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	Statutory Rules of Northern Ireland
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"the Children Order" means the Children (Northern Ireland) Order 1995[3];

"the Act" means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[4];

"date of notification to the non-resident parent" means the date on which the non-resident parent is first given notice of a maintenance application;

"effective application" means as provided for in regulation 3;

"date of receipt" means the day on which the information or document is actually received;

"effective date" means the date on which a maintenance calculation takes effect for the purposes of the Order;

"notice of a maintenance application" means notice by the Department under regulation 5(1) that an application for a maintenance calculation has been made, or treated as made, in relation to which the non-resident parent is named as a parent of the child to whom the application relates;

"the Maintenance Calculations and Special Cases Regulations" means the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[5];

"maintenance period" has the same meaning as in Article 19(4A) of the Order[6];

"relevant person" means - 

(a) a person with care;

(b) a non-resident parent;

(c) a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations,

in respect of whom a maintenance calculation has been applied for, or has been treated as applied for under Article 9(3) of the Order, or is or has been in force.

    (3) The provisions in Schedule 1 shall have effect to supplement the meaning of "child" in Article 3 of the Order.

Documents
     2. Except where otherwise stated, where - 

(a) any document is given or sent to the Department, that document shall be treated as having been so given or sent on the day that it is received by the Department; and

(b) any document is given or sent to any other person, that document shall, if sent by post to that person's last known or notified address, be treated as having been given or sent on the day that it is posted.

£30 where there is one qualifying child of the non-resident parent;

£40 where there are two qualifying children of the non-resident parent;

£50 where there are three or more qualifying children of the non-resident parent,

apportioned, where the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, as provided in paragraph 6(2) of Part I of Schedule 1 to the Order[10].

    (3) Subject to paragraph (4), where any apportionment made under this regulation results in a fraction of a penny that fraction shall be treated as a penny if it is either one half or exceeds one half, otherwise it shall be disregarded.

    (4) If, in making the apportionment required by this regulation, the effect of the application of paragraph (3) would be such that the aggregate amount of child support maintenance payable by a non-resident parent would be different from the aggregate amount payable before any apportionment, the Department shall adjust that apportionment so as to eliminate that difference; and that adjustment shall be varied from time to time so as to secure that, taking one week with another and so far as is practicable, each person with care receives the amount which each person with care would have received if no adjustment had been made under this paragraph.

"the Income Support Regulations" means the Income Support (General) Regulations (Northern Ireland) 1987[11];

"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations (Northern Ireland) 1996[12];

"parent concerned" means the parent with respect to whom a reduced benefit decision is given;

"reduced benefit decision" has the same meaning as in Article 43(10)(b) of the Order; and

"relevant benefit" has the same meaning as in Article 43(10)(c) of the Order.

    (2) In this Part references to a reduced benefit decision as being "in operation", "suspended" or "in force" shall be construed as follows - 

(a) a reduced benefit decision is "in operation" if, by virtue of that decision, relevant benefit is currently being reduced;

(b) a reduced benefit decision is "suspended" if - 


(i) after that decision has been given, relevant benefit ceases to be payable, or becomes payable at one of the rates indicated in regulation 14(4) or, as the case may be, regulation 15(4);

(ii) at the time the reduced benefit decision is given, relevant benefit is payable at one of the rates indicated in regulation 15(4) or, as the case may be, regulation 16(4),



and these Regulations provide for relevant benefit payable from a later date to be reduced by virtue of the same reduced benefit decision; and

(c) a reduced benefit decision is "in force" if it is either in operation or suspended.

Period within which reasons are to be given
     9. The period specified for the purposes of Article 43(2) of the Order (for the parent with care to supply reasons) is 4 weeks from the date on which the Department serves notice under that paragraph.

Circumstances in which a reduced benefit decision shall not be given
     10. The Department shall not give a reduced benefit decision where - 

(a) income support is paid to, or in respect of, the parent in question and the applicable amount of the claimant for income support includes one or more of the amounts set out in paragraph 15(3), (4) or (6) of Part IV of Schedule 2 to the Income Support Regulations[13]; or

(b) an income-based jobseeker's allowance is paid to, or in respect of, the parent in question and the applicable amount of the claimant for an income-based jobseeker's allowance includes one or more of the amounts set out in paragraph 20(4), (5) or (7) of Schedule 1 to the Jobseeker's Allowance Regulations[14].

Amount of and period of reduction of relevant benefit under a reduced benefit decision
     11.  - (1) The reduction in the amount payable by way of a relevant benefit to, or in respect of, the parent concerned and the period of such reduction by virtue of a reduced benefit decision shall be determined in accordance with paragraphs (2) to (8).

    (2) Subject to paragraph (6) and regulations 12 to 14 and 15, there shall be a reduction for a period of 156 weeks from the day specified in the reduced benefit decision under the provisions of Article 43(8) of the Order in respect of each such week equal to - 

B is an amount equal to the weekly amount in relation to the week in question, specified in column (2) of paragraph 1(1)(e) of Schedule 2 to the Income Support Regulations[15].

    (3) Subject to paragraph (4), a reduced benefit decision shall come into operation on the first day of the second benefit week following the date of the reduced benefit decision.

