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Statutory Rules of Northern Ireland
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2001 No. 20

FAMILY LAW

CHILD SUPPORT

The Child Support (Variations) Regulations (Northern Ireland) 2001

  Made 23rd January 2001 
  Approved by resolution of the Assembly on 29th May 2001 
  Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by Articles 28A(5), 28B(2)(c), 28C(2)(b) and (5), 28E(1) and (5), 28F(2)(b) and (3)(b), 28G(3), 47 and 48(4) of, and paragraphs 1, 2(a), 4 and 5(1) of Schedule 4A and paragraphs 2(2) to (5), 3(1) and (2), 4, 5(1) and (3) to (5) and 6 of Schedule 4B to, the Child Support (Northern Ireland) Order 1991[1] and now vested in it[2], and of all other powers enabling it in that behalf, hereby makes the following Regulations:



Part I

General

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Child Support (Variations) Regulations (Northern Ireland) 2001 and shall come into operation in relation to a particular case on the day on which section 5 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[3] is commenced in relation to that type of case.

    (2) In these Regulations - 

Documents
     2.  - (1) Except where otherwise stated, where - 

Determination of amounts
     3.  - (1) Where any amount is required to be determined for the purposes of these Regulations, it shall be determined as a weekly amount and, except where the context otherwise requires, any reference to such an amount shall be construed accordingly.

    (2) Where any calculation made under these Regulations 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 and shall be otherwise disregarded.



Part II

Application and Determination Procedure

Application for a variation
     4.  - (1) Where an application for a variation is made other than in writing and the Department directs that the application be made in writing, the application shall be made either on an application form provided by it and completed in accordance with its instructions or in such other written form as the Department may accept as sufficient in the circumstances of any particular case.

    (2) An application for a variation which is made other than in writing shall be treated as made on the date of notification from the applicant to the Department that he wishes to make such an application.

    (3) Where an application for a variation is made in writing other than in the circumstances to which paragraph (1) applies, the application shall be treated as made on the date of receipt by the Department.

    (4) Where paragraph (1) applies and the Department receives the application within 14 days of the date of the direction, or at a later date but in circumstances where it is satisfied that the delay was unavoidable, the application shall be treated as made on the date of notification from the applicant to the Department that he wishes to make an application for a variation.

    (5) Where paragraph (1) applies and the Department receives the application more than 14 days from the date of the direction and in circumstances where it is not satisfied that the delay was unavoidable, the application shall be treated as made on the date of receipt.

    (6) An application for a variation is duly made when it has been made in accordance with this regulation and Article 28A(4) of the Order.

Amendment or withdrawal of application
     5.  - (1) A person who has made an application for a variation may amend or withdraw his application at any time before a decision under Article 13, 18 or 19 of the Order[10], or a decision not to revise or supersede under Article 18 or 19 of the Order, is made in response to the variation application and such amendment or withdrawal need not be in writing unless, in any particular case, the Department requires it to be.

    (2) No amendment under paragraph (1) shall relate to any change of circumstances arising after what would be the effective date of a decision in response to the variation application.

Rejection of an application following preliminary consideration
     6.  - (1) The Department may, on completing the preliminary consideration, reject an application for a variation (and proceed to make its decision on the application for a maintenance calculation, or to revise or supersede a decision under Article 18 or 19 of the Order, without the variation, or not to revise or supersede a decision under Article 18 or 19 of the Order, as the case may be,) if one of the circumstances in paragraph (2) applies.

    (2) The circumstances are - 

Prescribed circumstances
     7.  - (1) This regulation applies where an application for a variation is made under Article 28G of the Order and - 

    (2) The circumstances for the purposes of this paragraph are that - 

    (3) The circumstances for the purposes of this paragraph are that the non-resident parent is liable to pay child support maintenance  - 

    (4) The circumstances for the purposes of this paragraph are that the non-resident parent is liable to pay an amount of child support maintenance at a rate - 

    (5) The circumstances for the purposes of this paragraph are that - 

    (6) The circumstances for the purposes of this paragraph are that the amount of the net weekly income of the non-resident parent to which the Department would have regard after deducting the amount of the special expenses would exceed the capped amount.

    (7) For the purposes of paragraph (1), the "relevant date" means the date from which, if the variation were agreed, the decision under Article 18 or 19 of the Order, as the case may be, would take effect.

