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2003 No. 84

FAMILY LAW

CHILD SUPPORT

SOCIAL SECURITY

The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

  Made 20th February 2003 
  Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Articles 19(5), 28B(2)(c), 28E(5), 31(8), 38(4)(a), 39, 43(5), 47 and 48(4) of, and paragraphs 5, 6, 7, 10 and 11 of Schedule 1 and paragraphs 2(2) and 5(1) 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. These Regulations may be cited as the Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation as follows -

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations
    
2. In regulation 34A of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[4] (circumstances in which a reduced benefit direction shall not be given) after paragraph (b) there shall be added -

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations
     3.  - (1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992[6] shall be amended in accordance with paragraphs (2) to (7).

    (2) In regulation 1(2) (citation, commencement and interpretation) -

    (3) In regulation 10A[10] (assessable income: working families' tax credit or disabled person's tax credit paid to or in respect of a parent with care or an absent parent) in the heading and in paragraph (1) for "working families' tax credit or disabled person's tax credit" there shall be substituted "working tax credit".

    (4) In regulation 11(2)(a)[11] (protected income) after head (v) there shall be added the following head -

    (5) In Schedule 1 (calculation of N and M) -

    (6) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M) -

    (7) In Schedule 4[18] (cases where child support maintenance is not to be payable) paragraph (a)(xi) shall be omitted.

Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations
     4. In regulation 6 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992[19] (rate of interest and calculation of interest) -

Amendment of the Child Support (Collection and Enforcement) Regulations
     5. In regulation 8(4) of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992[22] (interpretation of Part III - deduction from earnings orders) after sub-paragraph (e) there shall be added the following sub-paragraph -

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations
     6.  - (1) The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996[23] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 9[24] (departure directions and persons in receipt of income support, income-based jobseeker's allowance, working families' tax credit or disabled person's tax credit) in the heading and in paragraphs (1)(b) and (3)(b) for ", working families' tax credit or disabled person's tax credit" there shall be substituted "or working tax credit".

    (3) In regulation 12[25] (meaning of "benefit" for the purposes of Article 28E of the Order) for "working families' tax credit, disabled person's tax credit" there shall be substituted "working tax credit".

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
     7. In regulation 7B of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[26] (date from which a decision superseded under Article 19 of the Child Support Order takes effect) after paragraph (17) there shall be inserted the following paragraphs -

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations
     8.  - (1) The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001[27] shall be amended in accordance with paragraphs (2) to (8).

    (2) In regulation 5(1) (notice of an application for a maintenance calculation) after "Order, or" there shall be inserted "an application".

    (3) In regulation 10 (circumstances in which a reduced benefit decision shall not be given) after paragraph (b) there shall be added -

    (4) In regulation 24(1) (effective dates of maintenance calculations) after "to 28" there shall be inserted "and 30".

    (5) Regulation 28[28] (effective dates of maintenance calculations in specified cases) shall be renumbered paragraph (1) of regulation 28 and -

    (6) In regulation 29(2) (revocation and savings) for "regulation 30(2)" there shall be substituted "regulation 30(1C)(b) and (2)".

    (7) In regulation 30[31] (transitional provision - effective dates and reduced benefit decisions) -

    (8) After Schedule 2 (multiple applications) there shall be added, as Schedule 3, the Schedule set out in the Schedule to these Regulations.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations
     9.  - (1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[36] shall be amended in accordance with paragraphs (2) to (4).

    (2) In regulation 1(2) (citation, commencement and interpretation) -

    (3) In regulation 8(1)(a) (persons treated as non-resident parents) for "qualifying child" there shall be substituted "child, being a child in respect of whom an application for a maintenance calculation has been made or treated as made".

    (4) In the Schedule (net weekly income) -

Amendment of the Child Support (Transitional Provisions) Regulations
    
10.  - (1) The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001[38] shall be amended in accordance with paragraphs (2) to (13).

    (2) In regulation 2(1) (interpretation) -

    (3) In regulation 3(1) (decision and notice of decision) -

    (4) In regulation 10[39] (circumstances in which a transitional amount is payable) after "22" there shall be inserted ", an amount calculated under regulation 26 of the Variations Regulations".

    (5) In regulation 11 (transitional amount - basic, reduced and most flat rate cases) -

    (6) In regulation 15 (case conversion date) -

    (7) In regulation 16 (conversion calculation and conversion decision) -

    (8) In regulation 22 (effect on conversion calculation - maximum amount payable where relevant departure direction is on additional cases ground) -

    (9) In regulation 24[47] (phasing amount) -

    (10) In regulation 25 (maximum transitional amount) -

    (11) In regulation 27[48] (subsequent decision with effect in transitional period - amount payable) after paragraph (6) there shall be added the following paragraphs -

    (12) In regulation 28 (linking provisions) in paragraphs (6), (7), (7A) and (8)(a)[49] for "conversion calculation", wherever it occurs, there shall be substituted "conversion decision".