    (4) Subject to paragraph (5), where a reduced benefit decision ("the subsequent decision") is made on a day when a reduced benefit decision ("the earlier decision") is in force in respect of the same parent, the subsequent decision shall come into operation on the day immediately following the day on which the earlier decision ceased to be in force.

    (5) Where the relevant benefit is income support and the provisions of regulation 26(2) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[16] (deferment of payment of different amount of income support) apply, a reduced benefit decision shall come into operation on such later date as may be determined by the Department in accordance with those provisions.

    (6) Where the benefit payable is income support or an income-based jobseeker's allowance and there is a change in the benefit week whilst a reduced benefit decision is in operation, the period of the reduction specified in paragraph (2) shall be a period greater than 155 weeks but less than 156 weeks and ending on the last day of the last benefit week falling entirely within the period of 156 weeks specified in that paragraph.

    (7) Where the weekly amount specified in column (2) of paragraph 1(1)(e) of Schedule 2 to the Income Support Regulations changes on a day when a reduced benefit decision is in operation, the amount of the reduction of income support or income-based jobseeker's allowance shall be changed from the first day of the first benefit week to commence for the parent concerned on or after the day that weekly amount changes.

    (8) Only one reduced benefit decision in relation to a parent concerned shall be in force at any one time.

Modification of reduction under a reduced benefit decision to preserve minimum entitlement to relevant benefit
     12. Where in respect of any benefit week the amount of the relevant benefit that would be payable after it has been reduced following a reduced benefit decision would, but for this regulation, be nil or less than the minimum amount of that benefit that is payable as determined - 

(a) in the case of income support, by regulation 26(4) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987;

(b) in the case of an income-based jobseeker's allowance, by regulation 87A of the Jobseeker's Allowance Regulations[17],

the amount of that reduction shall be decreased to such extent as to raise the amount of that benefit to the minimum amount that is payable.

Suspension of a reduced benefit decision when relevant benefit ceases to be payable
     13.  - (1) Where relevant benefit ceases to be payable to, or in respect of, the parent concerned at a time when a reduced benefit decision is in operation, that reduced benefit decision shall, subject to paragraph (2), be suspended for a period of 52 weeks from the date the relevant benefit ceased to be payable.

    (2) Where a reduced benefit decision has been suspended for a period of 52 weeks and no relevant benefit is payable at the end of that period, it shall cease to be in force.

    (3) Where a reduced benefit decision is suspended and relevant benefit again becomes payable to, or in respect of, the parent concerned, the amount payable by way of that benefit shall, subject to regulations 14 and 15, be reduced in accordance with that reduced benefit decision for the balance of the reduction period.

    (4) The amount or, as the case may be, the amounts of that reduction to be made during the balance of the reduction period shall be determined in accordance with regulation 11(2).

    (5) No reduction in the amount of benefit under paragraph (3) shall be made before the expiry of a period of 14 days from service of the notice specified in paragraph (6), and the provisions of regulation 11(3) shall apply as to the date the reduced benefit decision again comes into operation.

    (6) Where relevant benefit again becomes payable to, or in respect of, a parent with respect to whom a reduced benefit decision is suspended, that parent shall be notified in writing by the Department that the amount of relevant benefit paid to, or in respect of, that parent will again be reduced, in accordance with the provisions of paragraph (3), if that parent falls within Article 43(1) of the Order.

Suspension of a reduced benefit decision when a modified applicable amount is payable (income support)
     14.  - (1) Where a reduced benefit decision is given or is in operation at a time when income support is payable to, or in respect of, the parent concerned but that parent's applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that decision shall be suspended for so long as the applicable amount falls to be calculated under the provisions mentioned in that paragraph, or 52 weeks, whichever period is the shorter.

    (2) Where a reduced benefit decision is given or is in operation at a time when income support is payable to, or in respect of, the parent concerned, but that parent's applicable amount includes a residential allowance under regulation 17 of, and paragraph 2A of Schedule 2 to, the Income Support Regulations[18] (applicable amounts for persons in residential care and nursing homes), that decision shall be suspended for as long as the applicable amount includes a residential allowance under that regulation and Schedule 2, or 52 weeks, whichever period is the shorter.

    (3) Where a case falls within paragraph (1) or (2) and a reduced benefit decision has been suspended for 52 weeks, it shall cease to be in force.

    (4) The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under - 

(a) regulation 19 of, and Schedule 4 to, the Income Support Regulations (applicable amounts for persons in residential care and nursing homes)[19];

(b) regulation 21 of, and paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations (patients)[20];

(c) regulation 21 of, and paragraphs 10B, 10C and 13 of Schedule 7 to, the Income Support Regulations (persons in residential accommodation)[21].

Suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker's allowance)
     15.  - (1) Where a reduced benefit decision is given or is in operation at a time when an income-based jobseeker's allowance is payable to, or in respect of, the parent concerned but that parent's applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that reduced benefit decision shall be suspended for so long as the applicable amount falls to be calculated under those provisions, or 52 weeks, whichever is the shorter.