Provision of information
     8.  - (1) Where an application has been duly made, the Department may request further information or evidence from the applicant to enable that application to be determined and any such information or evidence requested shall be provided within one month of the date of notification of the request or such longer period as the Department is satisfied is reasonable in the circumstances of the case.

    (2) Where any information or evidence requested in accordance with paragraph (1) is not provided in accordance with the time limit specified in that paragraph, the Department may, where it is able to do so, proceed to determine the application in the absence of the requested information or evidence.

Procedure in relation to the determination of an application
     9.  - (1) Subject to paragraph (3), where the Department has given a preliminary consideration to an application and not rejected it the Department - 

    (2) The information or evidence referred to in paragraphs (1)(a), (4)(a) and (7), are - 

    (3) The Department need not act in accordance with paragraph (1) - 

    (4) Where the Department receives representations from the relevant persons - 

    (5) Where the Department has not received representations from the relevant persons notified in accordance with paragraph (1), within the time limit specified in sub-paragraph (b) of that paragraph, it may proceed to agree or not, as the case may be, to a variation in their absence.

    (6) In considering an application for a variation, the Department shall take into account any representations received at the date upon which it agrees or not, as the case may be, to the variation from the relevant persons, including any representation received in accordance with paragraphs (1)(b), (4)(a) and (7).

    (7) Where any information or evidence requested by the Department under regulation 8 is received after notification has been given under paragraph (1), the Department may, if it considers it reasonable to do so, and except where such information or evidence falls within paragraph (2), send a copy of such information or evidence to the relevant persons and may invite them to submit representations, which need not be in writing unless the Department so directs in any particular case, on that information or evidence.

    (8) The Department may, if it considers it appropriate, treat an application for a variation made on one ground as if it were an application made on a different ground, and, if it does intend to do so, it shall include this information in the notice and invitation to make representations referred to in paragraphs (1), (4) and (7).

    (9) Two or more applications for a variation with respect to the same maintenance calculation or application for a maintenance calculation, made or treated as made, may be considered together.



Part III

Special Expenses

Special expenses  -  contact costs
     10.  - (1) Subject to paragraphs (2) to (5) and regulation 15, the following costs incurred or reasonably expected to be incurred by the non-resident parent, whether in respect of himself or the qualifying child or both, for the purpose of maintaining contact with that child, shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order - 

    (2) The costs to which paragraph (1) applies include the cost of a person to travel with the non-resident parent or the qualifying child, if the Department is satisfied that the presence of another person on the journey, or part of the journey, is necessary including, but not limited to, where it is necessary because of the young age of the qualifying child or the disability or long-term illness of the non-resident parent or that child.

    (3) The costs referred to in paragraphs (1) and (2) - 

    (4) For the purposes of this regulation, costs of contact shall not include costs which relate to periods where the non-resident parent has care of a qualifying child overnight as part of a shared care arrangement for which provision is made under paragraphs 7 and 8 of Schedule 1 to the Order and regulation 7 of the Maintenance Calculations and Special Cases Regulations.

    (5) Where the non-resident parent has at the date he makes the variation application received, or at that date is in receipt of, or where he will receive, any financial assistance, other than a loan, from any source to meet, wholly or in part, the costs of maintaining contact with a child as referred to in paragraph (1), only the amount of the costs referred to in that paragraph, after the deduction of the financial assistance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order.

Special expenses  -  illness or disability of relevant other child
     11.  - (1) Subject to paragraphs (2) and (3), expenses necessarily incurred by the non-resident parent in respect of the items listed in sub-paragraphs (a) to (m) due to the long-term illness or disability of a relevant other child shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order - 

    (2) For the purposes of this regulation and regulation 10 - 

    (3) Where the non-resident parent has, at the date he makes the variation application, received, or at that date is in receipt of, or where he will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child or a disability living allowance is received by the non-resident parent on behalf of the relevant other child, only the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the allowance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order[22].

Special expenses  -  prior debts
     12.  - (1) Subject to paragraphs (2) to (6) and regulation 15, the repayment of debts to which paragraph (2) applies shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order where those debts were incurred - 

    (2) This paragraph applies to debts incurred - 

    (3) Paragraph (1) shall not apply to repayment of - 

    (4) Except where the repayment is of an amount which is payable under a mortgage or loan or in respect of a policy of insurance which falls within the exception set out in paragraph (3)(h) or (i), repayment of a debt shall not constitute expenses for the purposes of paragraph (1) where the Department is satisfied that the non-resident parent has taken responsibility for repayment of that debt as, or as part of, a financial settlement with the person with care or by virtue of a court order.

