text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 1998.
2
Subject to paragraph (3), these regulations shall come into force on the first commencement day.
3
Regulations 14, 39(3), 44, 45, 47, 49, 52, 54, 55 and paragraph (5) of regulation 56 shall come into force on the second commencement day.
4
In these Regulations, unless the context otherwise requires —
“ Appeal Regulations ” means the Child Support Appeal Tribunals (Procedure) Regulations 1992 ;
“ Collection and Enforcement Regulations ” means the Child Support (Collection and Enforcement) Regulations 1992 ;
“ Departure Direction Regulations ” means the Child Support Departure Direction and Consequential Amendments Regulations 1996 ;
“first commencement day” means 19th January 1998;
“ Information, Evidence and Disclosure Regulations ” means the Child Support (Information, Evidence and Disclosure) Regulations 1992 ;
“ Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“ Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“second commencement day” means 6th April 1998.
Amendment of regulation 1 of the Appeal Regulations
2
In paragraph (2) of regulation 1 of the Appeal Regulations (citation, commencement and interpretation) —
a
the definition of “Central Office” shall be omitted;
b
at the end of sub-paragraph (dd) in the definition of “party to the proceedings”, there shall be added the words “or to a referral”.
Amendment of regulation 3 of the Appeal Regulations
3
1
Regulation 3 of the Appeal Regulations (making an appeal or application and time limits) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (11A) the words “at the Central Office” shall be omitted.
3
In paragraph (11B) —
a
for the words “paragraph (9)” there shall be substituted the words “paragraphs (9) or (10)”;
b
for the words “in the Central Office” there shall be substituted the words “by the clerk to the tribunal”.
Amendment of regulation 5 of the Appeal Regulations
4
In paragraph (1) of regulation 5 of the Appeal Regulations (directions), after the words “and may” there shall be inserted the words “,subject to paragraph (3),”.
Amendment of regulation 11 of the Appeal Regulations
5
In paragraph (1) of regulation 11 of the Appeal Regulations (hearings), the word “application” wherever it appears shall be omitted.
Amendment of regulation 12 of the Collection and Enforcement Regulations
6
After paragraph (3) of regulation 12 of the Collection and Enforcement Regulations (amount to be deducted by employer) there shall be inserted the following paragraph —
3A
Where on any pay-day the liable person receives a payment of earnings covering a period longer than the period by reference to which the normal deduction rate is set, the employer shall, subject to paragraph (2), make a deduction from the net earnings paid to that liable person on that pay-day of an amount which is in the same proportion to the normal deduction rate as that longer period is to the period by reference to which that normal deduction rate is set.
.
Amendment of regulation 8 of the Departure Direction Regulations
7
1
Regulation 8 of the Departure Direction Regulations (procedure in relation to the determination of an application) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), after the words “Secretary of State shall” there shall be inserted the words “, unless he is satisfied on the information or evidence available to him that a departure direction is unlikely to be given”.
3
After paragraph (4) there shall be inserted the following paragraph —
4A
Where the provisions of paragraph (1) have not been complied with because the Secretary of State was satisfied on the information or evidence available to him that a departure direction was unlikely to be given, but on further consideration of the application he is minded to give a departure direction in that case, he shall, before doing so, comply with the provisions of this regulation.
.
Substitution of regulation 9 of the Departure Direction Regulations
8
For regulation 9 of the Departure Direction Regulations (departure directions and persons in receipt of income support or income-based jobseeker’s allowance) there shall be substituted the following regulation —
Departure directions and persons in receipt of income support, income-based jobseeker’s allowance, family credit or disability working allowance
9
1
The costs referred to in regulations 13 to 18 shall not constitute special expenses where they are or were incurred —
a
by an absent parent to or in respect of whom income support or income-based jobseeker’s allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;
b
by a person with care to or in respect of whom income support, income-based jobseeker’s allowance, family credit or disability working allowance is or was in payment at the date on which any departure direction given in response to that application would take effect; or
c
by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker’s allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.
2
A transfer shall not constitute a transfer of property for the purposes of paragraph 3(1)(b) or 4(1)(b) of Schedule 4B to the Act, or of regulations 21 and 22, where the application is made —
a
by an absent parent to or in respect of whom income support or income-based jobseeker’s allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;
b
by a person with care and, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker’s allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.
3
A case shall not constitute a case under regulations 23 to 29 where the application is made —
a
by an absent parent to or in respect of whom income support or income-based jobseeker’s allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;
b
by an absent parent where, at the date on which any departure direction given in response to that application would take effect, income support, income-based jobseeker’s allowance, family credit or disability working allowance is or was in payment to or in respect of the person with care of the child or children in relation to whom the maintenance assessment in question is made;
c
by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker’s allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment is made.
.
Amendment of regulation 11 of the Departure Direction Regulations
9
In regulation 11 of the Departure Direction Regulations (departure application and review under section 17 of the Act), for the words “of the Act is” there shall be substituted the words “of the Act would be”.
Insertion of regulation 11A into the Departure Direction Regulations
10
After regulation 11 of the Departure Direction Regulations (departure application and review under section 17 of the Act) there shall be inserted the following regulation —
Meaning of “current assessment” for the purposes of the Act
11A
Where —
a
an application under section 28A of the Act has been made in respect of a current assessment;
b
after the making of that application that current assessment has been reviewed under section 16, 17, 18 or 19 of the Act, whether or not that review was initiated by a reference under section 28B(4) of the Act; and
c
following that review, a fresh maintenance assessment has been made —
i
the effective date of which is the same as the effective date of that current assessment; or
ii
which takes effect on the correct date applicable to that current assessment in circumstances where that current assessment has been reviewed on grounds which include the ground that its effective date was incorrect,
references to the current assessment in sections 28B(3), 28C(2)(a) and 28F(5) of, and in paragraph 8 of Schedule 4A and paragraphs 2, 3 and 4 of Schedule 4B to, the Act shall have effect as if they were references to that fresh maintenance assessment.
.
Amendment of regulation 15 of the Departure Direction Regulations
11
1
Regulation 15 of the Departure Direction Regulations (illness or disability) shall be amended in accordance with the following provisions of this regulation.
2
At the beginning of paragraphs (3) and (4), there shall be inserted the words “Subject to paragraph (4A),”.
3
After paragraph (4), there shall be inserted the following paragraph —
4A
Paragraphs (3) and (4) shall not apply where the dependant of an applicant is adjudged eligible for either of the allowances referred to in paragraph (4) and in all the circumstances of the case the Secretary of State considers that the costs being met by the applicant in respect of the items listed in paragraph (1) shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act without the deductions in paragraph (3) being made.
.
Amendment of regulation 17 of the Departure Direction Regulations
12
1
Regulation 17 of the Departure Direction Regulations (pre-1993 financial commitments) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in sub-paragraph (a), for the words “a court order or” there shall be substituted the words “a maintenance order or a written” and the word “and” at the end shall be omitted;
b
after sub-paragraph (a), there shall be inserted the following sub-paragraph —
aa
at least one of the children referred to in sub-paragraph (a) is a child in respect of whom the current assessment was made; and
.
3
Paragraph (2) shall be omitted.
Amendment of regulation 18 of the Departure Direction Regulations
13
1
Regulation 18 of the Departure Direction Regulations (costs incurred in supporting certain children) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), after the words “part of his family” there shall be inserted the words “and who was, at the date on which any departure direction given in response to an application under this regulation would take effect, living in the same household as that parent”.
3
In paragraph (2) —
a
for sub-paragraph (a), there shall be substituted the following sub-paragraph —
a
the child became a relevant child prior to 5th April 1993 and has remained a relevant child for the whole of the period from that date to the date on which any departure direction given in response to an application under this regulation would take effect;
;
b
for sub-paragraph (b), there shall be substituted the following sub-paragraph —
b
subject to paragraph (7) —
i
the liability of the absent parent of a relevant child to pay maintenance to or for the benefit of that child under a maintenance order, a written maintenance agreement or a maintenance assessment; or
ii
any deduction from benefit under section 43 of the Act in place of payment of child support maintenance to or for the benefit of that child,
is less than the amount specified in paragraph (4), or there is no such liability or deduction; and
.