    (2) Where a reduced benefit decision is given or is in operation at a time when an income-based jobseeker's allowance is payable to, or in respect of, the parent concerned but that parent's applicable amount includes a residential allowance under regulation 83(c) of, and paragraph 3 of Schedule 1 to, the Jobseeker's Allowance Regulations (persons in residential care or nursing homes)[22], that reduced benefit decision shall be suspended for so long as the applicable amount includes such a residential allowance, or 52 weeks, whichever is the shorter.

    (3) Where a case falls within paragraph (1) or (2) and a reduced benefit decision has been suspended for 52 weeks, it shall cease to be in force.

    (4) The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under - 

(a) regulation 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker's Allowance Regulations (patients)[23];

(b) regulation 85 of, and paragraphs 8, 9 or 15 of Schedule 4 to, the Jobseeker's Allowance Regulations (persons in residential accommodation)[24]; or

(c) regulation 86 of, and Schedule 3 to, the Jobseeker's Allowance Regulations (applicable amounts for persons in residential care and nursing homes)[25].

Termination of a reduced benefit decision
     16. A reduced benefit decision shall cease to be in force - 

(a) where the parent concerned - 


(i) withdraws that parent's request under Article 9(5) of the Order;

(ii) complies with that parent's obligation under Article 9(7) of the Order, or

(iii) consents to take a scientific test (within the meaning of Article 27A of the Order[26]);



(b) where following written notice under Article 43(6)(b) of the Order, the parent concerned responds to such notice and the Department considers there are reasonable grounds; or

(c) subject to regulation 13, where relevant benefit ceases to be payable to, or in respect of, the parent concerned.

Reduced benefit decisions where there is an additional qualifying child
     17.  - (1) Where a reduced benefit decision is in operation, or would be in operation but for the provisions of regulations 14 and 15, and the Department gives a further reduced benefit decision with respect to the same parent concerned in relation to an additional qualifying child of whom that parent is a parent with care, the earlier reduced benefit decision shall cease to be in force.

    (2) Where a further reduced benefit decision comes into operation in a case falling within paragraph (1), the provisions of regulation 11 shall apply to it.

    (3) Where - 

(a) a reduced benefit decision ("the earlier decision") has ceased to be in force by virtue of regulation 13(2); and

(b) the Department gives a further reduced benefit decision ("the further decision") with respect to the same parent concerned where that parent falls within Article 43(1) of the Order,

as long as the further decision remains in force, no additional reduced benefit decision shall be brought into force with respect to that parent in relation to one or more children to whom the earlier decision was given.

    (4) Where a case falls within paragraph (1) or (3) and the further decision, but for the provisions of this paragraph, would cease to be in force by virtue of the provisions of regulation 16, but the earlier decision would not have ceased to be in force by virtue of the provisions of regulation 16, the further reduced benefit decision shall remain in force for a period calculated in accordance with regulation 11.

    (5) In this regulation "additional qualifying child" means a qualifying child of whom the parent concerned is a parent with care and who was either not such a qualifying child at the time the earlier decision was given or had not been born at the time the earlier decision was given.

Suspension and termination of a reduced benefit decision where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with care
     18.  - (1) Where a reduced benefit decision is in operation and - 

(a) there is, in relation to that decision, only one qualifying child, and that child ceases to be a child within the meaning of the Order; or

(b) the parent concerned ceases to be a person with care,

the decision shall be suspended from the last day of the benefit week during the course of which the child ceases to be a child within the meaning of the Order, or the parent concerned ceases to be a person with care, as the case may be.

    (2) Where, under the provisions of paragraph (1), a decision has been suspended for a period of 52 weeks and no relevant benefit is payable at that time, it shall cease to be in force.

    (3) If during the period specified in paragraph (2) the former child again becomes a child within the meaning of the Order or the parent concerned again becomes a person with care and relevant benefit is payable to, or in respect of, that parent, a reduction in the amount of that benefit shall be made in accordance with the provisions of regulation 13(3) to (6).

Notice of termination of a reduced benefit decision
     19. Where a reduced benefit decision ceases to be in force under the provisions of regulation 16, 17 or 18 the Department shall serve notice of this on the parent concerned and shall specify the date on which the reduced benefit decision ceases to be in force.

Rounding provisions
     20. Where any calculation made under this Part results in a fraction of a penny, that fraction shall be treated as a penny if it exceeds one half and shall otherwise be disregarded.

Authorisation of representative
     22.  - (1) A person may authorise a representative, whether or not legally qualified, to receive notices and other documents on his behalf and to act on his behalf in relation to the making of applications and the supply of information under any provisions of the Order or these Regulations.

    (2) Where a person has authorised a representative for the purposes of paragraph (1) who is not legally qualified, he shall confirm that authorisation in writing to the Department.

(a) the effective date of the maintenance calculation;

(b) where relevant, the non-resident parent's net weekly income;

(c) the number of qualifying children;

(d) the number of relevant other children;

(e) the weekly rate;

(f) the amounts calculated in accordance with Part I of Schedule 1 to the Order and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Child Support (Variations) Regulations (Northern Ireland) 2001[28];

(g) where the weekly rate is adjusted by apportionment or shared care, or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Order; and

(h) where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 or 11 of the Maintenance Calculations and Special Cases Regulations (care provided in part by an authority and non-resident parent liable to pay maintenance under a maintenance order), the adjustment calculated in accordance with that regulation.