    (13) In regulation 33(1) (saving in relation to revision of, or appeal against, a conversion or subsequent decision) -

Amendment of the Child Support (Variations) Regulations
     11. In regulation 7(5)(b) of the Child Support (Variations) Regulations (Northern Ireland) 2001[50] (prescribed circumstances) for the words from "working families' " to "of that Act)" there shall be substituted "working tax credit under section 10 of the Tax Credits Act 2002".

Revocations
     12. The following provisions are hereby revoked -



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


20th February 2003.

L.S.


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


SCHEDULE
Regulation 8(8)


SCHEDULE 3 TO BE ADDED TO THE CHILD SUPPORT (MAINTENANCE CALCULATION PROCEDURE) REGULATIONS






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 2, 3(2) to (5), (6)(a) and (b) and (7), 5, 6, 8(3), 9(2) and (4) and 11 amend, respectively, the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992, the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 ("the Maintenance Assessments and Special Cases Regulations"), the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992, the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996, the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 ("the Maintenance Calculation Procedure Regulations"), the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 ("the Maintenance Calculations and Special Cases Regulations") and the Child Support (Variations) Regulations (Northern Ireland) 2001 ("the Variations Regulations"), as a result of the introduction of child tax credit and working tax credit from 6th April 2003, and the abolition of working families' tax credit and disabled person's tax credit, by the Tax Credits Act 2002.

Regulation 3(6)(c) amends the Maintenance Assessments and Special Cases Regulations to provide that specified payments relating to housing support services shall not be counted as income for child support purposes.

Regulation 4 amends the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 in consequence of the Financial Services and Markets Act 2000.

Regulation 7 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to provide new dates from which a child support decision, which is superseded under Article 19 of the Child Support (Northern Ireland) Order 1991 ("the Order"), takes effect.

Regulation 8 amends the Maintenance Calculation Procedure Regulations. Regulation 8(2) and (4) to (6) makes clarifying and minor amendments. Regulation 8(7) makes additions to the transitional provisions in regulation 30 of those Regulations and inserts provision to set the effective date of a maintenance calculation in a case where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 ("the Transitional Regulations") applies. Regulation 8(8) and the Schedule add Schedule 3 to the Maintenance Calculation Procedure Regulations.

Regulation 9(3) makes a minor clarifying amendment to the Maintenance Calculations and Special Cases Regulations.

Regulation 10 amends the Transitional Regulations. Regulation 10(2), (3), (7) and (12) makes minor amendments. Regulation 10(4) inserts a reference to regulation 26 of the Variations Regulations into regulation 10 of the Transitional Regulations, to bring cases to which that regulation 26 applies within the scope of that regulation 10. Regulation 10(5), (10) and (11) makes amendments for cases where there are two or more persons with care in respect of one non-resident parent and one or more person with care, but not all of them, had a maintenance assessment under the current scheme or is not affected by the phasing provisions in the Transitional Regulations. Regulation 10(6) amends regulation 15 of the Transitional Regulations to make further provision for cases where the conversion of a case from the current scheme to the new scheme will be triggered. Regulation 10(8) amends regulation 22 of the Transitional Regulations to provide for the amounts of child support maintenance payable in cases within the scope of that provision. Regulation 10(9) amends regulation 24 of the Transitional Regulations to provide for the phasing amount which is to apply in a case to which regulation 26 of the Variations Regulations applies. Regulation 10(13) makes an amendment in consequence of the amendments made by regulation 10(6).

Regulation 12 makes consequential revocations.

Articles 19(5), 28B(2)(c), 28E(5) and 43(5) of, and paragraphs 5, 6, 7 and 10 of Schedule 1 and paragraphs 2(2) and 5(1) of Schedule 4B to, the Order and section 28 of the Child Support, Pensions and Social Security (Northern Ireland) Act 2000 ("the Act") are some of the enabling provisions under which these Regulations are made. Articles 28B and 43 of, and Part I of Schedule 1 and Schedule 4B to, the Order are substituted by, respectively, sections 5(2) and 18 of, and Schedule 1 and Part II of Schedule 2 to, the Act. Articles 19 and 28E of the Order are amended by, respectively, sections 9 and 5(4) of the Act. Sections 5, 9, 18 and 28 of, and Schedule 1 and Part II of Schedule 2 to, the Act were brought into operation, for the purpose only of authorising the making of 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)). Section 28, in so far as not already in operation, and sections 5, 9 and 18 of, and Schedule 1 and Part II of Schedule 2 to, the Act, in so far as not already in operation, for the purpose of certain cases, are brought into operation on 3rd March 2003, by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003 (S.R. 2003 No. 53 (C. 4)).

