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2003 No. 53 (C. 4)

FAMILY LAW

CHILD SUPPORT

The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003

  Made 5th February 2003 

The Department for Social Development, in exercise of the powers conferred on it by section 68(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[1] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003.

    (2) In this Order -

Appointed day for the coming into operation of section 2(1) and (2) for the purpose of making regulations
     2. 7th February 2003 is the day appointed for the coming into operation of section 2(1) and (2) (applications under Article 7 of the Child Support Order), for the purpose only of authorising the making of regulations.

Appointed day for the coming into operation of provisions specified in the Schedule to this Order
    
3.  - (1) 3rd March 2003 is the day appointed for the coming into operation of the provisions of the Act specified in the Schedule to this Order, in so far as not already in operation, for the purpose of -

    (2) For the purposes of paragraph (1)(b) "a related decision" is -

Appointed day for the coming into operation of sections 3 and 18
    
4. 3rd March 2003 is the day appointed for the coming into operation of sections 3 (applications by persons claiming or receiving benefit) and 18 (reduced benefit decisions), in so far as not already in operation, for the purpose of the following cases -

Appointed day for the coming into operation of section 19
    
5. 3rd March 2003 is the day appointed for the coming into operation of section 19 (voluntary payments), in so far as not already in operation, for the purposes of cases where an application for child support maintenance is made to the Department (whether or not in writing) and the effective date would be on or after 3rd March 2003.

Appointed day for the coming into operation of section 22, and an associated repeal
    
6.  - (1) 3rd March 2003 is the day appointed for the coming into operation of -

for the purposes of the cases specified in paragraph (2).

    (2) Those cases are -

Appointed day for the coming into operation of section 28, and paragraph 23 of Schedule 3
     7. 3rd March 2003 is the day appointed for the coming into operation of -

The effective date
     8.  - (1) For the purposes of this Order "the effective date" means, in relation to any case, the date which would be the effective date of a maintenance assessment under regulation 29 (effective dates of new maintenance assessments) or 32(7) (maintenance periods) of the Assessment Procedure Regulations[7] or regulation 3(4), (6) or (7) of the Arrangements and Jurisdiction Regulations[8] (relationship between maintenance assessments and certain court orders), whichever would apply to the case in question, or would have applied had the effective date not fallen to be determined under regulation 8C (effective date of an interim maintenance assessment) or 29A (effective dates of new maintenance assessments in particular cases) of the Assessment Procedure Regulations[9]; and paragraphs (2) and (3) shall apply in relation to the application of those Regulations for this purpose.

    (2) In the application of the Assessment Procedure Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, those Regulations shall be applied as if references in regulation 29 -

    (3) In the application of the Arrangements and Jurisdiction Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(7) of the Arrangements and Jurisdiction Regulations shall be applied as if the reference to the date when the maintenance enquiry form was given or sent to the absent parent were to the date on which the absent parent is first notified by the Department (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent.



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


5th February 2003.

L.S.


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


SCHEDULE
Article 3


PROVISIONS COMING INTO OPERATION ON 3rd MARCH 2003 FOR THE PURPOSES SET OUT IN ARTICLE 3


Provision of the Act Subject Matter
Section 1(1) and (2) Maintenance calculations and terminology
Section 2 Order Applications under Article 7 of the Child Support
Section 4 Default and interim maintenance decisions
Section 5 maintenance Departure from usual rules for calculating
Section 7 Variations: revision and supersession
Section 8 Revision of decisions
Section 9 Decisions superseding earlier decisions
Section 10 Appeals to appeal tribunals
Section 12 Information required by the Department
Section 17 Financial penalties
Section 20 deduction from benefit Recovery of child support maintenance by
Section 21(4) Jurisdiction
Section 24 Regulations
Schedule 1 and section 1(3) Support Order Substituted Part I of Schedule 1 to the Child
Schedule 2 and section 6 Support Order Substituted Schedules 4A and 4B to the Child
Schedule 3 (except for paragraph 23) and section 25 Amendment of statutory provisions relating to child support
Part I of Schedule 9 (except in so far as it repeals Article 4 of the Child Support (Northern Ireland) Order 1995) and section 67 so far as it relates to that Part Repeals (child support)



EXPLANATORY NOTE

(This note is not part of the Order.)


This Order brings into operation further provisions of Part I of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 ("the Act"), and related repeals.

Section 2(1) and (2) of the Act is brought into operation on 7th February 2003 for the purpose of authorising the making of regulations (Article 2).