    (2) A notification of a maintenance calculation made under Article 14(1) of the Order (default maintenance decision) shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based, whether any apportionment has been applied under regulation 7 and shall state the nature of the information required to enable a decision under Article 13 of the Order to be made by way of Article 18 of the Order.

    (3) Except where a person gives written permission to the Department that the information in relation to him, mentioned in sub-paragraphs (a) and (b), may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) 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 officer concerned who is exercising functions of the Department under the Order) 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.

    (4) Where a decision as to a maintenance calculation is made under Article 13 or 14 of the Order, a notification under paragraph (1) or (2) shall include information as to the provisions of Articles 18, 19 and 22 of the Order[29].

(a) made under Article 7 of the Order by a person with care; or

(b) treated as made under Article 9(3) of the Order,

the effective date of the maintenance calculation shall be the date of notification to the non-resident parent.

    (4) For the purposes of this regulation, where the Department is satisfied that a non-resident parent has intentionally avoided receipt of a notice of a maintenance application it may determine the date of notification to the non-resident parent as the date on which the notification would have been given to him but for such avoidance.

    (5) Where in relation to a decision made under Article 13 of the Order a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Order[32] applies, the effective date of the calculation shall be the beginning of the maintenance period in which the change of circumstance to which the calculation relates occurred or is expected to occur.

Effective dates of maintenance calculations  -  maintenance order and application under Article 7
     25.  - (1) This regulation applies, subject to regulation 27, where - 

(a) no maintenance calculation is in force with respect to the person with care or the non-resident parent;

(b) an application for a maintenance calculation is made under Article 7 of the Order; and

(c) there is a maintenance order in force, made on or after the date prescribed for the purposes of Article 7(10)(a) of the Order[33], in relation to the person with care and the non-resident parent and that order has been in force for at least one year prior to the date the application for a maintenance calculation is made.

    (2) The effective date of the maintenance calculation shall be 2 months and 2 days after the application is made.

Effective dates of maintenance calculations  -  maintenance order and application under Article 9
     26.  - (1) This regulation applies, subject to regulation 27, where - 

(a) the circumstances set out in regulation 25(1)(a) apply;

(b) an application for a maintenance calculation is treated as made under Article 9(3) of the Order; and

(c) there is a maintenance order in force in relation to the person with care and the non-resident parent.

    (2) The effective date of the maintenance calculation shall be 2 days after the maintenance calculation is made.

Effective dates of maintenance calculations  -  maintenance order ceases
     27. Where - 

(a) a maintenance calculation is made; and

(b) there was a maintenance order in force in relation to the person with care and the non-resident parent which ceased to have effect after the date on which the application for the maintenance calculation was made but before the effective date provided for in regulation 24 or 25 as the case may be,

the effective date of the maintenance calculation shall be the day following that on which the maintenance order ceased to have effect.

Effective dates of maintenance calculations in specified cases
     28. Where an application for a maintenance calculation is made under Article 7 of the Order, or treated as made under Article 9(3) of the Order - 

(a) except where the parent with care has made a request under Article 9(5) of the Order, where in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, there has been in force a maintenance calculation in respect of the same non-resident parent and child but a different person with care, the effective date of the maintenance calculation made in respect of the application shall be the day following the day on which the previous maintenance calculation ceased to have effect;

(b) where a maintenance calculation ("the existing calculation") is in force with respect to the person who is the person with care in relation to the application but who is the non-resident parent in relation to the existing calculation, the effective date of the calculation shall be a date not later than 7 days after the date of notification to the non-resident parent which is the day on which a maintenance period in respect of the existing calculation begins.

(a) an application was made and not determined for - 


(i) a maintenance assessment;

(ii) a departure direction, or

(iii) a revision or supersession of a decision;



(b) the Department had begun but not completed a revision or supersession of a decision on its own initiative;

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

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

the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of - 

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

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

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

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

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

    (3) Where immediately before the commencement date in respect of a particular case an interim maintenance assessment was in force, the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of the decision under Article 19 of the Order to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Order before its amendment by the Act and any revision, supersession or appeal in relation to that decision.

    (4) Where after the commencement date a maintenance assessment is revised, cancelled or ceases to have effect from a date which is prior to the commencement date, the Maintenance Assessment Procedure Regulations shall apply for the purposes of that cancellation or cessation.

    (5) Where under regulation 28(1) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001[35] an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of the determination of the application and any revision, supersession or appeal in relation to any such assessment made.

    (6) For the purposes of this regulation - 

(a) "departure direction," "maintenance assessment" and "interim maintenance assessment" have the same meaning as in Article 2(2) of the Order[36] before its amendment by the Act;

(b) "revision or supersession" means a revision or supersession of a decision under Article 18 or 19 of the Order[37] before their amendment by the Act.

    (7) For the purposes of this regulation and regulation 30 "Maintenance Assessment Procedure Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992.

