The Child Support (Variations) Regulations 2000

• (c) regulation 27(4) shall be read as if the aggregation referred to included any deduction in respect of the relevant property transfer; and

• (d) regulation 27(5) shall be read as if after the reference to paragraph (3) or (4) there were a reference to any deduction in respect of the relevant property transfer.

Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability

29

• (1) This regulation applies where a variation has been agreed to in relation to a maintenance calculation.

• (2) In the circumstances set out in paragraph (3), the Secretary of State may take account of the effect of such a variation upon the rate of liability for child support maintenance notwithstanding the fact that an application has not been made.

• (3) The circumstances are—

• (a) that the decision as to the maintenance calculation is superseded under section 17 of the Act on a change of circumstances so that the non-resident parent becomes liable to pay child support maintenance at the nil rate, or another rate which means that the variation cannot be taken into account; and

• (b) that the superseding decision referred to in sub-paragraph (a) is itself superseded under section 17 of the Act on a change of circumstances so that the non-resident parent becomes liable to pay a rate of child support maintenance which can be adjusted to take account of the variation.

Circumstances for the purposes of section 28F(3) of the Act

30

The circumstances prescribed for the purposes of section 28F(3) of the Act (Secretary of State shall not agree to a variation) are—

• (a) the prescribed circumstances in regulation 6(2) or 7; and

• (b) where the Secretary of State considers it would not be just and equitable to agree to the variation having regard to any of the factors referred to in regulation 21.

PART VIII — MISCELLANEOUS

Regular payments condition

31

• (1) For the purposes of section 28C(2)(b) of the Act (payments of child support maintenance less than those specified in the interim maintenance decision) the payments shall be those fixed by the interim maintenance decision or the maintenance calculation in force, as the case may be, adjusted to take account of the variation applied for by the non-resident parent as if that variation had been agreed.

• (2) The Secretary of State may refuse to consider the application for a variation where a regular payments condition has been imposed and the non-resident parent has failed to comply with it in the circumstances to which paragraph (3) applies.

• (3) This paragraph applies where the non-resident parent has failed to comply with the regular payments condition and fails to make such payments which are due and unpaid within one month of being required to do so by the Secretary of State or such other period as the Secretary of State may in the particular case decide.

Meaning of “benefit” for the purposes of section 28E of the Act

32

For the purposes of section 28E of the Act, “benefit” means income support, income-based jobseeker’s allowance and housing benefit.

PART IX — REVOCATION

Revocation and savings

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• (1) Subject to the Transitional Regulations and paragraph (2), the Child Support Departure Direction and Consequential Amendments Regulations 1996 shall be revoked with respect to a particular case with effect from the date that these Regulations come into force with respect to that type of case (“the commencement date”).

• (2) Where before the commencement date in respect of a particular case—

• (a) an application was made and not determined for—

• (i) a maintenance assessement;

• (ii) a departure direction; or

• (iii) a revision or supersession of a decision;

• (b) the Secretary of State had begun but not completed a revision or supersession of a decision on his own initiative;

• (c) any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or

• (d) any appeal was made but not decided or any time limit for making an appeal had not expired,

the provisions of the Child Support Departure Direction and Consequential Amendments Regulations 1996 shall continue to apply for the purposes of—

• (aa) the decision on the application referred to in sub-paragraph (a);

• (bb) the revision or supersession referred to in sub-paragraph (b);

• (cc) the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;

• (dd) any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or

• (ee) any revision, supersession or appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd).

• (3) Where, after the commencement date, a decision with respect to a departure direction is revised from a date which is prior to the commencement date, the provisions of the Child Support Departure Direction and Consequential Amendments Regulations 1996 shall continue to apply for the purposes of that revision.

• (4) Where, under regulation 28(1) of the Transitional Regulations, an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the Child Support Departure Direction and Consequential Amendments Regulations 1996 shall continue to apply for the purposes of an application for a departure direction in relation to any such assessment made.

• (5) For the purposes of this regulation—

• (a) “departure direction” and “maintenance assessment” means as provided in section 54 of the Act before its amendment by the 2000 Act;

• (b) “revision or supersession” means a revision or supersession of a decision under section 16 or 17 of the Act before its amendment by the 2000 Act and “any time limit for making an application for a revision” means any time limit provided for in Regulations made under section 16 of the Act; and

• (c) “2000 Act” means the Child Support, Pensions and Social Security Act 2000.

SCHEDULE — Equivalent weekly value of a transfer of property

1

• (1) Subject to paragraph 3, the equivalent weekly value of a transfer of property shall be calculated by multiplying the value of a transfer of property determined in accordance with regulation 17 by the relevant factor specified in the Table set out in paragraph 2 (“the Table”).

• (2) For the purposes of sub-paragaph (1), the relevant factor is the number in the Table at the intersection of the column for the statutory rate and of the row for the number of years of liability.

• (3) In sub-paragraph (2)—

• (a) “the statutory rate” means interest at the statutory rate prescribed for a judgment debt or, in Scotland, the statutory rate in respect of interest included in or payable under a decree in the Court of Session, which in either case applies at the date of the court order or written agreement relating to the transfer of the property;

• (b) “the number of years of liability” means the number of years, beginning on the date of the court order or written agreement relating to the transfer of property and ending on—

• (i) the date specified in that order or agreement as the date on which maintenance for the youngest child in respect of whom that order or agreement was made shall cease; or

• (ii) if no such date is specified, the date on which the youngest child specified in the order or agreement reaches the age of 18,

and where that period includes a fraction of a year, that fraction shall be treated as a full year if it is either one half or exceeds one half of a year, and shall otherwise be disregarded.

2

The Table referred to in paragraph 1(1) is set out below—

3

The Secretary of State may determine a lower equivalent weekly value than that determined in accordance with paragraphs 1 and 2 where the amount of child support maintenance that would be payable in consequence of agreeing to a variation of that value is lower than the amount of the periodical payments of maintenance which were payable under the court order or written agreement referred to in regulation 16.

Signed

Signed by authority of the Secretary of State for Social Security

P. Hollis — Parliamentary Under-Secretary of State, — Department of Social Security — 2001-01-18

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes