signed by authority of the Secretary of State for Social Security

Jeff Rooker — Minister of State — Department of Social Security

Explanatory note

(This note is not part of the Regulations)

Footnotes

1

1991 c. 48. Sections 16 and 17 were substituted by sections 40 and 41 respectively of the Social Security Act 1998 c. 14 and sections 16, 17 and 52 are amended by sections 8, 9 and 25 respectively of the Child Support, Pensions and Social Security Act 2000 c. 19. Sections 51 and 54 are amended by paragraphs 11(19) and (20) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000. Section 54 is cited because of the meaning ascribed to the word “prescribed”.

2

S.I. 1992/1815. The Regulations are revoked by the Child Support (Maintenance Calculations and Special Cases) Regulations S.I. 2000/ .

3

S.I. 1992/1813. The Regulations are revoked by the Child Support (Maintenance Calculation Procedure) Regulations S.I. 2000/ .

4

Section 4(10)(a) is amended by section 2(2) of the Child Support, Pensions and Social Security Act 2000.

5

S.I. 1999/991. The relevant amending instruments are S.I. 2000/1596 and S.I. 2000/3185.

6

S.I. 1996/2907. The Regulations are revoked by the Child Support (Variations) Regulations S.I. 2000/ .

7

S.I. 1992/2645. The Regulations are amended by S.I. 2000/ .

8

S.I. 2000/.

9

S.I. 2000/.

10

Regulation 33 was amended by S.I. 1995/3261, 1996/1945 and 1999/1047.

11

S.I. 2000/.

12

Section 28G is substituted by section 7 of the Child Support, Pensions and Social Security Act 2000.

13

Section 11 is substituted by section 1 of the Child Support, Pensions and Social Security Act 2000.

14

Schedule 4B is substituted by section 6(2) of, and Schedule 2 to, the Child Support, Pensions and Social Security

16

3 & 4 Eliz.2 c. 18. Relevant amendments to section 151 were made by section 18 of the Armed Forces Act 1976 (c. 52), section 11 of the Armed Forces Act 1981 (c. 55), section 108(4) of the Children Act 1989 (c. 41), section 14 of the Armed Forces Act 1991 (c. 62) and by S.I. 1993/785 and 1995/756.

17

3 & 4 Eliz. 2 c. 19. Relevant amendments to section 151 were made by section 18 of the Armed Forces Act 1976 (c. 52), section 11 of the Armed Forces Act 1981 (c. 55), section 108(4) of the Children Act 1989 (c. 41), section 14 of the Armed Forces Act 1991 (c. 62) and by S.I. 1993/785 and 1995/756.

18

This Order in Council is not a statutory instrument but copies may be obtained from the Ministry of Defence Naval Pay (Pensions and Conditions of Service) Branch, Old Admiralty Building, Spring Gardens, London SW1A 2BE.

19

S.I. 2000/.

Revision and supersession of an adjustment

4A

Where, on or after the calculation date, an application is made to the Secretary of State or he acts on his own initiative to revise or supersede an adjustment of the amounts payable under a maintenance assessment, he may revise or supersede that adjustment in accordance with the Decisions and Appeals Regulations.

Outstanding applications at calculation date

Outstanding revisions and supersessions at calculation date

5A

Regulation 5 shall apply in the same way to a decision of the Secretary of State acting on his own initiative under section 16 or 17 of the former Act to revise or supersede a maintenance assessment, an interim maintenance assessment or a departure direction as it does to an application made for the same purpose.

Applications for a departure direction or a variation made after calculation date

Grounds on which a conversion decision may not be revised, superseded or altered on appeal

Outstanding appeals at calculation date

Adjustment of the amount of child support maintenance payable

9A

  • (1) Subject to paragraph (2), where—
  • (a) there has been an overpayment of child support maintenance under a maintenance assessment; and
  • (b) the amount payable under that maintenance assessment has been adjusted under regulation 10 of the Arrears, Interest and Adjustment Regulations as it applies to a maintenance assessment,

that adjustment shall apply to the new amount or the transitional amount in the conversion decision, as the case may be, if—

  • (i) the overpayment remains on the case conversion date; and
  • (ii) the Secretary of State considers it appropriate in all the circumstances of the case having regard to the matters set out in regulation 10(1)(b) of the Arrears, Interest and Adjustment Regulations as it applies to a conversion decision.
  • (2) Where the conversion decision relates to more than one parent with care, the adjustment of the amount payable under a maintenance assessment which applies to the new amount or the transitional amount, as the case may be, in accordance with paragraph (1) shall only apply in respect of the apportioned amount payable to the parent with care in relation to whom the maintenance assessment subject to the adjustment was made.
  • (3) In paragraph (2) the “apportioned amount” shall have the meaning given in regulation 11(4).