Transitional provision  -  effective dates and reduced benefit decisions
     30.  - (1) Where a maintenance assessment is in force with respect to a non-resident parent or a parent with care and an application for a maintenance calculation is made to which regulation 28 applies, that regulation shall apply as if references to a maintenance calculation in force were to a maintenance assessment in force.

    (2) Where - 

(a) the application for a maintenance assessment was made before the date prescribed for the purposes of Article 7(10)(a) of the Order; and

(b) the effective date of the maintenance assessment, if it were a maintenance assessment to which the Maintenance Assessment Procedure Regulations applied ("the assessment effective date") would be later than the effective date provided for in these Regulations,

the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the assessment effective date.

    (3) Paragraphs (4) to (7) shall apply where, on or before the commencement date, Article 9 of the former Order[38] applied to the parent with care.

    (4) Where a maintenance assessment was made with an effective date, applying the Maintenance Assessment Procedure Regulations, or the Maintenance Arrangements and Jurisdiction Regulations, which is before the prescribed date and on or after the commencement date the parent with care notifies the Department that, that parent is withdrawing that parent's authorisation under Article 9(1) of the former Order, these Regulations shall apply as if the notification were a request not to act under Article 9(5) of the Order.

    (5) Where a maintenance assessment was not made because Article 9(2) of the former Order applied, these Regulations shall apply as if Article 9(5) of the Order applied.

    (6) Where a maintenance assessment was not made, Article 9(2) of the former Order did not apply and a reduced benefit direction was given under Article 43(5) of the former Order[39], these Regulations shall apply as if the reduced benefit direction were a reduced benefit decision made under Article 43(5) of the Order, from the same date and with the same effect as the reduced benefit direction.

    (7) Where a maintenance assessment was not made, the parent with care failed to comply with a requirement imposed on that parent with care under Article 9(1) of the former Order and the Department was in the process of serving a notice or considering reasons given by the parent with care under Article 43(2) or (3) of the former Order, these Regulations shall apply as if the Department was in the process of serving a notice or considering reasons under Article 43(2) or (3) of the Order.

    (8) For the purposes of this regulation - 

"commencement date" means with respect to a particular case the date theses Regulations come into operation with respect to that type of case;

"former Order" means the Order before its amendment by the Act;

"Maintenance Arrangements and Jurisdiction Regulations" means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992[40];

"maintenance assessment" has the meaning given in the former Order; and

"prescribed date" means the date prescribed for the purposes of Article 7(10)(a) of the Order.

    (9) In the application of the Maintenance Assessment Procedure Regulations for the purposes of paragraph (4) where, on or after the prescribed date, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, the Regulations shall be applied as if references in regulation 29 of those Regulations (effective dates of maintenance assessments)[41] - 

(a) to the date when the maintenance enquiry form was given or sent to the absent parent were to the date of notification to the non-resident parent;

(b) to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were to the provision of this information by the non-resident parent.

    (10) In the application of the Maintenance Arrangements and Jurisdiction Regulations for the purposes of paragraph (4), where, on or after the prescribed date no maintenance enquiry form, as defined in the Maintenance Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders)[42] shall be applied as if the reference to the date when the maintenance enquiry form was given or sent were a reference to the date of notification to the non-resident parent.



Sealed with the Official Seal of the Department for Social Development on


23rd January 2001.

L.S.

John O'Neill
Senior Officer of the Department for Social Development

(a) the person is registered for work or for training under a relevant training scheme with - 


(i) the Department of Higher and Further Education, Training and Employment;

(ii) the Ministry of Defence;

(iii) an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986[43];

(iv) for the purposes of applying Council Regulation (EEC) No. 1408/71[44], any corresponding body in another member State;



(b) the person is not engaged in remunerative work, other than work of a temporary nature that is due to cease before the end of the extension period which applies in the case of that person;

(c) the extension period which applies in the case of that person has not expired; and

(d) immediately before the extension period begins, the person is a child for the purposes of the Order without regard to this paragraph.

    (2) For the purposes of sub-paragraph (1)(b), (c) and (d), the extension period - 

(a) begins on the first day of the week in which the person would no longer be a child for the purposes of the Order but for this paragraph; and

(b) where a person ceases to fall within Article 3(1)(a) of the Order or within paragraph 5 - 


(i) on or after the first Monday in September, but before the first Monday in January of the following year, ends on the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii) on or after the first Monday in January but before the Monday following Easter Monday in that year, ends on the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii) at any other time of the year, ends on the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year.

    (3) A person shall not be a child for the purposes of the Order under this paragraph if - 

(a) he is engaged in training under a relevant training scheme; or

(b) he is entitled to income support or an income-based jobseeker's allowance.

Meaning of "advanced education" for the purposes of Article 3 of the Order
     2. For the purposes of Article 3 of the Order "advanced education" means education of the following description - 

(a) a course in preparation for a degree, a Diploma of Higher Education, a higher national diploma, a higher national diploma or higher national certificate of the Business and Technology Education Council or the Scottish Qualifications Council or a teaching qualification; or

(b) any other course which is of a standard above that of an ordinary national diploma, a national diploma or a national certificate of the Business and Technology Education Council or the Scottish Qualifications Authority, the advanced level of the General Certificate of Education, a Scottish certificate of education (higher level), a Scottish certificate of sixth year studies, or a Scottish National Qualification at Higher Level.