    (5) Where an applicant has incurred a debt partly to repay a debt repayment of which would have fallen within paragraph (1), the repayment of that part of the debt incurred which is referable to the debt repayment of which would have fallen within that paragraph shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order.

    (6) For the purposes of this regulation and regulation 14 - 

Special expenses  -  boarding school fees
     13.  - (1) Subject to paragraphs (2) to (5) and regulation 15, the maintenance element of the costs, incurred or reasonably expected to be incurred, by the non-resident parent for the purpose of the attendance at a boarding school of the qualifying child shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order .

    (2) Where the Department considers that the costs referred to in paragraph (1) cannot be distinguished with reasonable certainty from other costs incurred in connection with the attendance at boarding school by the qualifying child, it may instead determine the amount of those costs and any such determination shall not exceed 35 per cent. of the total costs.

    (3) Where - 

a portion of the costs incurred by the non-resident parent in respect of the boarding school fees shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order being the same proportion as the maintenance element of the costs bears to the total amount of the costs.

    (4) No variation on this ground shall reduce by more than 50 per cent. the income to which the Department would otherwise have had regard in the calculation of maintenance liability.

    (5) For the purposes of this regulation, "boarding school fees" means the fees payable in respect of attendance at a recognised educational establishment providing full-time education which is not advanced education for children under the age of 19 and where some or all of the pupils, including the qualifying child, are resident during term time.

Special expenses - payments in respect of certain mortgages, loans or insurance policies
     14.  - (1) Subject to regulation 15, the payments to which paragraph (2) applies shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order.

    (2) This paragraph applies to payments, whether made to the mortgagee, lender, insurer or the person with care - 

Thresholds for and reduction of amount of special expenses
     15.  - (1) Subject to paragraphs (2) to (4), the costs or repayments referred to in regulations 10 and 12 to 14 shall be special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order where and to the extent that they exceed the threshold amount, which is - 

    (2) Subject to paragraph (3), where the Department considers any expenses referred to in regulations 10 to 14 to be unreasonably high or to have been unreasonably incurred it may substitute such lower amount as it considers reasonable, including an amount which is below the threshold amount or a nil amount.

    (3) Any lower amount substituted by the Department under paragraph (2) in relation to contact costs under regulation 10 shall not be so low as to make it impossible, in the Department's opinion, for contact between the non-resident parent and the qualifying child to be maintained at the frequency specified in any court order made in respect of the non-resident parent and that child where the non-resident parent is maintaining contact at that frequency.

    (4) For the purposes of this regulation "relevant net weekly income" means the net weekly income taken into account for the purposes of the maintenance calculation before taking account of any variation on the grounds of special expenses.



Part IV

Property or Capital Transfers

Prescription of terms
     16.  - (1) For the purposes of paragraph 3(1)(a) and (b) of Schedule 4B to the Order - 

    (2) Subject to paragraphs (3) and (4), for the purposes of paragraph 3(2) of Schedule 4B to the Order, a transfer of property is a transfer by the non-resident parent of his beneficial interest in any asset to the person with care, to the qualifying child, or to trustees where the object or one of the objects of the trust is the provision of maintenance.

    (3) Where a transfer of property would not have fallen within paragraph (2) when made but the Department is satisfied that some or all of the amount of that property was subsequently transferred to the person currently with care of the qualifying child, the transfer of that property to the person currently with care shall constitute a transfer of property for the purposes of paragraph 3 of Schedule 4B to the Order.

    (4) The minimum value for the purposes of paragraph 3(2) of Schedule 4B to the Order is the threshold amount which is £5,000.

Value of a transfer of property - equivalent weekly value
     17.  - (1) Where the conditions specified in paragraph 3 of Schedule 4B to the Order are satisfied, the value of a transfer of property for the purposes of that paragraph shall be that part of the transfer made by the non-resident parent (making allowances for any transfer by the person with care to the non-resident parent) which the Department is satisfied is in lieu of periodical payments of maintenance.

    (2) The Department shall, in determining the value of a transfer of property in accordance with paragraph (1), assume that, unless evidence to the contrary is provided to it - 

    (3) The equivalent weekly value of a transfer of property shall be determined in accordance with the provisions of the Schedule.

    (4) For the purposes of regulation 16 and this regulation, the term "maintenance" means the normal day-to-day living expenses of the qualifying child.