4
In paragraph (3) —
a
at the beginning, there shall be inserted the words “Subject to paragraph (7A),”;
b
after the words “paragraph (2)(b)” there shall be inserted the words “(i) or any deduction from benefit mentioned in paragraph (2)(b)(ii)”;
c
after the words “no such liability” there shall be inserted the words “or deduction”.
5
In paragraph (4) —
a
at the beginning there shall be inserted the words “Subject to paragraphs (4A) and (4B),”;
b
in sub-paragraph (b), after the words “and (c)” there shall be inserted the word “of” and at the end there shall be inserted the word “and”;
c
for sub-paragraph (c), there shall be substituted the following sub-paragraph —
c
except where the family includes other children of the parent, an amount equal to the income support family premium —
i
specified in sub-paragraph (a) of paragraph 3 of that Schedule where, if the applicant were a claimant, the rate of income support family premium specified in that sub-paragraph would be applicable to him; or
ii
specified in paragraph 3(b) in all other cases.
;
d
sub-paragraph (d) shall be omitted.
6
After paragraph (4), there shall be inserted the following paragraphs —
4A
Where day to day care of the relevant child is shared between the current partner of the person making an application under this regulation and the other parent of that child, the amounts referred to in paragraph (4) shall be reduced by the proportion of those amounts which is the same as the proportion of the week in respect of which the child is not living in the same household as the applicant.
4B
Where an application under paragraph (1) is made in respect of more than one relevant child and the family does not include any other children of the parent, the amount applicable under sub-paragraph (c) of paragraph (4) in respect of each relevant child shall be calculated by dividing the amount referred to in that sub-paragraph by the number of relevant children in respect of whom that application is made.
.
7
In paragraph (6), at the end of sub-paragraph (d), there shall be added the words “or the aggregate of those amounts where paragraph (7A) applies to that partner.”.
8
In paragraph (7), after the words “paragraph (2)(b)” there shall be inserted “(i)”.
9
After paragraph (7) there shall be inserted the following paragraph —
7A
Where an application is made in respect of relevant children of different parents, a separate calculation shall be made in accordance with paragraphs (3) and (4) in respect of each relevant child or group of relevant children who have the same parents and the amount constituting special expenses referred to in paragraph (1) shall be the aggregate of the amounts calculated in accordance with paragraph (3) in respect of each such relevant child or group of relevant children.
.
10
For sub-paragraph (a) of paragraph (8), there shall be substituted the following sub-paragraph —
a
a child who is not the child of a particular person is a part of that person’s family where —
i
that child is the child of a current partner of that person; or
ii
that child is the child of a former partner of that person and lives in the same household as the applicant for every night of each week;
.
Further amendment of regulation 18 of the Departure Direction Regulations
14
For sub-paragraph (c) of paragraph (4) of regulation 18 of the Departure Direction Regulations, there shall be substituted the following sub-paragraph —
c
except where the family includes other children of the parent, an amount equal to the income support family premium specified in paragraph 3(1)(b) of that Schedule that would be payable if the parent were a claimant.
.
Amendment of regulation 22 of the Departure Direction Regulations
15
In paragraph (1) of regulation 22 of the Departure Direction Regulations (value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act), after the words “in lieu of” there shall be inserted the words “periodical payments of”.
Amendment of regulation 23 of the Departure Direction Regulations
16
Paragraph (3) of regulation 23 of the Departure Direction Regulations (assets capable of producing income or higher income) shall be omitted.
Amendment of regulation 25 of the Departure Direction Regulations
17
1
Regulation 25 of the Departure Direction Regulations (life-style inconsistent with declared income) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), the word “maintenance” shall be omitted.
3
For paragraph (2), there shall be substituted the following paragraph —
2
Paragraph (1) shall not apply where the Secretary of State is satisfied that the life-style of the non-applicant is paid for —
a
out of capital belonging to him; or
b
by his partner, unless the non-applicant is able to influence or control the amount of income received by that partner.
.
4
In paragraph (3), for “(2)(b)(ii)” there shall be substituted “(2)(b)”.
Amendment of regulation 32 of the Departure Direction Regulations
18
1
Regulation 32 of the Departure Direction Regulations (effective date of a departure direction) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3), for the words “paragraph (6)” there shall be substituted the words “paragraphs (3A) and (6)”.
3
After paragraph (3), there shall be inserted the following paragraph —
3A
Where an application is determined in accordance with regulation 14 and is one to which paragraph (7) of that regulation applies, a departure direction given in response to that application shall take effect —
a
from the first day of the maintenance period immediately following the date on which the absent parent and the parent with care have agreed the pattern of contact for the future is to commence; or
b
where no such date has been so agreed, from the first day of the maintenance period immediately following the date upon which the departure direction is given.
.
Insertion of regulation 34A into the Departure Direction Regulations
19
After regulation 34 of the Departure Direction Regulations (cancellation of a departure direction on recognition of an error), there shall be inserted the following regulation —
Correction of accidental errors in departure directions
34A
1
Subject to paragraphs (3) and (4), accidental errors in any departure direction made by the Secretary of State or record of such a departure direction may, at any time, be corrected by the Secretary of State and a correction made to, or to the record of, that departure direction shall be deemed to be part of that direction or of that record.
2
Where the Secretary of State has made a correction under the provisions of paragraph (1), he shall immediately notify the persons who were notified of the departure direction that has been corrected, so far as that is reasonably practicable.
3
In determining whether the time limit specified in section 28H(3) of the Act has been complied with, there shall be disregarded any day falling before the day on which notification was given or sent under paragraph (2).
4
The power to correct errors under this regulation shall not be taken to limit any other powers to correct errors that are exercisable apart from these Regulations.
.
Amendment of regulation 37 of the Departure Direction Regulations
20
1
Regulation 37 of the Departure Direction Regulations (effect of a departure direction in respect of special expenses — exempt income), shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), after the words “shall be increased by” there shall be inserted the words “the amount specified in that departure direction being the whole or part of”.
3
In paragraph (4), for the words “repayment of” there shall be substituted the words “the whole or part of the amount required to repay”.
Amendment of regulation 39 of the Departure Direction Regulations
21
For sub-paragraph (b) of paragraph (1) of regulation 39 of the Departure Direction Regulations (effect of a departure direction in respect of a transfer of property), there shall be substituted the following sub-paragraph —
b
subject to sub-paragraph (c) and paragraphs (2) and (3), the fresh maintenance assessment made in consequence of the direction shall be the lower of —
i
the amount, calculated in accordance with the provisions of paragraphs 1 to 5 and 7 to 10 of Part I of Schedule 1 to the Act, as modified in a case to which it applies by sub-paragraph (a) where that sub-paragraph is applicable to the case in question, reduced by the amount specified in that departure direction being the whole or part of the equivalent weekly value of the property transferred as determined in accordance with regulation 22; or
ii
where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) apply, the amount, calculated in accordance with the provisions of Part I of Schedule 1 to the Act, as modified in a case to which it applies by sub-paragraph (a) where that sub-paragraph is applicable to the case in question;
.
Amendment of regulation 40 of the Departure Direction Regulations
22
In paragraphs (2) to (5) of regulation 40 of the Departure Direction Regulations (effect of a departure direction in respect of additional cases), after the words “shall be increased by” wherever they occur, there shall be inserted the words “the amount specified in that departure direction, being the whole or part of”.
Amendment of regulation 41 of the Departure Direction Regulations
23
1
Regulation 41 of the Departure Direction Regulations (child support maintenance payable where effect of a departure direction would be to decrease an absent parent’s assessable income) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (3), there shall be substituted the following paragraph —
3
There shall be determined the amount that would be payable under a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Act which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.
.