Circumstances in which education is to be treated as full-time education
     3. For the purposes of Article 3 of the Order education shall be treated as being full-time if it is received by a person attending a course of education at a recognised educational establishment and the time spent receiving instruction or tuition, undertaking supervised study, examination of practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week, so however that in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment.

Interruption of full-time education
     4.  - (1) Subject to sub-paragraph (2), in determining whether a person falls within Article 3(1)(b) of the Order no account shall be taken of a period (whether beginning before or after the person concerned attains age 16) of up to 6 months of any interruption to the extent to which it is accepted that the interruption is attributable to a cause which is reasonable in the particular circumstances of the case; and where the interruption or its continuance is attributable to the illness or disability of mind or body of the person concerned, the period of 6 months may be extended for such further period as the Department considers reasonable in the particular circumstances of the case.

    (2) The provisions of sub-paragraph (1) shall not apply to any period of interruption of a person's full-time education which is likely to be followed immediately or which is followed immediately by a period during which - 

(a) provision is made for the training of that person, and for an allowance to be payable to that person, under a relevant training scheme; or

(b) he is receiving education by virtue of his employment or of any office held by him.

Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within Article 3(1) of the Order
     5.  - (1) Subject to sub-paragraphs (2) and (5), a person who has ceased to receive full-time education (which is not advanced education) shall, if - 

(a) he is under the age of 16 when he so ceases, from the date on which he attains that age; or

(b) he is 16 or over when he so ceases, from the date on which he so ceases,

be treated as continuing to fall within Article 3(1) of the Order up to and including the week including the terminal date, or if he attains the age of 19 on or before that date, up to and including the week including the last Monday before he attains that age.

    (2) In the case of a person specified in sub-paragraph (1)(a) or (b) who had not attained the upper limit of compulsory school age when he ceased to receive full-time education, the terminal date shall be that specified in sub-paragraph (3)(a), (b) or (c), whichever next follows the date on which he would have attained that age.

    (3) In this paragraph the "terminal date" means - 

(a) the first Monday in January; or

(b) the Monday following Easter Monday; or

(c) the first Monday in September,

whichever first occurs after the date on which the person's said education ceased.

    (4) In this paragraph "compulsory school age" means compulsory school age as determined in accordance with Article 46 of the Education and Libraries (Northern Ireland) Order 1986[45].

    (5) A person shall not be treated as continuing to fall within Article 3(1) of the Order under this paragraph if he is engaged in remunerative work, other than work of a temporary nature that is due to cease before the terminal date.

    (6) Subject to sub-paragraphs (5) and (8), a person whose name was entered as a candidate for any external examination in connection with full-time education (which is not advanced education), which he was receiving at the time, shall so long as his name continued to be so entered before ceasing to receive such education be treated as continuing to fall within Article 3(1) of the Order for any week in the period specified in sub-paragraph (7).

    (7) Subject to sub-paragraph (8), the period specified for the purposes of sub-paragraph (6) is the period beginning with and including the date when that person ceased to receive such education ending with - 

(a) whichever of the dates in sub-paragraph (3) first occurs after the conclusion of the examination (or the last of them, if there are more than one); or

(b) the expiry of the week which includes the last Monday before his 19th birthday,

whichever is the earlier.

    (8) The period specified in sub-paragraph (7) shall, in the case of a person who had not attained the age of 16 when he so ceased, begin with and include the date on which he did attain that age.

Interpretation
     6. In this Schedule - 

"relevant training scheme" means - 

(a) arrangements under section 1 of the Employment and Training Act (Northern Ireland) 1950[46] (general functions of Department of Higher and Further Education, Training and Employment as to employment and training for employment);

(b) means arrangements made by the Secretary of State for persons enlisted in Her Majesty's forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966[47] (power of Defence Council to make regulations as to engagement of persons in regular forces); or

(c) for the purposes of the application of Council Regulation (EEC) No. 1408/71, any corresponding provisions operated in another member State,

for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.

"remunerative work" means work of not less than 24 hours a week - 

(a) in respect of which payment is made; or

(b) which is done in expectation of payment;

"week" means a period of 7 days beginning with a Monday.

(a) under Article 7 of the Order; or

(b) under Article 9 of the Order,

and, before that maintenance calculation is made, the person with care - 

(i) in a case falling within head (a), is treated as making an application under Article 9 of the Order, or

(ii) in a case falling within head (b), makes a subsequent effective application under Article 7 of the Order,



with respect to the same non-resident parent, those applications shall, if the person with care does not cease to fall within Article 9(1) of the Order, be treated as a single application under Article 9 of the Order, and shall otherwise be treated as a single application under Article 7 of the Order.

No maintenance calculation in force: applications by different persons for a maintenance calculation
     2.  - (1) Where the Department receives more than one effective application for a maintenance calculation with respect to the same person with care and non-resident parent, it shall, if no maintenance calculation has been made in relation to any of the applications, determine which application it shall proceed with in accordance with sub-paragraphs (2) to (8).

