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Statutory Instruments

2001 No. 158

FAMILY LAW

CHILD SUPPORT

SOCIAL SECURITY

The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001

Made

24th January 2001

Laid before Parliament

25th January 2001

Coming into force as provided in regulation 1(2) and (3)

M1 The Secretary of State for Social Security, in exercise of the powers conferred upon him by section 29(2) of the Child Support, Pensions and Social Security Act 2000 , and of all other powers enabling him in that behalf, hereby makes the following Regulations:

PART I GENERAL

Citation and commencement I1

1. —(1) These Regulations may be cited as the Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001.

(2) Regulation 11 and, for the purposes of that provision, this regulation and regulation 2, shall come into force on 15th February 2001.

(3) The remainder of these Regulations shall come into force in relation to a particular case on the date on which section 1 of the 2000 Act comes into force in relation to that type of case.

Interpretation I2

2. In these Regulations—

PART II CONSEQUENTIAL AMENDMENTS

Amendment of the Community Action (Miscellaneous Provisions) Order and the North Norfolk Action (Miscellaneous Provisions) Order I3

M13 3. To the list of subordinate legislation specified respectively in the Schedule to the Community Action (Miscellaneous Provisions) Order and the Schedule to the North Norfolk Action (Miscellaneous Provisions) Order, there shall be added “The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ”.

Amendment of the Decisions and Appeals Regulations I4

4. —(1) The Decisions and Appeals Regulations shall be amended as provided in the following paragraphs.

(2)[F2 In regulations 23(2)(b) and (5) and 44(1)(a), (2) and (3), for the words “absent parent” wherever they appear there shall be substituted the words “ non-resident parent ” . F2]

(3) In regulation 23(3)(a) for the word “assessment” there shall be substituted the word “ calculation ” .

(4) In regulation 33(1)(a)(i) and (2)(d) the words “as extended by paragraph 3 of Schedule 4C to that Act” shall be omitted.

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Guardian’s Allowances Regulations

F4 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Income Support Regulations I5

6. —(1) The Income Support Regulations shall be amended as provided in the following paragraphs.

(2) In regulations 60A and 60C(6)(a), for the word “assessment” there shall be substituted “ calculation ” .

(3) In paragraph 14(2) of Schedule 3—

(a) subject to sub-paragraph (b), for the word “assessment” wherever it appears there shall be substituted “ calculation ” ; and

(b) in sub-paragraph (b), for the words “interim maintenance assessment” wherever they appear there shall be substituted “ interim maintenance decision or default maintenance decision ” .

Amendment of the Jobseeker’s Allowance Regulations I6

7. —(1) The Jobseeker’s Allowance Regulations shall be amended as provided in the following paragraphs.

(2) In regulations 125 and 128(6)(a), for the word “assessment” there shall be substituted “ calculation ” .

(3) In paragraph 13(2) of Schedule 2—

(a) subject to sub-paragraph (b), for the word “assessment” wherever it appears there shall be substituted “ calculation ” ; and

(b) in sub-paragraph (b), for the words “interim maintenance assessment” wherever they appear there shall be substituted “ interim maintenance decision or default maintenance decision ” .

Amendment of the Maintenance Payments Regulations I7

8. In regulation 2(a)(ii) of the Maintenance Payments Regulations, for the word “assessment” there shall be substituted “ calculation ” .

Amendment of the New Deal (25 plus) (Miscellaneous Provisions) Order, the New Deal (Miscellaneous Provisions) Order, the Project Work (Miscellaneous Provisions) Order and the Training for Work (Miscellaneous Provisions) Order I8

M14 9. To the list of subordinate legislation specified respectively in the Schedule to the New Deal (25 plus) (Miscellaneous Provisions) Order, the Schedule to the New Deal (Miscellaneous Provisions) Order, the Schedule to the Project Work (Miscellaneous Provisions) Order and the Schedule to the Training for Work (Miscellaneous Provisions) Order there shall be added “The Child Support (Maintenance Calculations and Special Cases) Regulations 2000” and “The Child Support (Maintenance Calculation Procedure) Regulations 2000 ”.

PART III SAVINGS

Savings for particular cases I9

10. [F5—(Z1) This regulation is subject to the Child Support (Transitional Provisions) Regulations 2000. F5]

(1) Where, in respect of a particular case there is a maintenance assessment the effective date of which is before the date that these Regulations come into force with respect to that type of case (“the commencement date”), these Regulations shall not apply for the purposes of—

(a) the Guardian’s Allowances Regulations, in relation to a parent who died on or before the commencement date;

(b) the Income Support Regulations, in relation to a person who is entitled to income support for a period beginning on or before the day before the commencement date;

(c) the Jobseeker’s Allowance Regulations, in relation to a person who is entitled to a jobseeker’s allowance for a period beginning on or before the day before the commencement date; and

(d) the Maintenance Payments Regulations, in relation to payment of child support maintenance under a maintenance assessment in a period beginning on or before the day before the commencement date.