3
For paragraph (4) there shall be substituted the following paragraph —
4
The revised amount for the purposes of regulation 7 (rejection of application on completion of a preliminary consideration) and regulation 31 (refusal to give a departure direction under section 28F(4) of the Act) shall be the lowest of the following amounts —
a
the amount calculated in accordance with paragraph (2);
b
the amount determined in accordance with paragraph (3);
c
where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) as modified in a case to which they apply by the provisions of regulation 38 (effect of a departure direction in respect of special expenses — protected income) would apply if a departure direction were given, the amount payable under those provisions,
and the Secretary of State may apply regulation 7 and shall apply regulation 31 in relation to the current amount and the revised amount as so construed.
.
4
In paragraph (5), the words “Subject to paragraph (7),” shall be omitted.
5
Paragraph (7) shall be omitted.
6
In paragraph (8), for the words “paragraphs (1) to (7)” there shall be substituted the words “paragraphs (1) to (6)”.
Amendment of regulation 42 of the Departure Direction Regulations
24
1
Regulation 42 of the Departure Direction Regulations (application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Act) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraphs —
1
Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 2 of Schedule 4B to the Act (special expenses) and paragraph 3 of that Schedule (property or capital transfers), regulation 41 shall be applied subject to the modifications set out in paragraphs (1A) to (3).
1A
In paragraph (1) of regulation 41, the reference to a departure direction shall be construed as a reference to any departure direction that would be given if the application had been made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the reference to the absent parent’s assessable income shall be construed as a reference to the assessable income calculated in consequence of such a direction.
.
3
For paragraph (3), there shall be substituted the following paragraph —
3
For the purposes of this regulation, the revised amount for the purposes of regulations 7 and 31 shall be —
a
subject to sub-paragraph (b), the lower of the amounts specified in sub-paragraphs (a) and (b) of paragraph (4) of regulation 41, subject to paragraph (2) of this regulation, less the amount determined in accordance with regulation 22 (value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act);
b
where the amount specified in sub-paragraph (c) of paragraph(4) of regulation 41 is lower than the amount determined in accordance with sub-paragraph (a), that amount.
.
4
In paragraph (4), after the words “following that direction shall be” there shall be inserted the words “determined by the child support officer as being”.
Insertion of regulation 42A into the Departure Direction Regulations
25
After regulation 42 of the Departure Direction Regulations there shall be inserted the following regulation —
Application of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Act
42A
1
Where an absent parent applies for a departure direction on the grounds that the case falls within both paragraph 5 of Schedule 4B to the Act (additional cases) and paragraph 2 of that Schedule (special expenses), and the conditions set out in paragraph (1) of regulation 41 are satisfied, the amount of child support maintenance payable shall be determined in accordance with paragraphs (2) to (6).
2
The application shall in the first instance be treated as an application (an “additional cases application”) made solely on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act, and a determination shall be made as to whether a departure direction would be given in response to that application.
3
Following the determination mentioned in paragraph (2), the application shall be treated as an application (a “special expenses application”) made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the provisions of regulation 41 shall be applied to the special expenses application, subject to the provisions of paragraphs (4) to (6).
4
Where no departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable.
5
Where a departure direction would be given in response to the additional cases application, the provisions of regulation 41 shall be applied to determine the amount of child support maintenance payable, subject to the modification set out in paragraph (6).
6
For paragraph (3) of regulation 41 there shall be substituted the following paragraph —
3
There shall be determined the amount that would be payable under the maintenance assessment made in consequence of the direction that would be given in response to the additional cases application mentioned in paragraph (2) of regulation 42A which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.
.
7
Where —
a
a departure direction has been given in a case where regulation 41 has been applied and an application is then made on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act; or
b
a departure direction has been given on the grounds that the case falls within paragraph 5 of Schedule 4B to the Act, an application is then made on the grounds that the case falls within paragraph 2 of that Schedule, and the conditions set out in paragraph (1) of regulation 41 are satisfied,
the case shall be treated as a case which falls within paragraph (1), and the date of the later application treated as the date on which both applications were made.
8
Where a departure direction is given in accordance with the provisions of paragraph (7), the earlier direction shall cease to have effect from the date the later direction has effect.
.
Amendment of regulation 43 of the Departure Direction Regulations
26
In paragraph (2) of regulation 43 of the Departure Direction Regulations (maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations) —
a
for the word “lower” there shall be substituted the word “lowest”;
b
after sub-paragraph (b), there shall be inserted the following sub-paragraph —
c
where the provisions of paragraph 6 of Schedule 1 to the Act (protected income) apply, as modified in a case to which they apply by the provisions of regulation 38 (effect of a departure direction in respect of special expenses — protected income) or, as the case may be, regulation 40(6),(8) or (10) (effect of a departure direction in respect of additional cases), the amount calculated as payable under those provisions.
.
Amendment of regulation 44 of the Departure Direction Regulations
27
In paragraph (5) of regulation 44 of the Departure Direction Regulations (maintenance assessment following a departure direction where there is a phased maintenance assessment), for the words “paragraphs (1) to (3)” there shall be substituted the words “paragraphs (1) and (3)”.
Amendment of regulation 46 of the Departure Direction Regulations
28
At the end of sub-paragraph (b) of regulation 46 of the Departure Direction Regulations (special case — departure direction having effect from the date earlier than effective date of current assessment), there shall be added the words “or, where regulation 11A (meaning of “current assessment” for the purposes of the Act) applies, in respect of the fresh maintenance assessment referred to in that regulation”.
Insertion of regulation 46A into the Departure Direction Regulations
29
After regulation 46 of the Departure Direction Regulations there shall be inserted the following regulation —
Cases to which regulation 11A applies
46A
1
A case where the conditions set out in paragraphs (a) to (c) of regulation 11A (meaning of “current assessment” for the purposes of the Act) are satisfied shall be treated as a special case for the purposes of the Act.
2
Where a case falls within paragraph (1), references to “the current assessment” and “the current amount” in these Regulations shall, subject to paragraph (3), be construed as including reference to the fresh maintenance assessment referred to in regulation 11A.
3
Paragraph (2) shall not apply to references to “the current assessment” in regulation 32, with the exception of the reference in paragraph (1)(a) of that regulation, and in regulations 46, 49 and 50.
.
Amendment of regulation 68 of the Departure Direction Regulations
30
Paragraph (2) of regulation 68 of the Departure Direction Regulations (amendment of the Maintenance Assessments and Special Cases Regulations) is hereby revoked.
Amendment of the Schedule to the Departure Direction Regulations
31
1
The Schedule to the Departure Direction Regulations (equivalent weekly value of a transfer of property) shall be amended in accordance with the following provisions of this regulation.
2
In the Table —
a
before the column headed “8.0%”, there shall be inserted the following column —
7.0%
0.02058 0.01064 0.00733 0.00568 0.00469 0.00403 0.00357 0.00322 0.00295 0.00274 0.00256 0.00242 0.00230 0.00220 0.00211 0.00204 0.00197 0.00191
;
b
between the columns headed “10.0%” and “12.0%” there shall be inserted the following column —
11.0%
0.02135 0.01123 0.00787 0.00620 0.00520 0.00455 0.00408 0.00374 0.00347 0.00327 0.00310 0.00296 0.00285 0.00275 0.00267 0.00261 0.00255 0.00250
.
3
In paragraph 4, for the words “maintenance that was” there shall be substituted the words “the periodical payments of maintenance which were”.
4
Paragraph 5 shall be omitted.
Amendment of regulation 3 of the Information, Evidence and Disclosure Regulations
32
In paragraph (2) of regulation 3 of the Information, Evidence and Disclosure Regulations (purposes for which information or evidence may be required) —
a
in sub-paragraph (d), for the word “or” there shall be substituted the word “and”;
b
in sub-paragraph (p), for the words “assessable or disposable income” there shall be substituted the words “any application made under the Act or any question arising in connection with such an application”.
Amendment of regulation 8 of the Information, Evidence and Disclosure Regulations
33
1
Regulation 8 of the Information, Evidence and Disclosure Regulations (disclosure of information to a court or tribunal) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “or to the benefit Acts” there shall be substituted the words “, to the benefit Acts or to the Jobseekers Act 1995 ”.
