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2002 No. 164

FAMILY LAW

SOCIAL SECURITY

CHILD SUPPORT

The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

  Made 29th April 2002 
  Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Articles 16(1), 18(1) and (4), 19(5), 22(4), 28B(2)(c), 28E(1), 28G, 43(10), 47, 48(4) and 50 of, and paragraphs 5, 10 and 11 of Schedule 1 and paragraphs 3, 4 and 5 of Schedule 4B to, the Child Support (Northern Ireland) Order 1991[1] and now vested in it[2], and section 28 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[3] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement
     1.  - (1) These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and, subject to paragraph (2), shall come into operation on 30th April 2002.

    (2) Regulations 2(3)(a) and 6 shall come into operation in relation to a particular case on the day on which sections 1(2), 8, 9 and 10 of, and paragraphs 12 and 27 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 come into operation for the purposes of that type of case.

Amendment of the Child Support (Information, Evidence and Disclosure) Regulations
    
2.  - (1) The Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992[4] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 1(2) (citation, commencement and interpretation) for the definition of "appropriate authority" there shall be substituted the following definition - 

    (3) In regulation 2(2) (persons under a duty to furnish information or evidence) - 

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations
     3. In the heading to regulation 31A of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[9] (notification of intention to cancel a maintenance assessment) and in paragraph (1) for "16(4A)" there shall be substituted "16(5)".

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations
     4. In regulation 9(1) of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992[10] (exempt income: calculation or estimation of E) - 

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations
     5. In regulation 23(2) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996[13] (assets capable of producing income or higher income) after sub-paragraph (b) there shall be added - 

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
     6.  - (1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[15] shall be amended in accordance with paragraphs (2) to (5).

    (2) In regulation 3A[16] (revision of child support decisions) - 

    (3) In regulation 6B(4)(e)[19] (circumstances in which a child support decision may not be superseded) ", (19)" shall be omitted.

    (4) In regulation 7B[20] (date from which a decision superseded under Article 19 of the Child Support Order takes effect) - 

    (5) In regulation 31(2) (time within which appeals are to be brought) after "regulation 3(1) or (3)" in both places where it occurs, there shall be inserted "or 3A(1)".

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations
     7.  - (1) The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001[23] shall be amended in accordance with paragraphs (2) to (8).

    (2) In regulation 1(1) (citation, commencement and interpretation) for "paragraph 27" there shall be substituted "paragraphs 12 and 27".

    (3) After regulation 9 (period within which reasons are to be given) there shall be inserted the following regulation - 

    (4) In regulation 25(1) (effective dates of maintenance calculations  -  maintenance order and application under Article 7) for sub-paragraph (c) there shall be substituted the following sub-paragraph - 

    (5) In regulation 26(1) (effective dates of maintenance calculations  -  maintenance order and application under Article 9) in sub-paragraph (c) for "and the non-resident parent" there shall be substituted ", the non-resident parent and all the children to whom the application referred to in sub-paragraph (b) relates".

    (6) In regulation 27(b) (effective dates of maintenance calculations  -  maintenance order ceases) for "24 or 25" there shall be substituted "25 or 26".

    (7) In regulation 28 (effective dates of maintenance calculations in specified cases) after paragraph (b) there shall be added the following paragraph - 

    (8) In regulation 30(3) (transitional provision  -  effective dates and reduced benefit decisions) for "on or before" there shall be substituted "immediately before".

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations
     8. In the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[27] (net weekly income) - 

Amendment of the Child Support (Transitional Provisions) Regulations
     9.  - (1) The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001[30] shall be amended in accordance with paragraphs (2) to (15).

    (2) In regulation 4 (revision, supersession and appeal of conversion decisions) for paragraph (4) there shall be substituted the following paragraph - 

    (3) In regulation 9 (amount of child support maintenance payable) - 

    (4) In regulation 10 (circumstances in which a transitional amount is payable) after "reduced rate" there shall be inserted ", an amount calculated under regulation 22".

    (5) In regulation 12 (transitional amount in flat rate cases) - 

    (6) In regulation 13 (transitional amount  -  certain flat rate cases) the existing provision shall be numbered as paragraph (1) and after paragraph (1) there shall be added the following paragraph - 

    (7) In regulation 15(4) (case conversion date) - 

    (8) In regulation 17 (relevant departure direction and relevant property transfer) for paragraph (6) there shall be substituted the following paragraph - 

    (9) In regulation 21(1) (effect on conversion calculation  -  relevant property transfer) for "regulation 23" there shall be substituted "regulations 23 and 23A".

    (10) In regulation 22(1) (effect on conversion calculation  -  maximum amount payable where relevant departure direction is on additional cases ground) for "the amount of child support maintenance which the non-resident parent shall be liable to pay" there shall be substituted "the new amount".