    (5) A variation falling within paragraph (1) shall cease to have effect at the end of the number of years of liability, as defined in paragraph 1 of the Schedule, for the case in question.



Part V

Additional Cases

Assets
     18.  - (1) Subject to paragraphs (2) and (3), a case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Order where the Department is satisfied there is an asset - 

    (2) For the purposes of this regulation "asset" means - 

and includes any such asset located outside Northern Ireland.

    (3) Paragraph (2) shall not apply - 

    (4) For the purposes of this regulation, where any asset is held in the joint names of the non-resident parent and another person the Department shall assume, unless evidence to the contrary is provided to it, that the asset is held by them in equal shares.

    (5) Where a variation is agreed on the ground that the non-resident parent has assets for which provision is made in this regulation, the Department shall calculate the weekly value of the assets by applying the statutory rate of interest to the value of the assets and dividing by 52, and the resulting figure, aggregated with any benefit, pension or allowance which the non-resident parent receives, other than any benefits referred to in regulation 26(3), shall be taken into account as additional income under regulation 25.

    (6) For the purposes of this regulation - 

Income not taken into account and diversion of income
     19.  - (1) Subject to paragraph (2), a case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Order where - 

    (2) Paragraph (1) shall apply where the income referred to in sub-paragraph (b) of that paragraph is a net weekly income of over £100.

    (3) Net weekly income for the purposes of paragraph (2), in relation to earned income of a non-resident parent who is a student, shall be calculated by aggregating the income for the year ending with the relevant week (which for this purpose shall have the meaning given in the Maintenance Calculations and Special Cases Regulations) and dividing by 52, or, where the Department does not consider the result to be representative of the student's earned income, over such other period as it shall consider representative and dividing by the number of weeks in that period.

    (4) A case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Order where - 

    (5) Where a variation on this ground is agreed to - 

Life-style inconsistent with declared income
     20.  - (1) Subject to paragraph (3), a case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Order where - 

    (2) Subject to paragraph (4), a case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Order where the non-resident parent's liability to pay child support maintenance under the maintenance calculation which is in force, or which has been applied for or treated as applied for, is, or would be, as the case may be - 

and the Department is satisfied that the income which would otherwise be taken into account for the purposes of the maintenance calculation is substantially lower than the level of income required to support the overall life-style of the non-resident parent.

    (3) Paragraph (1) shall not apply where the Department is satisfied that the life-style of the non-resident parent is paid for from - 

    (4) Paragraph (2) shall not apply where the Department is satisfied that the life-style of the non-resident parent is paid for - 

    (5) Where a variation on this ground is agreed to, the additional income taken into account under regulation 25 shall be the difference between the income which the Department is satisfied the non-resident parent requires to support his overall life-style and the income which has been or, but for the application of paragraph 4(1)(b) or 5(a) of Schedule 1 to the Order[28], would be taken into account for the purposes of the maintenance calculation, aggregated with any benefit, pension or allowance which the non-resident parent receives other than any benefits referred to in regulation 26(3).



Part VI

Factors to be taken into account for the purposes of Article 28F of the Order

Factors to be taken into account and not to be taken into account
     21.  - (1) The factors to be taken into account in determining whether it would be just and equitable to agree to a variation in any case shall include - 

    (2) The following factors are not to be taken into account in determining whether it would be just and equitable to agree to a variation in any case - 



Part VII

Effect of a Variation on the Maintenance Calculation and Effective Dates

Effective dates
     22.  - (1) Subject to paragraph (2), where the application for a variation is made in the circumstances referred to in Article 28A(3) of the Order[29] (before the Department has reached a decision under Article 13 or 14(1) of the Order[30]) and the application is agreed to, the effective date of the maintenance calculation which takes account of the variation shall be - 

    (2) Where the ground for the variation applied for under Article 28A(3) of the Order is a ground in regulation 12 (prior debts) or 14 (special expenses-payments in respect of certain mortgages, loans or insurance policies) and payments falling within regulation 12 or 14 which have been made by the non-resident parent constitute voluntary payments for the purposes of Article 28J of the Order[31] and Regulations made under that Article, the date from which the maintenance calculation shall take account of the variation on this ground shall be the date on which the maintenance period begins which immediately follows the date on which the non-resident parent is notified under the Maintenance Calculation Procedure Regulations of the amount of his liability to pay child support maintenance.