3
After paragraph (2) there shall be added the following paragraph —
3
The Secretary of State or a child support officer may disclose information held by them for the purposes of the Act to a court in any case where —
a
that court has exercised any power it has to make, vary or revive a maintenance order or to vary a maintenance agreement; and
b
such disclosure is made for the purposes of any proceedings before that court in relation to that maintenance order or that maintenance agreement or for the purposes of any matters arising out of those proceedings.
.
Amendment of regulation 9A of the Information, Evidence and Disclosure Regulations
34
In sub-paragraph (c)(ii) of paragraph (2) of regulation 9A of the Information, Evidence and Disclosure Regulations (disclosure of information to other persons), for the words “with that application on behalf of that person” there shall be substituted the words “on behalf of that person with any matters arising in connection with the determination of that application”.
Amendment of regulation 8A of the Maintenance Assessment Procedure Regulations
35
For paragraph (4) of regulation 8A of the Maintenance Assessment Procedure Regulations (amount of an interim maintenance assessment) there shall be substituted the following paragraph —
4
Where a child support officer is unable to ascertain the income of other members of the family of an absent parent so that the disposable income of that absent parent can be calculated in accordance with regulation 12(1)(a) of the Maintenance Assessments and Special Cases Regulations, 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 that Schedule do not apply to the absent parent.
.
Amendment of regulation 8D of the Maintenance Assessment Procedure Regulations
36
After paragraph (1) of regulation 8D of the Maintenance Assessment Procedure Regulations (miscellaneous provisions in relation to interim maintenance assessments) there shall be inserted the following paragraph —
1A
The reference in paragraph (1) to a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act shall include a maintenance assessment falling within regulation 30A(2).
.
Amendment of regulation 9 of the Maintenance Assessment Procedure Regulations
37
In paragraph (14) of regulation 9 of the Maintenance Assessment Procedure Regulations (cancellation of an interim maintenance assessment), for the words “on which the cancelled interim maintenance assessment ceased to have effect” there shall be substituted the words “set by the child support officer under paragraph (12) on which the cancellation referred to in that paragraph took effect”.
Insertion of regulation 10A into the Maintenance Assessment Procedure Regulations
38
After regulation 10 of the Maintenance Assessment Procedure Regulations (notification of a new or a fresh maintenance assessment), there shall be inserted the following regulation —
Notification of increase or reduction in the amount of a maintenance assessment
10A
1
Where, in a case falling within paragraph (2B) of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) , a child support officer has increased or reduced one or more of the other maintenance assessments referred to in that paragraph following the making of the fresh assessment referred to in sub-paragraph (c) of that paragraph, he shall, so far as that is reasonably practicable, immediately notify the relevant persons in respect of whom each maintenance assessment so increased or reduced was made of —
a
the making of that fresh assessment;
b
the amount of the increase or reduction in that maintenance assessment; and
c
the date on which that increase or reduction shall take effect,
and the notification shall include information as to the provisions of section 18 of the Act.
2
Except where a person gives written permission to the Secretary of State that the information in relation to him mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) shall not contain —
a
the address of any person other than the recipient of the document in question (other than the address of the office of the child support officer concerned) or any other information the use of which could reasonably be expected to lead to any such person being located;
b
any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.
.
Amendment of regulation 17 of the Maintenance Assessment Procedure Regulations
39
1
Regulation 17 of the Maintenance Assessment Procedure Regulations (intervals between periodical reviews and notice of a periodical review) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), for the words “the period between the effective date of the assessment that has been reviewed” to the end there shall be substituted the words
the period between the effective date of the fresh assessment following the latest review carried out under sub-paragraph (a) or (b) and whichever is the later of —
the effective date of the assessment falling within sub-paragraph (a) of paragraph (1); or
the effective date of the assessment made following the review referred to in sub-paragraph (b) or (c) of paragraph (1).
.
3
For paragraph (6), there shall be substituted the following paragraph —
6
The provisions of paragraph (5) shall not apply in relation to —
a
any person to or in respect of whom income support or income-based jobseeker’s allowance is payable;
b
a person with care where income support or income-based jobseeker’s allowance is payable to or in respect of the absent parent;
c
an absent parent or parent with care to whom regulation 10A of the Maintenance Assessments and Special Cases Regulations applies; or
d
a parent with care where that regulation applies to the absent parent.
.
Amendment of regulation 30A of the Maintenance Assessment Procedure Regulations
40
In paragraph (3) of regulation 30A of the Maintenance Assessment Procedure Regulations (effective dates of new maintenance assessments in particular cases), for the words “child support officer” there shall be substituted the words “Secretary of State”.
Amendment of paragraph 6 of Schedule 2 to the Maintenance Assessment Procedure Regulations
41
1
Paragraph 6 of Schedule 2 to the Maintenance Assessment Procedure Regulations (maintenance assessment in force: subsequent application for a maintenance assessment in respect of additional children) shall be amended in accordance with the following provisions of this regulation.
2
For sub-paragraphs (1) and (2) there shall be substituted the following sub-paragraph —
1
Where there is in force a maintenance assessment made in response to an application under section 4 of the Act by an absent parent or person with care and that assessment is not in respect of all of the absent parent’s children who are in the care of the person with care with respect to whom that assessment was made —
a
if that absent parent or that person with care makes an application under section 4 of the Act with respect to the children in respect of whom the assessment currently in force was made and the additional child or one or more of the additional children in the care of that person with care who are children of that absent parent, an assessment made in response to that application shall replace the assessment currently in force;
b
if that absent parent or that person with care makes an application under section 4 of the Act in respect of an additional qualifying child or additional qualifying children of that absent parent in the care of that person with care, that application shall be treated as an application for a maintenance assessment in respect of all the qualifying children concerned and the assessment made shall replace the assessment currently in force.
.
3
In sub-paragraph (3) —
a
after the words “and the person with care” there shall be inserted the words “or the absent parent”;
b
for the words “children of the absent parent who are in her care”, wherever they occur, there shall be substituted the words “children of that absent parent who are in the care of that person with care”.
Amendment of regulation 1 of the Maintenance Assessments and Special Cases Regulations
42
1
Regulation 1 of the Maintenance Assessments and Special Cases Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) —
a
after the definition of “day to day care” there shall be inserted the following definition —
“ Departure Direction and Consequential Amendments Regulations ” means the Child Support Departure Direction and Consequential Amendments Regulations 1996 ;
;
b
at the end of the definition of “employed earner” there shall be added the words “except that it shall include a person gainfully employed in Northern Ireland”;
c
in the definition of “occupational pension scheme”, for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “section 1 of the Pension Schemes Act 1993 ”;
d
at the end of the definition of “relevant week” there shall be added —
except that where, under paragraph 15 of Schedule 1 to the Act, a child support officer makes separate maintenance assessments in respect of different periods in a particular case, because he is aware of one or more changes of circumstances which occurred after the date which is applicable to that case under paragraphs (a) to (f), the relevant week for the purposes of each separate maintenance assessment made to take account of each such change of circumstances, shall be the period of 7 days immediately preceding the date on which notification was given to the Secretary of State of the change of circumstances relevant to that separate maintenance assessment;
;
e
at the end of the definition of “self-employed earner” there shall be added the words “except that it shall include a person gainfully employed in Northern Ireland otherwise than in employed earner’s employment (whether or not he is also employed in such employment)”.
3
At the end of sub-paragraph (a) of paragraph (2A) there shall be added the words “and the amount of income to which each tax rate applies shall be determined on the basis that the ratio of that amount to the full amount of the income to which each tax rate applies is the same as the ratio of the proportionate part of that personal relief to the full personal relief”.
Amendment of regulation 2 of the Maintenance Assessments and Special Cases Regulations
43
In paragraph (1) of regulation 2 of the Maintenance Assessments and Special Cases Regulations (calculation or estimation of amounts), for the words “falls to be taken into account for the purposes of these Regulations” there shall be substituted the words “is to be considered in connection with any calculation made under these Regulations”.
Amendment of regulation 3 of the Maintenance Assessments and Special Cases Regulations
44
For sub-paragraph (c) of paragraph (1) of regulation 3 of the Maintenance Assessments and Special Cases Regulations (calculation of AG) there shall be substituted the following sub-paragraph —
c
an amount equal to the amount specified in paragraph 3(1)(b) of the relevant Schedule.