Provisions of the Act which amend the child support scheme as provided for by the Child Support (Northern Ireland) Order 1991 ("the Child Support Order") are commenced by Article 3 for the purposes of cases -

The main provisions commenced by Article 3 for the purposes of the cases referred to above concern the maintenance calculation and applications under Article 7 of the Child Support Order (sections 1 and 2 and Schedule 1), default and interim maintenance decisions and variations (sections 4 to 7 and Schedule 2), decision-making and appeals (sections 8 to 10), information and financial penalties (sections 12 and 17) and recovery by deduction from benefits and jurisdiction (sections 20 and 21(4)). In addition, Article 3 commences, for the cases described above, section 24 (regulations), Schedule 3 (amendment of statutory provisions) except for paragraph 23 of that Schedule, and associated repeals in Part I of Schedule 9.

Sections 3 and 18 of the Act (applications by those claiming or receiving benefit and reduced benefit decisions), which substitute new Articles 9 and 43 in the Child Support Order, are commenced by Article 4 for the purpose of cases -

Article 5 commences section 19 of the Act which inserts into the Child Support Order a new Article 28J concerning voluntary payments. The commencement applies to cases where child support liability is determined, as described above, to begin or after 3rd March 2003. Article 6 commences section 22 of the Act on 3rd March 2003, which provides that Article 4 of the Child Support (Northern Ireland) Order 1995 (relating to child maintenance bonus) is to cease to have effect. Section 28 (transitional provisions, savings, etc.) of, and paragraph 23 of Schedule 3 to, the Act, which substitutes Article 30(2) in the Child Support Order (concerning the collection of payments other than child support maintenance) are brought into operation on 3rd March 2003 (Article 7).

This Order does not impose any new costs on business.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order.)


The following provisions of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 have been brought into operation by earlier commencement orders as from the dates shown.