    (11) In regulation 23(2) (effect of relevant departure direction on conversion calculation  -  general) the words from ", other than" to "costs)" shall be omitted.

    (12) After regulation 23 there shall be inserted the following regulation - 

    (13) In regulation 24 (phasing amount) - 

    (14) In regulation 27 (subsequent decision with effect in transitional period  -  amount payable) - 

    (15) In regulation 28 (linking provisions) - 

Amendment of the Child Support (Variations) Regulations
    
10.  - (1) The Child Support (Variations) Regulations (Northern Ireland) 2001[32] shall be amended in accordance with paragraphs (2) to (5).

    (2) In regulation 7 (prescribed circumstances) - 

    (3) In regulation 16(4) (prescription of terms) for "£5,000" there shall be substituted "£4,999·99".

    (4) In regulation 18 (assets) - 

    (5) In regulations 19(5)(a) (income not taken into account and diversion of income) and 20(5) (life-style inconsistent with declared income) after "allowance" there shall be inserted "prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Order".



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


29th April 2002.

L.S.


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


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations provide for the amendment of various sets of Regulations relating to child support.

Regulation 1 makes provision for citation and commencement.

Regulations 7, 8, 9 and 10 amend the following Regulations and their provisions will take effect when those Regulations come into operation, which is at different times for different cases as determined by commencement order made under section 68(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 ("the Act"):

Regulations 2(3)(a) and 6 amend the Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992 ("the Information Regulations") and the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 ("the Decisions and Appeals Regulations"), respectively, and will come into operation at different times for different cases as determined by commencement order made under section 68(2) of the Act.

Regulations 2(2) and (3)(b), 3, 4 and 5 amend Regulations which are in operation and come into effect on 30th April 2002.

Regulation 2 amends the Information Regulations to add to the categories of persons under a duty to furnish information, regulation 3 makes a minor amendment to the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 and regulation 4 amends the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 so that an Income Support enhanced disability premium can be included in the calculation of exempt income.

Regulation 5 amends the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 to provide that certain payments in respect of variant Creutzfeldt-Jakob disease may not be taken into account for the purposes of a departure direction.

Regulation 6 amends the Decisions and Appeals Regulations. Paragraph (2)(a)(i) inserts a new ground for revision under regulation 3A of the Decisions and Appeals Regulations. Paragraph (2)(a)(ii) provides for revision of certain (maintenance calculation) decisions where a person was not the parent of a relevant child. Paragraph (2)(c) inserts a new paragraph (5A) into regulation 3A of the Decisions and Appeals Regulations to provide for certain decisions to be revised at any time. Paragraph (4) provides dates when a supersession takes effect in a case where a flat rate liability is being paid, will become payable or will cease to be payable, at a different rate in accordance with paragraph 4(2) of Schedule 1 to the Child Support (Northern Ireland) Order 1991 ("the Order"), when non-resident parents become or cease to become partners and certain other consequential and incidental provisions as to supersession and time limits for appeals.

Regulation 7 makes minor amendments to the Maintenance Calculation Procedure Regulations. It also specifies the period of notice for the purposes of Article 43(6) of the Order and makes provisions for the effective date of a maintenance calculation in specific cases and clarifies that the transitional provisions in regulation 30(4) to (7) are to apply where Article 9 of the Order prior to its amendment by the Act applied immediately before the commencement date.

Regulation 8 amends the Maintenance Calculations and Special Cases Regulations as to how disabled person's tax credit is to be taken into account in calculating the income of a non-resident parent and clarifies the type of income from self-employment which will be relevant for a maintenance calculation.

Regulation 9 amends the Transitional Regulations to provide for the time within which an appeal must be brought against a conversion decision to be either within the time from the date of notification of the conversion decision to one month after the date on which that decision takes effect, or as determined under the Decisions and Appeals Regulations, whichever is the later. It also amends those Regulations to clarify which cases are within the conversion provisions in regulation 15(2) of those Regulations, to provide for the transitional amount to be payable in certain flat rate cases and its apportionment between persons with care, to make provision for the effect on a conversion calculation where there is more than one revelant property transfer, or a combination of relevant property transfers and relevant departure directions, to provide for case conversion date provisions to apply to all maintenance assessments, to provide additional cases where the subsequent decision amount is payable and to provide that the linking provisions in regulation 28 of those Regulations do not apply in certain circumstances.

Regulation 10 makes a similar amendment to the Variations Regulations to that made by regulation 5 and makes other minor changes to those Regulations. It also amends regulation 7 of those Regulations so the preliminary consideration provisions apply to an application made under Article 28A of the Order and amends regulation 18 of those Regulations to provide that in certain circumstances land or property held as a business or trade asset is not excluded from the definition of "asset".