.
Amendment of regulation 6 of the Maintenance Assessments and Special Cases Regulations
45
In paragraph (2)(b) of regulation 6 of the Maintenance Assessments and Special Cases Regulations (the additional element), for “3(1)(c)(i)” there shall be substituted “3(1)(c)”.
Amendment of Regulation 9 of the Maintenance Assessments and Special Cases Regulations
46
1
Regulation 9 of the Maintenance Assessments and Special Cases Regulations (exempt income: calculation or estimation of E) shall be amended in accordance with the following provisions of this regulation.
2
For head (ii) of paragraph (1)(c) there shall be substituted the following head —
ii
if he were a claimant, the rate of income support family premium specified in sub-paragraph (a) of paragraph 3 of the relevant Schedule would be applicable to him because he is a lone parent and no premium is applicable to him under paragraph 11 of that Schedule,
.
3
In paragraph (1)(f), for the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations” there shall be substituted the words “but he is not a parent to whom sub-paragraph (c) applies”.
Further amendment of regulation 9 of the Maintenance Assessments and Special Cases Regulations
47
1
Regulation 9 of the Maintenance Assessments and Special Cases Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
sub-paragraph (c) shall be omitted;
b
in sub-paragraph (f), the words “but he is not a parent to whom sub-paragraph (c) applies” shall be omitted.
3
In paragraph (2)(c)(iv) after “paragraph 3” there shall be inserted “(1)”.
Amendment of regulation 11 of the Maintenance Assessments and Special Cases Regulations
48
In paragraph (1) of regulation 11 of the Maintenance Assessments and Special Cases Regulations (protected income) —
a
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
where, if the absent parent were a claimant, the rate of income support family premium specified in sub-paragraph (a) of paragraph 3 of the relevant Schedule would be applicable to him because he is a lone parent and no premium is applicable to him under paragraph 11 of that Schedule, an amount equal to the amount specified in that sub-paragraph;
;
b
in sub-paragraph (f), for the words “but he is not a lone parent as defined in regulation 2(1) of the Income Support Regulations” there shall be substituted the words “but he is not a parent to whom sub-paragraph (c) applies”.
Further amendment of regulation 11 of the Maintenance Assessments and Special Cases Regulations
49
1
Regulation 11 of the Maintenance Assessments and Special Cases Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
sub-paragraph (c) shall be omitted;
b
in sub-paragraph (f), the words “but he is not a parent to whom sub-paragraph (c) applies” shall be omitted.
3
In paragraph (3), for the words “sub-paragraphs (c) or (f)” there shall be substituted the words “sub-paragraph (f)”.
Amendment of regulation 15 of the Maintenance Assessments and Special Cases Regulations
50
At the end of paragraph (3) of regulation 15 of the Maintenance Assessments and Special Cases Regulations (amount of housing costs) there shall be added —
but, where that other person does not make those payments in circumstances where head (a) of paragraph 4(2) of Schedule 3 applies, the eligible housing costs of that parent shall include the housing costs for which, because of that failure to pay, that parent is treated as responsible under that head.
.
Amendment of regulation 16 of the Maintenance Assessments and Special Cases Regulations
51
In paragraph (1) of regulation 16 of the Maintenance Assessments and Special Cases Regulations (weekly amount of housing costs) —
a
for the words “Where a parent pays housing costs” there shall be substituted the words “Where housing costs are payable by a parent”;
b
in sub-paragraph (c), for the words “the amount which he pays” there shall be substituted the words “the amount payable”.
Amendment of regulation 19 of the Maintenance Assessments and Special Cases Regulations
52
Paragraph (2)(c) of regulation 19 of the Maintenance Assessments and Special Cases Regulations (both parents are absent) shall be omitted.
Amendment of regulation 22 of the Maintenance Assessments and Special Cases Regulations
53
After paragraph (2A) of regulation 22 of the Maintenance Assessments and Special Cases Regulations (multiple applications relating to an absent parent) there shall be inserted the following paragraphs —
2B
Where —
a
a case is treated as a special case for the purposes of the Act by virtue of paragraph (1);
b
more than one maintenance assessment is in force in respect of the absent parent; and
c
any of those assessments is reviewed under section 16, 17, 18 or 19 of the Act and a fresh assessment is to be made,
the formula set out in paragraph (2) or, as the case may be, paragraph (2ZA) shall be applied to calculate or estimate the amount of child support maintenance payable under that fresh assessment.
2C
Where a maintenance assessment falls within sub-paragraph (b) of paragraph (2B) but it is not reviewed under any of the provisions set out in sub-paragraph (c) of that paragraph, the formula set out in paragraph (2) or, as the case may be, paragraph (2ZA) shall be applied to determine whether that maintenance assessment should be increased or reduced as a result of the making of a fresh assessment under sub-paragraph (c) and any increase or reduction shall take effect from the effective date of that fresh assessment.
.
Amendment of regulation 26 of the Maintenance Assessments and Special Cases Regulations
54
In head (ii) of sub-paragraph (b) of paragraph (1) of regulation 26 of the Maintenance Assessments and Special Cases Regulations (cases where child support maintenance is not to be payable), for “11(1)(c) or (f)” there shall be substituted “11(1)(f)”.
Amendment of regulation 28 of the Maintenance Assessments and Special Cases Regulations
55
In sub-paragraph (b) of paragraph (1) of regulation 28 of the Maintenance Assessments and Special Cases Regulations (amount payable where absent parent is in receipt of income support or other prescribed benefit), for “3(a) or (b)” there shall be substituted “3(1)(a) or (b)”.
Amendment of Schedule 1 to the Maintenance Assessments and Special Cases Regulations
56
1
Schedule 1 to the Maintenance Assessments and Special Cases Regulations (calculation of N and M) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1(2) —
a
at the end of head (a) there shall be added —
except any such payment which is made in respect of housing costs and those housing costs are included in the calculation of the exempt or protected income of the absent parent under regulation 9(1) (b) or, as the case may be, regulation 11(1) (b)
;
b
at the end of head (h) there shall be added —
except any such allowance which is made in respect of housing costs and those housing costs are included in the calculation of the exempt or protected income of the absent parent under regulation 9(1)(b) or, as the case may be, regulation 11(1)(b)
.
3
In paragraph 3(5) —
a
at the beginning of head (b) there shall be inserted the words “subject to head (bb),”;
b
after head (b) there shall be inserted the following head —
bb
where taxable earnings are determined over a period of less or more than one year, the amount of earnings to which each tax rate applies shall be reduced or increased in the same proportion to that which the period represented by the chargeable earnings bears to the period of one year;
.
4
In paragraph 15, for the words “except payments or other amounts which are excluded from the definition of “earnings” by virtue of paragraph 1(2)” there shall be substituted the words
except payments or other amounts which —
are excluded from the definition of “earnings” by virtue of paragraph 1(2);
are excluded from the definition of “the relevant income of a child” by virtue of paragraph 23; or
are the share of housing costs attributed by virtue of paragraph (3) of regulation 15 to any former partner of the parent of the qualifying child in respect of whom the maintenance assessment is made and are paid to that parent.
.
5
In paragraph 20(b), for “3(1)(c)(i)” there shall be substituted “3(1)(c)”.
6
In paragraph 23(b), for the words “in respect of” there shall be substituted the word “to”.
Amendment of Schedule 2 to the Maintenance Assessment and Special Cases Regulations
57
At the end of paragraphs 25 and 44 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations (amounts to be disregarded when calculating or estimating N and M) there shall be added the words “of Schedule 1.”.