These Regulations do not impose costs on business.


Notes:

[1] S.I. 1991/2628 (N.I. 23); Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and is amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); Article 28B was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and amended by paragraph 20 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and is substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and modified by regulations made under Article 28G(2)(b) of the Child Support (Northern Ireland) Order 1991, as substituted by section 7 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 28E was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 and is amended by section 5(4) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; 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 1998 and is substituted by section 18 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998; paragraph 5 of Schedule 1 was amended by paragraph 4(7) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and Part I of Schedule 1 is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 4B was inserted by Schedule 2 to the Child Support (Northern Ireland) Order 1995 and is substituted by 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. 340; regulation 34A was inserted by regulation 3(23) of S.R. 1995 No. 475 and amended by regulation 20(5) of S.R. 1996 No. 289 and regulation 2(19) of S.R. 1999 No. 167; S.R. 1992 No. 340 is revoked, with savings, by regulation 29 of S.R. 2001 No. 17back

[5] 2002 c. 21back

[6] S.R. 1992 No. 341; relevant amending rules are S.R. 1993 No. 164, S.R. 1995 Nos. 162 and 475, S.R. 1996 Nos. 288, 317 and 590 and S.R. 1999 Nos. 246 (C. 20) and 385; S.R. 1992 No. 341 is revoked, with savings, by regulation 15 of S.R. 2001 No. 18back

[7] The definition of "the Child Benefit Rates Regulations" was inserted by regulation 7(2) of S.R. 1996 No. 288back

[8] The definition of "disabled person's tax credit" was substituted for the definition of "disability working allowance" by regulation 2(3)(a) of S.R. 1999 No. 385back

[9] The definition of "working families' tax credit" was inserted by regulation 2(3)(b) of S.R. 1999 No. 385back

[10] Regulation 10A was inserted by regulation 3(3) of S.R. 1996 No. 590 and amended by Article 9(5) of S.R. 1999 No. 246 (C. 20) and regulation 2 of S.R. 1999 No. 385back

[11] Regulation 11(2) was amended by regulation 9(7)(b) of S.R. 1995 No. 162 and regulation 4(5)(b) of S.R. 1995 No. 475back

[12] Paragraph 2(1A) was inserted by regulation 3(7)(b)(ii) of S.R. 1996 No. 590 and amended by Article 9(9)(b)(i) of S.R. 1999 No. 246 (C. 20) and regulation 2 of S.R. 1999 No. 385; paragraph 5(5) was added by regulation 3(7)(d) of S.R. 1996 No. 590 and amended by Article 9(9)(e)(i) of S.R. 1999 No. 246 (C. 20) and regulation 2 of S.R. 1999 No. 385back

[13] Sub-paragraphs (2) to (5) were amended by regulation 4(8)(b) of S.R. 1996 No. 317 and regulation 2(1) of S.R. 1999 No. 385back

[14] S.R. 1987 No. 459; regulation 62(2A) was inserted by regulation 7(a) of S.R. 1992 No. 147, substituted by regulation 3(3)(b) of S.R. 1999 No. 317 and amended by regulation 3(2) of S.R. 2001 No. 278 and regulation 3 of S.R. 2002 No. 222back

[15] Paragraph 19 was substituted by regulation 4(9)(b) of S.R. 1994 No. 77 and amended by regulation 2(12)(c) of S.R. 1995 No. 86 and Article 16(9) of S.R. 2002 No. 99back

[16] Paragraph 47C was inserted by regulation 3(8)(e) of S.R. 1996 No. 590back

[17] S.I. 2002/3154 (N.I. 8)back

[18] Schedule 4 was amended by regulation 5(14) of S.R. 1993 No. 164, regulation 9(18) of S.R. 1995 No. 162 and regulation 2(2) of S.R. 1999 No. 385back

[19] S.R. 1992 No. 342; relevant amending regulations are S.R. 1993 No. 164; regulation 6 is omitted, with savings, by regulations 2(5) and 5 of S.R. 2001 No. 15back

[20] 2000 c. 8back

[21] Paragraph (5) was added by regulation 2(5) of S.R. 1993 No. 164back

[22] S.R. 1992 No. 390; regulation 8(4) was amended by regulation 3(8)(b) of S.R. 2001 No. 15back

[23] S.R. 1996 No. 541; relevant amending regulations are S.R. 1998 No. 8 and S.R. 1999 No. 385; S.R. 1996 No. 541 is revoked, with savings, by regulation 33 of S.R. 2001 No. 20back