    (2) Where an application by a person with care is made under Article 7 of the Order or is treated as made under Article 9 of the Order, and an application is made by a non-resident parent under Article 7 of the Order, the Department shall proceed with the application of the person with care.

    (3) Where there are two non-resident parents in respect of the same qualifying child and an effective application is received from each such person, the Department shall proceed with both applications, treating them as a single application for a maintenance calculation.

    (4) Where an application is treated as having been made by a parent with care under Article 9 of the Order and there is an application under Article 7 of the Order by another person with care who has parental responsibility for the qualifying child or qualifying children with respect to whom the application under Article 9 of the Order was treated as made, the Department shall proceed with the application under Article 9 of the Order by the parent with care.

    (5) Where - 

(a) more than one person with care makes an application for a maintenance calculation under Article 7 of the Order in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);

(b) each such person has parental responsibility for that child or children; and

(c) under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations one of those persons is to be treated as a non-resident parent,

the Department shall proceed with the application of the person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of those Regulations.

    (6) Where, in a case falling within sub-paragraph (5), there is more than one person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations, the Department shall apply the provisions of sub-paragraph (7) to determine which application it shall proceed with.

    (7) Where - 

(a) more than one person with care makes an application for a maintenance calculation under Article 7 of the Order in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and

(b) either - 


(i) none of those persons has parental responsibility for that child or children, or

(ii) the case falls within sub-paragraph (5)(b) but the Department has not been able to determine which application it is to proceed with under the provisions of sub-paragraph (5),



the Department shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (8).

    (8) Where - 

(a) the applications are in respect of one qualifying child, the application of that person with care to whom child benefit is paid in respect of that child;

(b) the applications are in respect of more than one qualifying child, the application of that person with care to whom child benefit is paid in respect of those children;

(c) the Department cannot determine which application it is to proceed with under head (a) or (b) the application of that applicant who in the opinion of the Department is the principal provider of day to day care for the child or children in question.

    (9) Subject to sub-paragraph (10), where, in any case falling within sub-paragraphs (2) to (7), the applications are not in respect of identical qualifying children, the application that the Department is to proceed with as determined by those sub-paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.

    (10) Where the Department is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (9), it shall make separate maintenance calculations in relation to each person with care providing such principal day to day care.

    (11) For the purposes of this paragraph "day to day care" has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

Maintenance calculation in force: subsequent application with respect to the same persons
     3. Where a maintenance calculation is in force and a subsequent application is made or treated as made, as the case may be, under the same Article of the Order for a maintenance calculation with respect to the same person with care, non-resident parent, and qualifying child or qualifying children as those with respect to whom the maintenance calculation in force has been made, that application shall not be proceeded with.

[2] See Article 8(b) of S.R. 1999 No. 481back

[3] S.I. 1995/755 (N.I. 2)back

[4] 2000 c. 4 (N.I.)back

[5] S.R. 2001 No. 18back

[6] Article 19(4A) is inserted by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[7] Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[8] Article 9 is substituted by section 3 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[9] Articles 18 and 19 were substituted respectively by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and are amended respectively by sections 8 and 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[10] Part I of Schedule 1 is substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[11] S.R. 1987 No. 459; relevant amending rules are S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 Nos. 139 and 395, S.R. 1990 No. 131, S.R. 1991 Nos. 170 and 345, S.R. 1992 No. 403, S.R. 1993 Nos. 149, 165 and 373, S.R. 1994 Nos. 65, 77, 266 and 327, S.R. 1995 No. 86, S.R. 1996 Nos. 93, 199, 288, 375, 405, 489 and 499, S.R. 1997 No. 412, S.R. 1998 Nos. 2 and 81 and S.R. 2000 Nos. 38, 71 and 125back

[12] S.R. 1996 No. 198; relevant amending rules are S.R. 1996 Nos. 288, 356, 358 and 503, S.R. 1997 Nos. 130 and 412, S.R. 1998 Nos. 2 and 81, S.R. 1999 No. 428 (C. 32) and S.R. 2000 Nos. 38, 71 and 125back

[13] Amounts in Part IV of Schedule 2 were substituted by S.R. 2000 No. 38back

[14] Amounts in paragraph 20 of Schedule 1 were substituted by S.R. 2000 No. 38back

[15] Amounts in paragraph 1(1)(e) of Schedule 2 were substituted by S.R. 2000 No. 38back

[16] S.R. 1987 No. 465; relevant amending rules are S.R. 1988 No. 141, S.R. 1989 No. 40 and S.R. 1999 No. 472 (C. 36)back

[17] S.R. 1996 No. 198; regulation 87A was inserted by regulation 21 of S.R. 1996 No. 358back

[18] Regulation 17 was amended by S.R. 1988 Nos. 193 and 318, S.R. 1989 Nos. 139 and 395, S.R. 1993 Nos. 149 and 393 and S.R. 1996 No. 199. Paragraph 2A was inserted by regulation 2(6) of S.R. 1993 No. 149 and amended by S.R. 1993 Nos. 165, 235 and 373, S.R. 1994 No. 65, S.R. 1997 No. 412 and S.R. 2000 No. 38back