    (3) Where the ground for the variation applied for under Article 28A(3) of the Order has ceased to exist by the date when the maintenance calculation is made, that calculation shall take account of the variation for the period ending on the last day of the maintenance period in which the ground existed.

Effect on maintenance calculation - special expenses
     23.  - (1) Subject to paragraph (2) and regulations 26 and 27, where the variation agreed to is one falling within regulations 10 to 14 (special expenses) effect shall be given to the variation in the maintenance calculation by deducting from the net weekly income of the non-resident parent the weekly amount of those expenses.

    (2) Where the income which is taken into account in the maintenance calculation is the capped amount and the variation agreed to is one falling within regulations 10 to 14 then - 

Effect on maintenance calculation - property or capital transfer
     24. Subject to regulation 27, where the variation agreed to is one falling within regulation 16 (property or capital transfers) - 

Effect on maintenance calculation - additional cases
     25. Subject to regulations 26 and 27, where the variation agreed to is one falling within regulations 18 to 20 (additional cases), effect shall be given to the variation in the maintenance calculation by increasing the net weekly income of the non-resident parent which would otherwise be taken into account by the weekly amount of the additional income except that, where the amount of net weekly income calculated in this way would exceed the capped amount, the amount of net weekly income taken into account shall be the capped amount.

Effect on maintenance calculation - maximum amount payable where the variation is on additional cases ground
     26.  - (1) Subject to regulation 27, where this regulation applies the amount of child support maintenance which the non-resident parent shall be liable to pay shall be whichever is the lesser of - 

    (2) This regulation applies where the variation agreed to is one to which regulation 25 applies and the non-resident parent's liability calculated as provided in Part I of Schedule 1 to the Order and Regulations made under that Schedule would, but for the variation, be - 

    (3) For the purposes of paragraph (1) - 

Effect on maintenance calculation - general
     27.  - (1) Subject to paragraphs (4) and (5), where more than one variation is agreed to in respect of the same period regulations 23 to 26 shall apply and the results shall be aggregated as appropriate.

    (2) Paragraph 7(2) to (7) of Schedule 1 to the Order (shared care) shall apply where the rate of child support maintenance is affected by a variation which is agreed to and paragraph 7(2) of that Schedule shall be read as if after "as calculated in accordance with the preceding paragraphs" there were inserted ", Schedule 4B and Regulations made under that Schedule".

    (3) Subject to paragraphs (4) and (5), where the non-resident parent shares the care of a qualifying child within the meaning in Part I of Schedule 1 to the Order, or where the care of such a child is shared in part by an authority, the amount of child support maintenance the non-resident parent is liable to pay the person with care, calculated to take account of any variation, shall be reduced in accordance with the provisions of paragraph 7 of that Part or regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by an authority), as the case may be.

    (4) Subject to paragraph (5), where the variation agreed to is one falling within regulation 16 (property or capital transfers) the equivalent weekly value of the transfer calculated as provided in regulation 17 shall be deducted from the amount of child support maintenance the non-resident parent would otherwise be liable to pay the person with care in respect of whom the transfer was made after aggregation of the effects of any other variations as provided in paragraph (1) or deduction for shared care as provided in paragraph (3).

    (5) If the application of regulation 24, or paragraph (3) or (4), would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than a figure equivalent to the flat rate of child support maintenance payable under paragraph 4(1)(b) of Schedule 1 to the Order, he shall instead be liable to pay child support maintenance at a rate equivalent to that rate apportioned (if appropriate) as provided in paragraph 6 of Schedule 1 to the Order.

    (6) The effect of a variation shall not be applied for any period during which a circumstance referred to in regulation 7 applies.

    (7) For the purposes of this regulation "an authority" has the same meaning as in Article 2(2) of the Children (Northern Ireland) Order 1995[34];

    (8) For the purposes of regulations 23 and 25 "net weekly income" means as calculated or estimated under the Maintenance Calculations and Special Cases Regulations.

Transitional provisions - conversion decisions
     28. Where the variation is being applied for in connection with a subsequent decision within the meaning given in the Transitional Regulations, and the decision to be revised or superseded under Article 18 or 19 of the Order, as the case may be, takes into account a relevant property transfer as defined and provided for in those Regulations - 

Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability
     29.  - (1) This regulation applies where a variation has been agreed to in relation to a maintenance calculation.