Provision Date of Commencement S.R. Number
Sections 1(3) and 3 to 6 (partially) 22.11.00 2000 No. 358 (C. 16)
Section 7 (partially) 22.11.00 and 1.1.01 2000 No. 358 (C. 16)
Sections 9 and 10 (partially) 22.11.00 2000 No. 358 (C. 16)
Section 11 15.2.01 2000 No. 406 (C. 21)
Sections 13 to 15 31.1.01 2000 No. 406 (C. 21)
Section 16 (partially) 22.11.00 2000 No. 358 (C. 16)
     2.4.01 2000 No. 406 (C. 21)
Sections 17 to 20 (partially) 22.11.00 2000 No. 358 (C. 16)
Section 21(1) and (2) 31.1.01 2000 No. 406 (C. 21)
Section 21(3) (partially) 22.11.00 2000 No. 358 (C. 16)
     31.1.01 2000 No. 406 (C. 21)
Section 24 (partially) 22.11.00 2000 No. 358 (C. 16)
Section 25 (partially) 22.11.00 and 1.1.01 2000 No. 358 (C. 16)
     31.1.01 2000 No. 406 (C. 21)
     2.4.01 2001 No. 141 (C. 8)
Section 26 (partially) 22.11.00 and 1.1.01 2000 No. 358 (C. 16)
Section 28 (partially) 22.11.00 2000 No. 358 (C. 16)
Sections 29 and 30 8.1.01 2000 No. 358 (C. 16)
     1.2.01 and 6.4.02 2001 No. 34 (C. 1)
Section 31 8.1.01 2000 No. 358 (C. 16)
     9.4.01 2001 No. 34 (C. 1)
Section 32 8.1.01 2000 No. 358 (C. 16)
     1.2.01 2001 No. 34 (C. 1)
Section 33 8.1.01 2000 No. 358 (C. 16)
     1.2.01 and 6.4.02 2001 No. 34 (C. 1)
Section 36 8.1.01 2000 No. 374 (C. 18)
Section 37 22.11.00 2000 No. 358 (C. 16)
Section 38 1.12.00 and 1.1.01 2000 No. 374 (C. 18)
Sections 43 and 44 1.3.02 and 1.4.02 2002 No. 68 (C. 5)
Section 45 (partially) 1.3.02 and 1.4.02 2002 No. 68 (C. 5)
Section 46 1.3.02 and 1.4.02 2002 No. 68 (C. 5)
Section 47 1.12.00 2000 No. 374 (C. 18)
Section 48 (partially) 1.1.01 2000 No. 374 (C. 18)
Section 49 1.12.00 2000 No. 374 (C. 18)
Section 50 (partially) 1.3.02 2002 No. 68 (C. 5)
Section 51 23.7.01 2001 No. 249 (C. 12)
Section 52 (partially) 22.11.00 2000 No. 358 (C. 16)
     1.1.01 and 12.2.01 2000 No. 374 (C. 18)
     2.4.01 2001 No. 141 (C. 8)
Section 58 (partially) 22.11.00 2000 No. 358 (C. 16)
     2.4.01 2001 No. 141 (C. 8)
Sections 59 and 60 (partially) 22.11.00 2000 No. 358 (C. 16)
     2.7.01 2001 No. 141 (C. 8)
Section 61 2.7.01 2001 No. 249 (C. 12)
Section 62 (partially) 22.11.00 2000 No. 358 (C. 16)
     1.10.01 2001 No. 249 (C. 12)
Sections 63 and 64 22.11.00 2000 No. 358 (C. 16)
Sections 65 and 66 23.3.02 and 15.4.02 2002 No. 118 (C. 8)
Section 67 (partially) 22.11.00 2000 No. 358 (C. 16)
     1.12.00 and 1.1.01 2000 No. 374 (C. 18)
     9.4.01 2001 No. 34 (C. 1)
     2.4.01 and 2.7.01 2001 No. 141 (C. 8)
     1.3.02 and 1.4.02 2002 No. 68 (C. 5)
     15.4.02 2002 No. 118 (C. 8)
Schedules 1 and 2 (partially) 22.11.00 2000 No. 358 (C. 16)
Schedule 3 (partially) 22.11.00 and 1.1.01 2000 No. 358 (C. 16)
     31.1.01 2000 No. 406 (C. 21)
     2.4.01 2001 No. 141 (C. 8)
Schedule 4 (partially) 8.1.01 2000 No. 358 (C. 16)
     1.2.01 and 6.4.02 2001 No. 34 (C. 1)
Schedule 5 (partially) 22.11.00 2000 No. 358 (C. 16)
     1.1.01 and 12.2.01 2000 No. 374 (C. 18)
     2.4.01 2001 No. 141 (C. 8)
Schedule 6 (partially) 22.11.00 2000 No. 358 (C. 16)
     2.4.01 2001 No. 141 (C. 8)
Schedule 7 (partially) 22.11.00 2000 No. 358 (C. 16)
     2.7.01 2001 No. 141 (C. 8)
Schedule 8 23.3.02 and 15.4.02 2002 No. 118 (C. 8)
Schedule 9 (partially) 22.11.00 2000 No. 358 (C. 16)
     1.12.00 and 1.1.01 2000 No. 374 (C. 18)
     9.4.01 2001 No. 34 (C. 1)
     2.4.01 and 2.7.01 2001 No. 141 (C. 8)
     1.3.02 and 1.4.02 2002 No. 68 (C. 5)
     15.4.02 2002 No. 118 (C. 8)


Notes:

[1] 2000 c. 4 (N.I.)back

[2] S.R. 1992 No. 466; relevant amending regulations are S.R. 1995 Nos. 19, 162 and 475back

[3] S.R. 1992 No. 340; relevant amending regulations are S.R. 1995 Nos. 162 and 475, S.R. 1996 No. 590, S.R. 1998 No. 8 and S.R. 1999 No. 167back

[4] See regulation 4(2) of S.R. 2001 No. 18back

[5] S.I. 1995/2702 (N.I. 13)back

[6] Article 30(2) is not yet in operationback

[7] Regulation 29 was amended by 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. 167 and regulation 32(7) was added by regulation 3(22)(b) of S.R. 1995 No. 475back

[8] Paragraph (4) was amended by regulation 7(2) of S.R. 1995 No. 475, paragraph (6) was added by regulation 3 of S.R. 1995 No. 19 and paragraph (7) was added by regulation 7(4)(b) of S.R. 1995 No. 162 and amended by regulation 7(2) of S.R. 1995 No. 475back

[9] Regulation 8C was inserted by regulation 3(3) of S.R. 1995 No. 475 and amended by regulation 2(6) of S.R. 1999 No. 167 and regulation 29A was inserted by regulation 3(19) of S.R. 1995 No. 475 and amended by regulation 2(5) of S.R. 1996 No. 590, regulation 3(7) of S.R. 1998 No. 8 and regulation 2(14) of S.R. 1999 No. 167back



ISBN 0 33794858 5


  © Crown copyright 2003

Prepared 19 February 2003


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