[19] Regulation 19 was amended by S.R. 1988 Nos. 146, 193, 274 and 318, S.R. 1989 No. 395, S.R. 1991 No. 170, S.R. 1993 Nos. 149 and 373, S.R. 1994 Nos. 65, 77 and 327, S.R. 1996 Nos. 93 and 199. Schedule 4 was amended by S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 No. 395, S.R. 1993 Nos. 149 and 373, S.R. 1996 No. 93, S.R. 1997 No. 412, S.R. 1998 No. 2 and S.R. 2000 No. 38back

[20] Regulation 21 was amended by S.R. 1991 Nos. 170 and 345, S.R. 1992 No. 403, S.R. 1993 Nos. 149 and 165, S.R. 1994 Nos. 65, 77, and 266, S.R. 1995 No. 86, S.R. 1996 Nos. 199, 375, 405, 449 and 489, S.R. 1998 No. 81, S.R. 2000 Nos. 38, 71 and 125back

[21] Paragraph 10B was inserted by S.R. 1988 No. 146 and amended by S.R. 1988 No. 318, S.R. 1989 No. 139, S.R. 1990 No. 131, S.R. 1993 No. 149 and S.R. 2000 No. 38. Paragraph 10C was inserted by S.R. 1988 No. 431 and amended by S.R. 1990 No. 131, S.R. 1993 No. 149, S.R. 1996 No. 288 and S.R. 2000 No. 38back

[22] Paragraph 3 was amended by S.R. 1997 No. 412 and S.R. 2000 No. 38back

[23] Regulation 85 was amended by S.R. 1996 Nos. 356 and 503, S.R.1997 No. 130, S.R. 1998 No. 81, S.R. 2000 Nos. 71 and 125 and paragraphs 1 and 2 of Schedule 4 were amended by S.R. 2000 No. 38back

[24] Paragraphs 8 and 9 were amended by S.R. 2000 No. 38back

[25] Schedule 3 was amended by S.R. 1998 No. 2, S.R. 1999 No. 428 (C.32) and S.R. 2000 No. 38back

[26] Article 27A was inserted by Article 14 of the Child Support (Northern Ireland) Order 1995 and is amended by paragraph 18 of Schedule 3 to, and paragraph 5 of Schedule 8 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[27] Articles 13 and 14 are substituted respectively by sections 1(1) and 4 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[28] S.R. 2001 No. 20back

[29] Article 22 is substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[30] Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[31] Article 9 is substituted by section 3 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[32] Paragraph 15 was amended by paragraph 32(4) of Schedule 6 to the Social Security (Northern Ireland) Order 1998back

[33] Paragraph (10) was inserted by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and sub-paragraph (a) is amended by section 2(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[34] S.R. 1992 No. 340back

[35] S.R. 2001 No. 19back

[36] The definition of "departure direction" was inserted by paragraph 2 of Schedule 3 to the Child Support (Northern Ireland) Order 1995back

[37] Articles 18 and 19 were substituted respectively by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998back

[38] Article 9 was amended by paragraph 4(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), Schedule 6 to the Tax Credits Act 1999 (c. 10) and Schedule 7 to the Social Security (Northern Ireland) Order 1998back

[39] Article 43(5) was amended by paragraph 10 of Schedule 3 to the Child Support (Northern Ireland) Order 1995 and paragraph 28(3) of Schedule 6 to the Social Security (Northern Ireland) Order 1998back

[40] S.R.1992 No. 466back

[41] Regulation 29 was amended by regulation 4(5) of S.R. 1995 No. 19, regulation 8(10) of S.R. 1995 No. 162, regulation 3(18) of S.R. 1995 No. 475 and regulation 2(13) of S.R. 1999 No. 167back

[42] Regulation 3(7) was inserted by regulation 7(4)(b) of S.R. 1995 No. 162 and amended by regulation 7(2) of S.R. 1995 No. 475back

[43] S.I. 1986/594 (N.I. 3); Article 3 was amended by Schedule 9 to the Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))back

[44] O.J. No. L149, 5.7.1971; Regulations (EEC) No. 1408/71 and No. 574/72 were restated in amended form in Council Regulation (EEC) No. 2001/83 (O.J. No. L230, 22.8.1983) and further amended by Council Regulations (EEC) Nos. 1660/85 (O.J. No. L160, 20.6.1985); 1661/85 (O.J. No. L160, 20.6.1985) and 3811/86 (O.J. No. L355, 16.12.1986); Commission Regulation (EEC) No. 513/86 (O.J. No. L51, 28.2.1986) and Articles 60 and 220 of, and Point 1, Part VIII of Annex 1 to the Act of Accession to the European Communities of Spain and Portugalback

[45] S.I. 1986/594 (N.I. 3); Article 46 was substituted by Article 156 of the Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))back

[46] 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and by Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8)) See S.R. 1999 No. 481back

[47] 1966 c. 45; section 2 was amended by section 2 of the Army Act 1992 (c. 39)back

[48] Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Article 9 is substituted by section 3 of that Actback

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