Attribution of payments

9B

  • (1) Where—
  • (a) there are arrears of child support maintenance under a maintenance assessment; and
  • (b) the Secretary of State has attributed any payment of child support maintenance made by an absent parent to child support maintenance due as he thinks fit, in accordance with regulation 9 of the Arrears, Interest and Adjustment Regulations as it applies to a maintenance assessment,

that attribution of payments shall apply to the new amount or the transitional amount in the conversion decision, as the case may be, if—

  • (i) the arrears remain on the case conversion date; and
  • (ii) the Secretary of State has made that attribution of payments as he thought fit, in accordance with regulation 9 of the Arrears, Interest and Adjustment Regulations as it applies to a conversion decision.

Circumstances in which a transitional amount is payable

Transitional amount—basic, reduced and most flat rate cases

Transitional amount in flat rate cases

Transitional amount—certain flat rate cases

Certain cases where the new amount is payable

Case conversion date

Conversion calculation and conversion decision

Relevant departure direction and relevant property transfer

Effect on conversion calculation—special expenses

Effect on conversion calculation—property or capital transfer

Effect on conversion calculation—additional cases

Effect on conversion calculation—relevant property transfer

Effect on conversion calculation—maximum amount payable where relevant departure direction is on additional cases ground

Effect of relevant departure direction on conversion calculation—general

Effect of a relevant property transfer and a relevant departure direction—general

23A

Where—

  • (a) more than one relevant property transfer applies; or
  • (b) one or more relevant property transfers and one or more relevant departure directions apply,

regulation 23 shall apply as if references to a relevant departure direction were to a relevant property transfer or to the relevant property transfers and relevant departure directions, as the case may be.

Phasing amount

Maximum transitional amount

Subsequent decision effective on case conversion date

Subsequent decision with effect in transitional period—amount payable

Linking provisions

Editorial notes

20

S. I. in force for certain purposes at (10.11.2000) by S.I. 2000/2994, otherwise (3.3.2003) by S.I. 2003/192

21

1991 c. 48. Sections 16 and 17 were substituted by sections 40 and 41 respectively of the Social Security Act 1998 c. 14 and sections 16, 17 and 52 are amended by sections 8, 9 and 25 respectively of the Child Support, Pensions and Social Security Act 2000 c.19. Sections 51 and 54 are amended by paragraphs 11(19) and (20) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000. Section 54 is cited because of the meaning ascribed to the word “prescribed".

22

S.I. 1992/1815. The Regulations are revoked by the Child Support (Maintenance Calculations and Special Cases) Regulations S.I. 2000/ .

23

S.I. 1992/1813. The Regulations are revoked by the Child Support (Maintenance Calculation Procedure) Regulations S.I. 2000/ .

24

Section 4(10)(a) is amended by section 2(2) of the Child Support, Pensions and Social Security Act 2000.

25

S.I. 1999/991. The relevant amending instruments are S.I. 2000/1596 and S.I. 2000/3185.

26

S.I. 1996/2907. The Regulations are revoked by the Child Support (Variations) Regulations S.I. 2000/ .

27

S.I. 1992/2645. The Regulations are amended by S.I. 2000/ .

28

S.I. 2000/.

29

Regulation 33 was amended by S.I. 1995/3261, 1996/1945 and 1999/1047.

30

S.I. 2000/.

31

Section 28G is substituted by section 7 of the Child Support, Pensions and Social Security Act 2000.

32

Section 11 is substituted by section 1 of the Child Support, Pensions and Social Security Act 2000.

33

Schedule 4B is substituted by section 6(2) of, and Schedule 2 to, the Child Support, Pensions and Social Security

35

3 & 4 Eliz.2 c. 18. Relevant amendments to section 151 were made by section 18 of the Armed Forces Act 1976 (c. 52), section 11 of the Armed Forces Act 1981 (c. 55), section 108(4) of the Children Act 1989 (c. 41), section 14 of the Armed Forces Act 1991 (c. 62) and by S.I. 1993/785 and 1995/756.

36

3 & 4 Eliz. 2 c. 19. Relevant amendments to section 151 were made by section 18 of the Armed Forces Act 1976 (c. 52), section 11 of the Armed Forces Act 1981 (c. 55), section 108(4) of the Children Act 1989 (c. 41), section 14 of the Armed Forces Act 1991 (c. 62) and by S.I. 1993/785 and 1995/756.

37

This Order in Council is not a statutory instrument but copies may be obtained from the Ministry of Defence Naval Pay (Pensions and Conditions of Service) Branch, Old Admiralty Building, Spring Gardens, London SW1A 2BE.

38

S.I. 2000/.

72

Reg. 13(2) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(6)

73

Reg. 13 renumbered as para. (1) (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 8(6)

133

Words in reg. 11(3)(a) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

135

Words in reg. 15(3C)(b) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

136

Words in reg. 25(2)(a) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

137

Words in reg. 28(1) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

138

Words in reg. 28(2) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

139

Words in reg. 28(2A) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

140

Words in reg. 28(5A) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

141

Words in reg. 28(7) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

142

Words in reg. 28(7A) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

143

Words in reg. 28(9) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

144

Words in reg. 28(3) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

145

Words in reg. 3(1)(b) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

146

Words in reg. 30(a) omitted (27.10.2008) by virtue of Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 6

147

Reg. 27(11) inserted (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415) regs. 3(a), 8(9)(c)

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