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

    (3) The circumstances are - 

Circumstances for the purposes of Article 28F(3) of the Order
     30. The circumstances prescribed for the purposes of Article 28F(3) of the Order[36] (Department shall not agree to a variation) are - 



Part VIII

Miscellaneous

Regular payments condition
     31.  - (1) For the purposes of Article 28C(2)(b) of the Order[37] (payments of child support maintenance less than those specified in the interim maintenance decision) the payments shall be those fixed by the interim maintenance decision or the maintenance calculation in force, as the case may be, adjusted to take account of the variation applied for by the non-resident parent as if that variation had been agreed.

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

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

Meaning of "benefit" for the purposes of Article 28E of the Order
     32. For the purposes of Article 28E of the Order[38], "benefit" means income support, income-based jobseeker's allowance and housing benefit.



Part IX

Revocation

Revocation and savings
     33.  - (1) Subject to paragraph (2), the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996[39] ("the Departure Direction Regulations") shall be revoked with respect to a particular case with effect from the date that these Regulations come into operation with respect to that type of case ("the commencement date").

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

the provisions of the Departure Direction Regulations shall continue to apply for the purposes of - 

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

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

    (5) For the purposes of this regulation - 



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


SCHEDULE
Regulation 17(3)


Equivalent weekly value of a transfer of property


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

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

    (3) In sub-paragraph (2) - 

     2. The Table referred to in paragraph 1(1) is - 


THE TABLE
Number of years of liability Statutory Rate
  7.0% 8.0% 10.0% 11.0% 12.0% 12.5% 14.0% 15.0%
1. .02058 .02077 .02115 .02135 .02154 .02163 .02192 .02212
2. .01064 .01078 .01108 .01123 .01138 .01145 .01168 .01183
3. .00733 .00746 .00773 .00787 .00801 .00808 .00828 .00842
4. .00568 .00581 .00607 .00620 .00633 .00640 .00660 .00674
5. .00469 .00482 .00507 .00520 .00533 .00540 .00560 .00574
6. .00403 .00416 .00442 .00455 .00468 .00474 .00495 .00508
7. .00357 .00369 .00395 .00408 .00421 .00428 .00448 .00462
8. .00322 .00335 .00360 .00374 .00387 .00394 .00415 .00429
9. .00295 .00308 .00334 .00347 .00361 .00368 .00389 .00403
10. .00274 .00287 .00313 .00327 .00340 .00347 .00369 .00383
11. .00256 .00269 .00296 .00310 .00324 .00331 .00353 .00367
12. .00242 .00255 .00282 .00296 .00310 .00318 .00340 .00355
13. .00230 .00243 .00271 .00285 .00299 .00307 .00329 .00344
14. .00220 .00233 .00261 .00275 .00290 .00298 .00320 .00336
15. .00211 .00225 .00253 .00267 .00282 .00290 .00313 .00329
16. .00204 .00217 .00246 .00261 .00276 .00283 .00307 .00323
17. .00197 .00211 .00240 .00255 .00270 .00278 .00302 .00318
18. .00191 .00205 .00234 .00250 .00265 .00273 .00297 .00314

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


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations provide for variations to the rate of child maintenance payable under the Child Support (Northern Ireland) Order 1991 ("the Order") consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 ("the Act"). Subject to savings for transitional purposes these Regulations revoke the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 ("the Departure Direction Regulations").

These Regulations come into operation at different times for different cases according to the dates on which provisions of the Act which are relevant to these Regulations are commenced for different types of cases.

Part 1 (regulations 1 to 3) contains general provisions relating to citation, commencement and interpretation, the giving or sending of documents and the determination of amounts as weekly amounts.

Part II (regulations 4 to 9) sets out the procedure for making and determining applications for a variation. This includes the ability to reject an application on a preliminary consideration. Among the reasons for this may be because the application is for an amount which does not exceed a threshold applicable to the ground, or because a circumstance prescribed for the purposes of Article 28B of the Order, in regulation 7, applies. The Department for Social Development is enabled to request further information (regulation 8) and may invite representations (regulation 9).

Part III (regulations 10 to 15) gives details of what constitutes expenses for the purposes of the ground for a variation in paragraph 2 of Schedule 4B to the Order. Part IV (regulations 16 and 17 and the Schedule) is concerned with a variation under paragraph 3 of Schedule 4B to the Order, in relation to a property or capital transfer, and Part V (regulations 18 to 20) concerns the additional cases for which provision is made in paragraph 4 of that Schedule. The factors to be taken into account in determining whether it would be just and equitable to agree a variation, referred to in Article 28F of the Order, are set out in Part VI (regulation 21).