(2) These Regulations shall not apply with respect to the Income Support Regulations and the Jobseeker’s Allowance Regulations in relation to a person who is entitled to income support or a jobseeker’s allowance, as the case may be, for a period beginning on or before the day before the commencement date.

PART IV TRANSITIONAL PROVISION

Transitional provision—redetermination of appeals

M15 11. In relation to any particular case, before the date on which these Regulations, except for this regulation, come into force for the purposes of that case, in section 23A(4)(b) of the Act the reference to “qualifying persons” shall be treated as a reference to any person referred to in section 20 of the former Act with a right of appeal under that section and the reference in section 23A(3) to “the principal parties” shall be construed accordingly.

Signed by authority of the Secretary of State for Social Security.

P. Hollis

Parliamentary Under-Secretary of State,

Department of Social Security

Status: There are currently no known outstanding effects for the The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001.
The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001 (2001/158)
Version from: 3 November 2008

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in reg. 2 revoked (7.4.2003) by The Guardian’s Allowance (General) Regulations 2003 (S.I. 2003/495) , reg. 1 , Sch. Pt. 1
F2 Reg. 4(2) revoked in part (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 2
F3 Reg. 4(5) revoked (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) , art. 1 , Sch. 2
F4 Reg. 5 revoked (7.4.2003) by The Guardian’s Allowance (General) Regulations 2003 (S.I. 2003/495) , reg. 1 , Sch. Pt. 1
F5 Reg. 10(Z1) inserted (3.3.2003) by The Child Support (Transitional Provision)(Miscellaneous Amendments) Regulations 2003 (S.I. 2003/347) , regs. 1 , 2(3) inserted
I1 Reg. 1 coming into force in accordance with {reg. 1(2)(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I2 Reg. 2 coming into force in accordance with {reg. 1(2)(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I3 Reg. 3 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I4 Reg. 4 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I5 Reg. 6 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I6 Reg. 7 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I7 Reg. 8 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I8 Reg. 9 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
I9 Reg. 10 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192 this amendment ( text) is marked as yet to come into force, see the commentary.
M1 2000 c. 19 .
M2 1991 c. 48 .
M3 S.I. 1993/1621 .
M4 S.I. 1999/991 . Relevant amending instruments are S.I. 1999/2570 and 2677.
M5 S.I. 1987/1967 . Relevant amending instruments are S.I. 1993/846 and 1999/3178.
M6 S.I. 1996/207 . Relevant amending instrument is S.I. 1999/2860 .
M7 S.I. 1996/940 .
M8 S.I. 1999/779 .
M9 S.I. 1998/217 . Relevant amending instrument is S.I. 1998/1425 .
M10 S.I. 1993/1065 .
M11 S.I. 1996/1623 .
M12 S.I. 1995/1780 . Relevant amending instrument is S.I. 1998/1426 .
M13 S.I. 2001/155 .
M14 S.I. 2001/157 .
M15 Section 23A was inserted by section 11 of the Child Support, Pensions and Social Security Act 2000.
Defined Term Section/Article ID Scope of Application
qualifying persons reg. 11. of PART IV def_34c104f6e8
the 2000 Act reg. 2. of PART I def_16b4223ea7
the Act reg. 2. of PART I def_157ebdc991
the commencement date reg. 10. of PART III def_8e47737e47
the Community Action (Miscellaneous Provisions) Order reg. 2. of PART I def_d8d7fb256f
the Decisions and Appeals Regulations reg. 2. of PART I def_7e055773e0
the former Act reg. 2. of PART I def_859e1c4099
the Income Support Regulations reg. 2. of PART I def_e9c0d3233a
the Jobseeker’s Allowance Regulations reg. 2. of PART I def_75c3671c97
the Maintenance Payments Regulations reg. 2. of PART I def_ce9cf4196a
the New Deal (25 plus) (Miscellaneous Provisions) Order reg. 2. of PART I def_9bb0d1091b
the New Deal (Miscellaneous Provisions) Order reg. 2. of PART I def_75b7eeecc4
the North Norfolk Action (Miscellaneous Provisions) Order reg. 2. of PART I def_26257c1ace
the principal parties reg. 11. of PART IV def_c42af01ae7
the Project Work (Miscellaneous Provisions) Order reg. 2. of PART I def_6a970f4a67
the Training for Work (Miscellaneous Provisions) Order reg. 2. of PART I def_2b2adfe49a

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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