Amendment of Schedule 3 to the Maintenance Assessments and Special Cases Regulations
58
1
Schedule 3 to the Maintenance Assessments and Special Cases Regulations (eligible housing costs) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 —
a
for the words “the following payments” there shall be substituted the words “the following amounts payable”;
b
in sub-paragraphs (a) and (k), for the words “payments of, or by way of,” there shall be substituted the words “amounts payable by way of”;
c
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
amounts payable by way of mortgage interest;
;
d
in sub-paragraphs (c) and (d), for the words “interest payments” there shall be substituted the words “amounts payable by way of interest”;
e
in sub-paragraphs (e) to (j), (l), (n) and (p), for the word “payments” there shall be substituted the words “amounts payable”;
f
in sub-paragraph (q), for the word “payment” there shall be substituted the words “amount payable”;
g
in sub-paragraph (r) —
i
for the word “payments” where it first appears there shall be substituted the words “amounts payable”;
ii
for the words “payments made by the employer deducting the payment in question” there shall be substituted the words “any amounts deductible by the employer”;
h
for sub-paragraph (t) there shall be substituted the following sub-paragraph —
t
amounts payable in respect of a loan taken out to pay off another loan but only to the extent that it was incurred in respect of amounts eligible to be taken into account as housing costs by virtue of other provisions of this Schedule.
.
3
In paragraph 3 —
a
in sub-paragraphs (2) and (2A), for the words “makes periodical payments” there shall be substituted the words “is liable to make periodical payments” and for the words “the amount of those payments” there shall be substituted the words “those amounts payable”;
b
in sub-paragraph (3) —
i
for the words “certain payments made” there shall be substituted the words “certain amounts payable”;
ii
for the words “the weekly amount of any other payments which are made” there shall be substituted the words “any other amounts payable”;
c
in sub-paragraphs (4) and (5) for the words “premiums paid” wherever they occur there shall be substituted the words “premiums payable”;
d
in sub-paragraph (6)(b) for the word “payments” there shall be substituted the words “amounts payable”.
Transitional provisions
59
1
A maintenance assessment in force on the first commencement day shall not be reviewed solely to give effect to regulation 42(2)(d), regulation 50 or regulation 56(2), but on a review of that assessment under section 16, 17, 18 or 19 of the Act, those regulations shall apply to any fresh maintenance assessment made following that review from the effective date of that assessment, or from the first day of the first maintenance period which begins on or after the first commencement day, whichever is the later.
2
A maintenance assessment in force on the second commencement day shall not be reviewed solely to give effect to regulations 44, 45, 47, 49, 52, 54, 55 and 56(5), but on a review of that assessment under section 16, 17, 18 or 19 of the Act, those regulations shall apply to any fresh maintenance assessment made following that review from the effective date of that assessment, or from the first day of the first maintenance period which begins on or after the second commencement day, whichever is the later.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
15th January 1998


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Control of Pollution (Channel Tunnel Rail Link) Regulations 1998 and shall come into force on 30th July 1998.
2
In these Regulations —
“ the Act ” means the Water Resources Act 1991;
“the 1996 Regulations ” means the Control of Pollution (Applications, Appeals and Registers) Regulations 1996 ;
“discharge consent” means a consent under Chapter II of Part III of the Act given for the purposes of section 88(1)(a) of that Act on an application for a consent;
“nominated undertaker” means a person specified in an order made under section 34 of the Channel Tunnel Rail Link Act 1996 ;
“the relevant date” has the same meaning as in regulation 3 of the 1996 Regulations;
“the starting date”, in relation to an undertaker’s appeal, means the third working day after the date of receipt by the Secretary of State of the undertaker’s appeal, and “working day” means any day which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ;
“undertaker’s application” means an application by a nominated undertaker for a discharge consent, or the variation of a discharge consent in connection with works authorised by Part I of the Channel Tunnel Rail Link Act 1996; and
“undertaker’s appeal” means an appeal by a nominated undertaker against the determination of any such application by the Agency, or against a decision by the Agency that information relating to any such application is not commercially confidential.
Undertaker’s applications
2
1
The 1996 Regulations and Schedule 10 to the Act (discharge consents) shall have effect in relation to an undertaker’s application with the modifications specified in paragraphs (2) to (6) below.
2
In regulation 3(1) (timing of advertisements) for “28 days” there shall be substituted “21 days”.
3
In regulation 5(4) (period allowed for making representations) for “six weeks” there shall be substituted “five weeks”.
4
In regulation 16(1)(a) (entry of particulars on register) for “28 days” there shall be substituted “21 days”.
5
In regulation 16(1)(c) (entry of particulars on register), in the case of particulars of an undertaker’s application which is not required to be advertised, for “28 days after those particulars become available to the Agency” there shall be substituted “14 days after the relevant date under regulation 3 in relation to the application in question”.
6
For the period of four months beginning at the time specified in paragraph 3(2) (deemed refusal of consent) of Schedule 10 to the Act there shall be substituted —
a
where the Agency has determined in accordance with regulation 4 of the 1996 Regulations that the application is not required to be advertised, the period of four weeks beginning with the relevant date;
b
in any other case, the period of fourteen weeks beginning with the relevant date,
and consequently regulation 3(6) of the 1996 Regulations shall not apply.
Undertaker’s appeals
3
1
The Secretary of State shall upon receipt of notice of an undertaker’s appeal forthwith serve notice on the appellant and the Agency stating the starting date for the appeal; and the 1996 Regulations shall have effect in relation to such an appeal with the modifications specified in paragraphs (2) to (8) below.
2
At the end of regulation 1(2) (interpretation) there shall be inserted ““the starting date”, in relation to an appeal, has the same meaning as in regulation 1(2) of the Control of Pollution (Channel Tunnel Rail Link) Regulations 1998.”
3
In regulation 10(1) (notice of appeal to be given by the Agency) for “within 14 days of receipt of the copy of the notice of appeal in accordance with regulation 8(4)” there shall be substituted “not later than 7 days after the starting date for the appeal”.
4
In regulation 10(2)(b)(i) (period for making representations to the Secretary of State) for “21 days” there shall be substituted “14 days”.
5
In regulation 10(3) (notification of Secretary of State) —
a
for “within 14 days of sending a notice under paragraph (1) above” there shall be substituted “not later than 7 days after the starting date for the appeal”; and
b
for “such a notice” there shall be substituted “a notice under paragraph (1) above”.
6
In regulation 11(1)(b) (period for the Agency to submit written representations) for “not later than 28 days after receiving a copy of the notice of appeal in accordance with regulation 8(4)” there shall be substituted “not later than 21 days after the starting date for the appeal”.
7
In regulation 11(2) (period for the appellant to submit further representations by way of reply) for “14 days” there shall be substituted “7 days”.
8
In regulation 11(3) (period for the appellant and the Agency to submit further representations) for “14 days” there shall be substituted “7 days”.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,Department of the Environment, Transport and the Regions
7th July 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust (Establishment) Order 1998 and shall come into force on 10th December 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 10th December 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called The Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be to provide and manage pursuant to section 5(1)(b) of the Act Trust Headquarters, Ikea Tower, 255 North Circular Road, Brent Park, London NW10 0JQ, and associated hospitals, establishments and facilities, and from there to provide and manage hospital accommodation and services and to provide and manage community health services.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(2)(a) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance by Health Authorities before operational date
7
1
The Kensington & Chelsea and Westminster Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
30th November 1998


text:
Title and Commencement
1
These Regulations may be cited as the Judicial Pensions (Contributions) Regulations 1998 and shall come into force on 1st August 1998.
Interpretation
2
1
In these Regulations —
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993 and any reference to a Part or section by number alone shall be construed as a reference to the Part or section so numbered in that Act;
“contribution” means a contribution towards the cost of the liability for a surviving spouse’s or children’s pension;
“former scheme” and “last existing scheme” have the meanings given to them in the Transfer Regulations ;
“lump sum” means the lump sum payable under section 4 on the retirement or death of an office holder;
“normal pension age” means the earliest age at which an office holder would be able to retire with a pension immediately payable under section 2(1);
“notional service” means the period of service credited to an office holder who transfers into the Part I scheme from another judicial pension scheme, on the date of his transfer into that scheme, calculated in accordance with the Transfer Regulations;
“office holder” means a person serving in an office in respect of which a surviving spouse’s or children’s pension may be granted under Part I;
“Part I scheme” means the pension scheme constituted under Part I;
“preservation order” means an order made, or treated as being made, under section 72 of the Pensions Act 1995 or article 72 of the Pensions (Northern Ireland) Order 1995 providing for a reduced pension and derivative benefits to be preserved and become payable in the case of a member of the Part I scheme who ceases to hold qualifying judicial office before normal pension age;
“responsible authority” means, in relation to an office holder, the person or body responsible for paying his salary;
“the Transfer Regulations” means the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995 .
