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2003 No. 469

FAMILY LAW

CHILD SUPPORT

The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

  Made 4th November 2003 
  Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Articles 14(2), 18(1), 19(3), 28E(5), 39, 43, 47 and 48(4) of, and paragraphs 4, 5, 6, 10(1) and 11 of Schedule 1 and paragraphs 2, 3(1)(b), 4(1)(b) 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 Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and, subject to paragraph (2), shall come into operation on 5th November 2003.

    (2) Regulations 2(2), (4)(b) and (f) and (5)(b) and (f), 3(2)(a) to (d), (3) and (5), 5(2), (3)(b) and (f) and (4)(b) and (f), 6(2)(a) to (c) and (e) and (4), 9 (in so far as it relates to those provisions of regulations 2 and 5) and 10(e) to (f) shall come into operation on the day on which Articles 10 and 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[4] come into operation (or, if those Articles come into operation on different days, whichever day is the later).

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations
     2.  - (1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[5] shall be amended in accordance with paragraphs (2) to (5).

    (2) In regulation 1(3)[6] (citation, commencement and interpretation) -

    (3) In regulations 8D(8)[9] (miscellaneous provisions in relation to interim maintenance assessments) and 29A(5)[10] (effective dates of new maintenance assessments in particular cases) after "income support", wherever it occurs, there shall be inserted ", state pension credit".

    (4) In regulation 39 (suspension of a reduced benefit direction when a modified applicable amount is payable) -

    (5) In regulation 39ZA (suspension of a reduced benefit direction in the case of modified applicable amounts in jobseeker's allowance) -

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[13] shall be amended in accordance with paragraphs (2) to (7).

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

    (3) In regulation 9(1)[17] (exempt income: calculation or estimation of E) for sub-paragraph (h) there shall be substituted the following sub-paragraph -

    (4) After regulation 10A[18] (assessable income: working tax credit paid to or in respect of a parent with care or an absent parent) there shall be inserted the following regulation -

    (5) In regulation 11(1)[19] (protected income) for sub-paragraph (i) there shall be substituted the following sub-paragraph -

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

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

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations
     4.  - (1) The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996[27] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 9[28] (departure directions and persons in receipt of income support, income-based jobseeker's allowance or working tax credit) in the heading and in paragraphs (1)(a), (b) and (c), (2)(a) and (b) and (3)(a), (b) and (c) after "income support" there shall be inserted ", state pension credit".

    (3) In regulation 12[29] (meaning of "benefit" for the purposes of Article 28E of the Order) after "income support" there shall be inserted ", state pension credit".

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations
     5.  - (1) The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001[30] shall be amended in accordance with paragraphs (2) to (4).

    (2) In regulation 8(2)(b) (interpretation of Part IV) -

    (3) In regulation 14 (suspension of a reduced benefit decision when a modified applicable amount is payable (income support)) -

    (4) In regulation 15 (suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker's allowance)) -

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations
     6.  - (1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[31] shall be amended in accordance with paragraphs (2) to (5).

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

    (3) In regulation 4(1)[38] (flat rate) -

    (4) In regulation 5(1)(f) (nil rate) for "in a residential care home or nursing home" there shall be substituted "who is resident in a residential care home, nursing home or an independent hospital".

    (5) In regulation 11 (non-resident parent liable to pay maintenance under a maintenance order) -

Amendment of the Child Support (Transitional Provisions) Regulations
     7.  - (1) The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001[39] shall be amended in accordance with paragraphs (2) to (7).

    (2) In regulation 2(1) (interpretation) in the definition of "maximum transitional amount" for the words after "amount"" there shall be substituted "has the meaning given in regulation 25(5), (6) or (7), whichever is applicable;".

    (3) In regulation 7(g)(ii) (grounds on which a conversion decision may not be revised, superseded or altered on appeal) the words "where" and "the relevant property transfer to be replaced with" shall be omitted.

    (4) In regulation 17[40] (relevant departure direction and relevant property transfer) after paragraph (9) there shall be added the following paragraph -

    (5) In regulation 24[42] (phasing amount) -

    (6) In regulation 25[43] (maximum transitional amount) after paragraph (4) there shall be added the following paragraphs -

    (7) In regulation 27[45] (subsequent decision with effect in transitional period - amount payable) -

Amendment of the Child Support (Variations) Regulations
     8. In regulation 28 (transitional provisions - conversion decisions) of the Child Support (Variations) Regulations (Northern Ireland) 2001[46] for "Where" there shall be substituted "Subject to regulation 17(10) of the Transitional Regulations, where".

Savings
     9. Regulations 1(3), 39 and 39ZA of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 and regulations 8(2)(b), 14 and 15 of the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 shall continue to have effect in relation to a person to whom any of those provisions applied before the date these Regulations come into operation as if regulations 2(2), (4) and (5), 5 and 10 of these Regulations had not come into operation.

Revocations
     10. The following regulations are hereby revoked -



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


4th November 2003.