Part VII (regulations 22 to 30) provides for the effective date of maintenance calculations which take account of a variation, for the way in which each type of variation is to affect the non-resident parent's liability, for situations where a variation may be applied without an application and for the circumstances, for the purposes of Article 28F (3) of the Order, in which a variation is not to be agreed to.

Part VIII (regulations 31 and 32) prescribes the amount payable under the regular payments condition for the purposes of Article 28C(2)(b) of the Order and benefit for the purposes of Article 28E of the Order.

Part IX (regulation 33) provides for the revocation, with savings for transitional purposes, of the Departure Direction Regulations.

Articles 28A(5), 28B(2)(c), 28C(2)(b) and (5), 28E(1), 28F(2)(b) and (3)(b) and 28G(3) of, and paragraphs 1, 2(a), 4 and 5(1) of Schedule 4A and paragraphs 2(2) to (5), 3(1) and (2), 4, 5(1) and (3) to (5) and 6 of Schedule 4B to, the Order are some of the enabling provisions under which these Regulations are made. They are substituted or amended by sections 5 to 7 of, and Schedule 2 to, the Act and were brought into operation, for the purpose only of making regulations, on 22nd November 2000 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C. 16)).

The impact on business of these Regulations was covered in the Regulatory Impact Assessment for the Act, in accordance with, and in consequence of which, these Regulations are made. A copy of that Assessment may be obtained, free of charge, from Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast BT4 3SQ.

Notes:

 [1] S.I. 1991/2628 (N.I. 23); Articles 28A to 28C and 28F were substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I)), Article 28E was inserted by Article 3 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702(N.I. 13)) and amended by section 5(4) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Article 28G was substituted by section 7 of, and Schedules 4A and 4B were substituted by section 6 of, and Schedule 2 to, that Act. Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back

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

[3] 2000 c. 4 (N.I.)back

[4] 1992 c. 7back

[5] Paragraphs 1 to 10C were substituted by section 1(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[6] S.R. 2001 No. 17back

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

[8] S.I. 1983/883back

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

[10] Article 13 was substituted by section 1(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. Articles 18 and 19 were substituted by Articles 40 and 41 respectively of the Social Security (Northern Ireland) Order 1998 and amended by sections 8 and 9 respectively of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[11] Section 127 was amended by paragraph 16 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 1(2) of, and paragraph 4 of Schedule 1 to, the Tax Credits Act 1999 (c. 10)back

[12] Section 128 was amended by Article 12(2) of, and paragraph 32 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), paragraph 17 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and section 1(2) and 14(4) of, and paragraph 4(h) of Schedule 1 to, the Tax Credits Act 1999back

[13] Article 14 was substituted by section 4 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[14] Paragraph (1B) was inserted by section 8(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[15] S.R. 1987 No. 459; Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199back

[16] Article 26A was inserted by article 4 of S.I. 1983/1116 and amended by S.I. 1983/1821, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766 and 1997/286back

[17] S.I. 1998/1504 (N.I. 9)back

[18] 1968 c. 29; section 2 was amended by the Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15)) and the Criminal Justice (Children) (Northern Ireland) Order 1998back

[19] S.R. 1975 No. 109; relevant amending regulations are S.R. 1992 No. 453back

[20] S.I. 1972/1265 (N.I. 14)back

[21] Paragraphs 1 to 10C were substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))back

[22] Schedule 4B was substituted by section 6 of, and Part II of Schedule 2 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[23] 1988 c.1back

[24] Article 10(11) was amended by paragraph 180 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))back

[25] S.I. 1986/1032 (N.I. 6)back

[26] 1992 c. 12back

[27] S.R. 1980 No. 346back

[28] Paragraphs 1 to 10C were substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[29] Article 28A was substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

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

[31] Article 28J was inserted by section 19 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

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

[33] Article 26A was inserted by Article 4 of S.I. 1983/1116 and amended by S.I. 1983/1821, 1986/592, 1990/1308. 1991/766, 1995/766 and 1987/286back

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

[35] Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I.10)) and amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[36] Article 28F was substituted by section 5(5) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[37] Article 28C was substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[38] Article 28E was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and amended by section 5(4) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[39] S.R. 1996 No. 541back

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

[41] 2000 c. 4 (N.I.)back

[42] S.R. 1980 No. 346back


ISBN 0 337 93966 7


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