2
A reference to actual service in the Part I scheme includes, unless otherwise specified, periods of service for which an office holder is deemed to have made contributions under regulation 7.
3
References in these Regulations to compound interest shall mean compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme .
Scope of Regulations, and revocation
3
1
In this regulation, “the 1995 Regulations ” mean the Judicial Pensions (Contributions) Regulations 1995 and the Judicial Pensions (Contributions) (Amendment) Regulations 1995 .
2
Subject to regulation 4, these Regulations apply to all office holders who are members of the Part I scheme and who have not ceased to hold qualifying judicial office at the date of the coming into force of these Regulations.
3
The 1995 Regulations are revoked but without prejudice to their continued application to any office holder —
a
by or in respect of whom an option is made under regulation 4 to have his contributions liability assessed under the 1995 Regulations; or
b
who ceases to hold qualifying judicial office before the coming into force of these Regulations.
Transitional provisions
4
1
An office holder who is a member of the Part I scheme by virtue of section 1(1)(b), (c) or (d), and who transferred into the Part I scheme before the coming into force of these Regulations, may opt to have his contributions liability assessed as if the 1995 Regulations were still in force and these Regulations had never been made.
2
If an office holder to whom paragraph (1) applies has died without having made an option, an option may be made by his personal representatives.
3
An option must be made in writing to the scheme administrators no later than 3 months after the date that the office holder ceased to hold qualifying judicial office.
4
An option made under this regulation shall be irrevocable.
Scheme of Regulations
5
1
While an office holder is a member of the Part I scheme he shall make periodical contributions in accordance with regulation 6.
2
Where an office holder transfers into the Part I scheme from another judicial pension scheme (“a transferring member”) he shall be given a credit in respect of contributions he has made whilst a member of that, and any previous, judicial pension scheme. This is called a contributions credit and is expressed as a period of time and calculated in accordance with regulations 9 and 10.
3
Where this period of time is less than the notional service of a transferring member, he may make additional contributions in accordance with regulation 11.
4
Where a transferring member ceases to hold qualifying judicial office there shall be calculated —
a
the period for which he was liable to make contributions (“the contributions liability period”) in accordance with regulation 12; and
b
the period for which he has made or is deemed to have made contributions (“the contributions payment period”) in accordance with regulation 13(2).
5
The contributions liability period shall then be compared, in accordance with regulation 13, with the contributions payment period and —
a
if the contributions liability period is the lesser period, or there is no contributions liability period, then a refund of contributions shall be made in accordance with regulation 13; and
b
if the contributions liability period is the greater period, the deficit of contributions shall be deducted from the lump sum payable to or in respect of the transferring member, in accordance with regulation 14, on his ceasing to hold qualifying judicial office.
6
Regulation 15 deals with circumstances in which contributions will be refunded to members who are not transferring members, and regulation 16 makes provision for a former holder of the office of Lord Chancellor.
Rate of contributions under section 9
6
1
Contributions under section 9 shall be made at a rate of 3% of the office holder’s pension-capped salary for the time being as it becomes due throughout his service in qualifying judicial office while a member of the Part I scheme, until —
a
the office holder ceases to hold qualifying judicial office; or
b
the office holder has made contributions for a period of 20 years;
whichever occurs first.
2
The responsible authority shall deduct contributions from the salary of the office holder.
3
Where an office holder has a contributions credit, as referred to in regulation 9(3), then for the purpose of paragraph (1)(b) above, he shall be taken to have made contributions for the total length of the contributions credit.
Periods for which contributions are deemed to have been made to the Part I scheme
7
1
An office holder shall be deemed to have made contributions in respect of any period by which his service is increased in accordance with the provisions of section 2(7)(c).
2
Where an office holder acquires an additional period of service in the Part I scheme by virtue of any additional voluntary contributions made by him while a member of that scheme he shall be deemed to have made contributions to the Part I scheme for the length of the additional period of service which he has acquired.
3
Where, under these regulations, an office holder is entitled to a refund of contributions, he shall not be entitled to a refund of any contributions which he is deemed to have made under this regulation.
Provisions relating to contributions of members who transfer into the Part I scheme
8
Regulations 9 to 14 shall apply to office holders to whom Part I applies by virtue of section 1(1)(b), (c) or (d).
Contributions credit
9
1
A contributions credit shall be calculated in respect of an office holder in relation to each of —
a
his last existing scheme; and
b
any former scheme.
2
The contributions credits shall be calculated at the date of entry of the office holder into the Part I scheme.
3
The total length of an office holder’s contributions credit shall be the sum of his contributions credits from his last existing scheme and any former schemes calculated in accordance with regulation 10.
Calculation of contributions credit
10
1
A contributions credit shall be calculated in accordance with this regulation.
2
There shall be ascertained —
a
in respect of each former scheme of which the office holder was a member; and
b
in respect of the last existing scheme;
the length of each period of service during which the office holder paid contributions (excluding additional voluntary contributions) by way of periodical deductions from salary at a particular percentage rate of salary.
3
The length of each such period of service shall be expressed in years and fractions of a year.
4
Each such period of service shall then be multiplied by A/3, to give the credit for that period of service, where A is the percentage rate of salary at which contributions were paid during that period.
5
Where an office holder has a period of notional service in respect of a former scheme or his last existing scheme which is attributable to the payment by him of additional voluntary contributions while a member of that scheme he shall be given a credit equal to that period of notional service.
Additional contributions
11
1
If the total length of an office holder’s contributions credit on transfer into the Part I scheme is less than the length of his notional service he may, within 6 months of the date of his transfer, elect to make additional contributions.
2
An election shall be made in writing to the responsible authority and may be revoked or varied at any time by the office holder by notice in writing to that authority.
3
An office holder may not exceed the maximum contributions limit of 15% of pension-capped salary and for this purpose there shall be taken into account, in addition to contributions made in accordance with regulation 6, any contributions being made in respect of any schemes constituted by the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 .
4
Subject to paragraph (3), an office holder may make additional contributions at a rate not exceeding 12% of his pension-capped salary.
5
An election shall, if it has not been previously revoked, cease to have effect when the office holder has made additional contributions for a period equal in length to the period by which the length of his notional service exceeds the total length of his contributions credit.
6
An office holder making additional contributions at a rate of 3% shall be treated as making additional contributions for one year for every year that contributions are made at that rate.
7
An office holder making additional contributions at a rate other than 3% shall be treated as making additional contributions, for every year that contributions are made at that rate, for a period which bears the same proportion to one year as the rate at which he is making additional contributions bears to 3%.
8
Where an office holder makes additional contributions for a part of a year, the period of years for which he is treated as making additional contributions is reduced proportionately.
Contributions liability period
12
1
When an office holder ceases to hold qualifying judicial office, his contributions liability period shall be assessed in accordance with this regulation.
2
For the purposes of this regulation, where an office holder has had both a last existing scheme and one or more former schemes, the date of commencement of notional service shall be calculated on the basis that —
a
that part of his notional service which relates to the former scheme of which he was a member immediately before entering the last existing scheme ends on the day immediately before the first day of notional service attributable to the last existing scheme; and
b
each part of his notional service which relates to a previous former scheme ends on the day immediately before the first day of notional service attributable to the former scheme of which he was next a member;
with the result that no periods of notional service overlap and his total period of notional service is continuous.
3
An office holder shall have no contributions liability period if —
a
he is unmarried at the date that he ceases to hold qualifying judicial office; and
b
he has never had either a spouse or eligible children during his period of actual service in such office.
4
The contributions liability period of an office holder who —
a
at the date he ceases to hold qualifying judicial office, is unmarried and has no eligible children; but
b
during some period or periods of his service in such office has had either a spouse or eligible children;
shall be calculated in accordance with paragraphs (5) to (7) subject, in each case, to a maximum of 20 years.