Articles 22(4), 28B(2)(c), 28E(1), 28G and 43(10) of, and paragraph 10 of Schedule 1 and paragraphs 3, 4 and 5 of Schedule 4B to, the Order and section 28 of the Act are some of the enabling provisions under which these Regulations are made. Articles 22, 28B, 28G and 43 of, and paragraph 10 of Schedule 1 and Schedule 4B to, the Order were substituted by sections 5(2), 7, 10 and 18 of, and paragraph 10 of Schedule 1 and Part II of Schedule 2 to, the Act and Article 28E(1) of the Order was amended by section 5(4)(a) of the Act. Sections 5, 7, 10, 18 and 28 of, and Schedule 1 and Part II of Schedule 2 to, the Act were brought into operation, for the purposes only of authorising the making of regulations on 22nd November 2000, and section 7 of the Act, in so far as it relates to Article 28G(2) of the Order, was brought fully into operation on 1st January 2001, 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)).

These Regulations do not impose a charge on business.


Notes:

[1] S.I. 1991/2628 (N.I. 23); Article 16(1) was amended by paragraph 3 of Schedule 3 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and paragraph 14 of Schedule 6 and Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)); Articles 18 and 19 were substituted respectively, by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998; Articles 22 and 28B are substituted respectively, by sections 10 and 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(1) of the Child Support (Northern Ireland) Order 1995 and amended by section 5(4) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Articles 28G and 43 are substituted respectively, by sections 7 and 18 of that Act; Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and paragraph 10 of Schedule 1 and Schedule 4B are substituted respectively, by section 1(3) of, and Schedule 1 to, and section 6(2) of, and Part II of Schedule 2 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

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

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

[4] S.R. 1992 No. 339; relevant amending regulations are S.R. 2001 No. 16back

[5] Sub-paragraph (h) was added by regulation 2(5)(d) of S.R. 2001 No. 16back

[6] 1988 c. 52; sections 97 to 99A were amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), the Road Traffic Act 1991 (c. 40), the Driving Licence (Community Driving Licence) Regulations (S.I. 1990/144), the Driving Licence (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) and the Driving Licence (Community Driving Licence) Regulations 1998 (S.I. 1998/1420)back

[7] 1952 c. 52back

[8] 1989 c. 45back

[9] 1992 No. 340; regulation 31A was inserted by regulation 3(21) of S.R. 1995 No. 475 and amended by regulation 2(16) of S.R. 1999 No. 167back

[10] S.R. 1992 No. 341; to which there are amendments not relevant to these Regulationsback

[11] Paragraph 13A was substituted by regulation 2(c)(ii) of S.R. 2000 No. 367back

[12] Sub-paragraph (8) was added by regulation 2(c)(iii) of S.R. 2000 No. 367back

[13] S.R. 1996 No. 541; to which there are amendments not relevant to these Regulationsback

[14] S.R. 1987 No. 459; paragraph 59 was inserted by regulation 2(1) of S.R. 2001 No. 150back

[15] S.R. 1999 No. 162; relevant amending regulations are S.R. 2001 No. 23back

[16] Regulation 3A is inserted by regulation 2(4) of S.R. 2001 No. 23back

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

[18] Article 28D was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 and paragraph (1) is substituted by section 5(3)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[19] Regulation 6B was inserted by regulation 2(7) of S.R. 2001 No. 23back

[20] Regulation 7B was inserted by regulation 2(8) of S.R. 2001 No. 23back

[21] Regulation 6A was inserted by regulation 2(7) of S.R. 2001 No. 23back

[22] Paragraph 4 is substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

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

[24] Article 43 is substituted by section 18 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[25] 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

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

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

[28] Section 128 was amended by Article 12 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 (S.I. 1995/2705 (N.I. 15)), section 14 of, and Schedule 1 to, the Tax Credits Act 1999 (c. 10) and Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back

[29] S.R. 1992 No. 78; relevant amending regulations are S.R. 1993 Nos. 120 and 373, S.R. 1994 Nos. 274 and 327, S.R. 1995 No. 86, S.R. 1996 Nos. 405, 476 and 583, S.R. 1997 No. 515, S.R. 1998 No. 2 and S.R. 1999 No. 107back

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

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

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

[33] S.R. 1987 No. 459; paragraph 22 was added by regulation 37(e) of S.R. 1988 No. 146, substituted by regulation 4(8)(a) of S.R. 1991 No. 204 and amended by regulation 5(6) of S.R. 1992 No. 201, regulation 5(3) of S.R. 1993 No. 195, regulation 5(5) of S.R. 1993 No. 233 and the Schedule to S.R. 2000 No. 241 and paragraph 59 was inserted by regulation 2(1) of S.R. 2001 No. 150back



ISBN 0 33794263 3


  © Crown copyright 2002

Prepared 15 May 2002


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