[24] Regulation 9 was substituted by regulation 9(3) of S.R. 1998 No. 8 and amended by regulation 2 of S.R. 1999 No. 385back

[25] Regulation 12 was amended by regulation 2 of S.R. 1999 No. 385back

[26] S.R. 1999 No. 162; regulation 7B was inserted by regulation 2(8) of S.R. 2001 No. 23 and amended by regulation 6(4) of S.R. 2002 No. 164back

[27] S.R. 2001 No. 17; relevant amending regulations are S.R. 2002 No. 164back

[28] Regulation 28 was amended by regulation 7(7) of S.R. 2002 No. 164back

[29] S.R. 1987 No. 465; regulation 6 was amended by S.R. 1988 No. 141, S.R. 1989 No. 398, S.R. 1990 Nos. 137 and 398, S.R. 1991 No. 488, S.R. 1992 No. 7, S.R. 1993 No. 375, S.R. 1994 No. 345, S.R. 1996 Nos. 354 and 449, S.R. 1997 Nos. 156 and 417, S.R. 2000 Nos. 71, 215 and 365, S.R. 2001 Nos. 175 and 176 and S.R. 2002 Nos. 67 and 323back

[30] Paragraph 16 was amended by paragraph 32(5) of Schedule 6 to the Social Security (Northern Ireland) Order 1998back

[31] Regulation 30 was amended by regulation 7(8) of S.R. 2002 No. 164back

[32] S.R. 2001 No. 19; regulation 28(7) was amended by regulation 9(15)(f) of S.R. 2002 No. 164back

[33] 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. 167; regulation 32(7) was added by regulation 3(22)(b) of S.R. 1995 No. 475back

[34] Regulation 3(4) was amended by regulation 7(2) of S.R. 1995 No. 475 and regulation 3(3) of S.R. 2001 No. 16, regulation 3(6) was added by regulation 3 of S.R. 1995 No. 19 and amended by regulation 3(3) of S.R. 2001 No. 16 and regulation 3(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. 475 and regulation 3(2) and (3) of S.R. 2001 No. 16; paragraphs (4) to (7) of regulation 3 are omitted, with savings, by regulations 3(5)(b) and 4 of S.R. 2001 No. 16back

[35] Regulations 8 to 8D were substituted for regulation 8 by regulation 3(3) of S.R. 1995 No. 475 and regulation 8C was amended by regulation 2(6) of S.R. 1999 No. 167; 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

[36] S.R. 2001 No. 18; relevant amending regulations are S.R. 2002 No. 164back

[37] Paragraph 13 was substituted by regulation 8(b) of S.R. 2002 No. 164back

[38] S.R. 2001 No. 19; relevant amending regulations are S.R. 2002 No. 164back

[39] Regulation 10 was amended by regulation 9(4) of S.R. 2002 No. 164back

[40] Paragraph (4) was amended by regulation 9(7) of S.R. 2002 No. 164back

[41] The definition of "maintenance assessment" was inserted by regulation 9(7)(b) of S.R. 2002 No. 164back

[42] Article 38B was inserted by Article 16 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and is amended by section 19(3) and (4) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))back

[43] Paragraph 1 was amended by regulation 9(10) of S.R. 2002 No. 164back

[44] 1992 c. 7back

[45] S.I. 1983/883; article 14 was substituted by S.I. 2001/409; a rticle 15 was amended by S.I. 2001/409; article 16 was amended by S.I. 1984/1687 and S.I. 2001/409; article 26A was inserted by S.I. 1983/1116 and amended by S.I. 1983/1521, S.I. 1986/592, S.I. 1990/1308, S.I. 1991/766, S.I. 1992/710, S.I. 1995/766, S.I. 1997/286 and S.I. 2001/409back

[46] Article 18 was amended by S.I. 1984/1154, S.I. 1992/710, S.I. 1997/286, S.I. 2001/409 and S.I. 2002/792back

[47] Paragraph (3) was amended, and paragraph (4) was added, by regulation 9(13) of S.R. 2002 No. 164back

[48] Regulation 27 was amended by regulation 9(14) of S.R. 2002 No. 164back

[49] Paragraph (7) was amended, paragraph (7A) was inserted and paragraph (8) was amended by regulation 9(15) of S.R. 2002 No. 164back

[50] S.R. 2001 No. 20; regulation 7 was amended by regulation 10(2) of S.R. 2002 No. 164back

[51] S.R. 1999 No. 385back

[52] S.R. 2002 No. 164back



ISBN 0 33794960 3


  © Crown copyright 2003

Prepared 13 March 2003


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