5
The contributions liability period of an office holder to whom paragraph (4) applies and who last ceased to have either a spouse or eligible children while a member of a former scheme shall be calculated by —
a
ascertaining his period of actual service in each former scheme up to the date he last ceased to have either a spouse or eligible children;
b
multiplying each such period of service by the factor, determined in accordance with regulations 4 and 6 of the Transfer Regulations, used to convert actual service in the former scheme in question into a period of notional service in the Part I scheme; and
c
adding together the resulting figures for each former scheme.
6
The contributions liability period of an office holder to whom paragraph (4) applies and who last ceased to have either a spouse or eligible children while a member of a last existing scheme shall be calculated by —
a
ascertaining his period of actual service in each former scheme and multiplying each period of service by the factor, determined in accordance with regulations 4 and 6 of the Transfer Regulations, used to convert actual service in the former scheme in question into a period of notional service in that Part I scheme;
b
ascertaining his period of actual service in the last existing scheme up to the date he last ceased to have either a spouse or eligible children and multiplying it by the factor, determined in accordance with regulations 4 and 5 of the Transfer Regulations, used to convert actual service in the last existing scheme into a period of notional service in the Part I scheme; and
c
adding together the resulting figures for each former scheme and the last existing scheme.
7
The contributions liability period of an offfice holder to whom paragraph (4) applies and who last ceased to have either a spouse or eligible children while a member of the Part I scheme shall be the total period of notional service and actual service in the Part I scheme up to the date he last ceased to have either a spouse or eligible children.
8
The contributions liability period of an office holder who is married at the date of his retirement or death in service shall be the total period of his notional service and actual service in the Part I scheme, subject to a maximum of 20 years beginning with the date of commencement of his notional service.
9
The contributions liability period of an office holder who —
a
is married at the date he ceases to hold qualifying judicial office;
b
ceases to hold such office before attaining his normal pension age; and
c
is eligible for preserved pension benefits under a preservation order;
shall be the total period of his notional service and actual service in the Part I scheme subject to a maximum of 20 years beginning with the date of commencement of his notional service, but subject to paragraph (10) below.
10
In respect of an office holder to whom paragraph (9) applies, where the period between the commencement of notional service and his normal pension age exceeds 20 years, the contributions liability period shall be the period that is determined in accordance with paragraph (9) multiplied by 20/X where X is the period (expressed in years and fractions of a year) between the commencement of notional service and his normal pension age.
Contributions adjustment
13
1
When an office holder ceases to hold qualifying judicial office there shall be calculated a contributions payment period except where the office holder has no contributions liability period.
2
The contributions payment period of an office holder shall be the sum of —
a
the total length of his contributions credit;
b
the total period or periods during which he made actual contributions as a member of the Part I scheme; and
c
the period or periods (if any) for which he is treated as making contributions by virtue of regulation 11.
3
Where the contributions payment period is less than the office holder’s contributions liability period, the deficit of contributions, calculated in accordance with regulation 14, shall be deducted from the lump sum otherwise payable to or in respect of the office holder.
4
Where the contributions payment period exceeds the office holder’s contributions liability period, any periodical contributions made by him for the period —
a
which is equal to the excess period; and
b
which ends on the date he last made contributions;
shall be refunded together with compound interest.
5
Where an office holder has no contributions liability period any periodical contributions made by him shall be refunded together with compound interest.
6
The scheme administrators shall pay any refunds due under this regulation to the office holder or, if he has died, to —
a
the person nominated by him for the purpose of section 4(3); or
b
in default of nomination, his personal representatives.
7
The scheme administrators shall, in making any refunds in pursuance of this regulation, deduct the appropriate amount in respect of tax charged under section 598 of the Income and Corporation Taxes Act 1988 .
Contributions out of lump sum
14
Where regulation 13(3) applies, the deficit of contributions to be deducted from the lump sum otherwise payable to or in respect of the office holder shall be calculated in accordance with the formula (F×P)×3% where —
a
F is the difference (in years and fractions of a year) between his contributions liability period and his contributions payment period; and
b
P is his pensionable pay at the time he ceases to hold qualifying judicial office.
Refund of contributions — section 1(1)(a) office holders
15
1
This regulation applies to office holders to whom Part I applies by virtue of section 1(1)(a).
2
Contributions made by an office holder who —
a
is unmarried at the date that he ceases to hold qualifying judicial office; and
b
never had either a spouse or eligible children during his service in such office;
shall be refunded together with compound interest.
3
Where, at the date he ceases to hold qualifying judicial office, an office holder —
a
is unmarried; and
b
has no eligible children,
but during some period or periods of his service in such office has had either a spouse or eligible children, there shall be refunded, together with compound interest, contributions made from the date on which he last ceased to have either a spouse or eligible children.
4
Where an office holder —
a
is married at the date he ceases to hold qualifying judicial office;
b
ceases to hold such office before his normal pension age; and
c
is eligible for preserved pension benefits under a preservation order;
there shall be refunded, together with compound interest, the contributions that are attributable to the period of service being the period (if any) by which Y exceeds
( ( Y / Z ) × 20 )
where —
Y is the length of actual service of the office holder while a member of the Part I scheme;
Z is the length of service which the office holder would have served as a member of the Part I scheme if that service had continued until his normal pension age; and
the periods Y and (Y/Z) begin on the first day of service while a member of the Part I scheme.
5
In calculating Y and Z in paragraph (4), there shall be excluded any periods of service for which an office holder is deemed to have made contributions under regulation 7.
6
Regulations 13(6) and 13(7) shall apply to any refunds made in pursuance of this regulation as they apply to refunds made in pursuance of regulation 13.
Lord Chancellor
16
1
This regulation applies to any office holder who is appointed to qualifying judicial office on or after the appointed day who previously held the office of Lord Chancellor.
2
For the purposes of these Regulations —
a
the service by the office holder as Lord Chancellor shall be treated as if it were service by him in a last existing scheme; and
b
the period of notional service of the office holder in respect of the office of Lord Chancellor shall be his actual period or periods of service in that office.
3
Where an office holder had service in qualifying judicial office prior to his appointment as Lord Chancellor and is subsequently re-appointed to a qualifying judicial office under Part I —
a
the service credit in respect of the previous office or offices shall be calculated in accordance with the Transfer Regulations; and
b
for the purpose of calculating his contributions credit, service in such office or offices shall be treated as if it were service in a last existing scheme.
Irvine of Lairg, C.
Dated 7th May 1998
Donald C. Dewar
One of Her Majesty’s Principal Secretaries of State
Dated 6th May 1998
We concur
Bob Ainsworth
John McFall
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 13th May 1998


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation (No. 2) Order 1998 and shall come into force on 22nd September 1998.
2
The Centre for Information on Language Teaching and Research, a registered charity , is hereby designated as an institution eligible for funding under Part 1 of the Education Act 1994.
Tessa Blackstone
Minister of State,
Department for Education and Employment
28th August 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Copeland (Electoral Changes) Order 1998.
2
This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after the day on which it is made.
3
In this Order–
“the borough” means the borough of Copeland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Copeland (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Copeland
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-five wards which shall bear the names set out in column (1) of Schedule (1).
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parish wards, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Egremont
3
1
The existing wards of the parish of Egremont shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be five.
Wards of the parish of St Bees
4
1
The parish of St Bees shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3.
2
The parish wards shall comprise the areas described in column (2) of that Schedule by reference to wards of the borough, and the numbers of councillors to be elected for each ward shall be the number specified in column (3) of that Schedule.
Wards of the parish of St John Beckermet
5
1
The parish of St John Beckermet shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4.
2
The parish wards shall comprise the areas described in column (2) of that Schedule by reference to wards of the borough, and the numbers of councillors to be elected for each ward shall be the number specified in column (3) of that Schedule.
Wards of the parish of Millom Without
6
1
The parish of Millom Without shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5.
2
The parish wards shall comprise the areas described in column (2) of that Schedule by reference to wards of the borough, and the numbers of councillors to be elected for each ward shall be the number specified in column (3) of that Schedule.
Revocation
7
The Borough of Copeland (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998