The Child Support (Miscellaneous Amendments) Regulations 1993

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) for the word “an” there shall be substituted the words “a Category A”; and

(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.”.