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 2(2), (4)(b) and (f) and (5)(b) and (f), 3(2)(a) to (d), (3) and (5), 5(2), (3)(b) and (f) and (4)(b) and (f) and 6(2)(a) to (c) and (e) and (4) amend, respectively, the Maintenance Assessment Procedure Regulations, the Maintenance Assessments and Special Cases Regulations, the Maintenance Calculation Procedure Regulations and the Maintenance Calculations and Special Cases Regulations in consequence of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. The amendments will take effect from the date Articles 10 and 11 of that Order come into operation.

Regulations 2(3), 3(2)(e), (4) and (7)(a) and 4 amend, respectively, the Maintenance Assessment Procedure Regulations, the Maintenance Assessments and Special Cases Regulations and the Departure Direction Regulations in consequence of the introduction of state pension credit.

Regulations 2(4)(a) and (5)(a) and 5(3)(a) and (4)(a) make minor drafting amendments to the Maintenance Assessment Procedure Regulations and the Maintenance Calculation Procedure Regulations.

Regulations 2(4)(c) to (e) and (5)(c) to (e) and 5(3)(c) to (e) and (4)(c) to (e) amend, respectively, the Maintenance Assessment Procedure Regulations and the Maintenance Calculation Procedure Regulations in consequence of the abolition of the residential allowance in income support and income-based jobseeker's allowance.

Regulations 3(6) and (7)(b) and (d) and 6(2)(g) and (3) amend, respectively, the Maintenance Assessments and Special Cases Regulations and the Maintenance Calculations and Special Cases Regulations to provide for a war widower's pension to be treated for child support purposes in the same way as a war widow's pension and for the treatment for child support purposes of specific payments for war widows and widowers.

Regulation 3(7)(c) amends the Maintenance Assessments and Special Cases Regulations in consequence of the Housing Support Services Regulations (Northern Ireland) 2003 (S.R. 2003 No. 172) (which prescribe the persons eligible for payment of grants for housing support services).

Regulation 6 amends the Maintenance Calculations and Special Cases Regulations. Regulation 6(2)(d) amends the definition of "occupational pension scheme" and regulation 6(2)(f) substitutes the definition of "training allowance". Regulation 6(5) amends the provision for cases where a non-resident parent is liable to pay child support maintenance as well as child maintenance under a court order in respect of a different child.

Regulation 7 amends the Transitional Regulations. Regulation 7(2) and (6) amends provisions in respect of the "maximum transitional amount", which is the most a non-resident parent can be required to pay in child support maintenance, to make provision for cases where regulation 22 of the Transitional Regulations or regulation 26 of the Variations Regulations applies. Regulation 7(3) amends regulation 7(g)(ii) of the Transitional Regulations to link the ground set out in that provision to the making of an application for a variation in relation to the same transfer of capital or property as has been taken into account as a "relevant property transfer" in the conversion decision. Regulation 7(4) amends the Transitional Regulations to ensure that a relevant property transfer and a variation cannot be in force at the same time in relation to the same property or capital transfer. Regulation 7(5) and (7) amends, respectively, regulations 24 and 27 of the Transitional Regulations to make provision for cases where a subsequent decision is made.

Regulation 8 makes an amendment to the Variations Regulations in consequence of the amendment made by regulation 7(4).

Regulation 9 makes savings provisions in respect of the amendments made by regulations 2(2), (4) and (5) and 5.

Regulation 10 makes consequential revocations.

These Regulations do not impose any costs on business.

Notes:

 [1] S.I. 1991/2628 (N.I. 23); Article 14 was amended by paragraph 12 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)); Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and is amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 and is amended by section 9 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 (S.I. 1995/2702 (N.I. 13)); Article 39 is amended by paragraph 11 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 43 was amended by paragraph 10 of Schedule 3 to the Child Support (Northern Ireland) Order 1995, paragraph 4(5) of Schedule 2 to the Jobseekers Allowance (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), paragraph 28 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and Schedule 6 to the Tax Credits Act 1999 (c. 10) 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 and is amended by paragraph 27 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; paragraph 5 of Schedule 1 was amended by paragraph 4(7) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 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.I. 2003/431 (N.I. 9)back

[5] S.R. 1992 No. 340; relevant amending regulations are S.R. 1993 No. 164, S.R. 1995 Nos. 162 and 475, S.R. 1996 Nos. 289 and 590, S.R. 1998 No. 8 and S.R. 1999 No. 167; S.R. 1992 No. 340 is revoked, with savings, by regulation 29 of S.R. 2001 No. 17back

[6] Regulation 1(3) was amended by regulation 3(2) of S.R. 1995 No. 475 and regulation 20(2)(b) of S.R. 1996 No. 289back

[7] Regulation 39 was amended by regulation 4(11) of S.R. 1993 No. 164 and regulation 8(13) of S.R. 1995 No. 162back

[8] Regulation 39ZA was inserted by regulation 20(9) of S.R. 1996 No. 289back

[9] Regulations 8 to 8D were substituted for regulation 8 by regulation 3(3) of S.R. 1995 No. 475 and regulation 8D was amended by regulation 2(3) of S.R. 1996 No. 590, regulation 3(3) of S.R. 1998 No. 8 and regulation 2(7) of S.R. 1999 No. 167back

[10] 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

[11] S.R. 1987 No. 459; relevant amending rules are S.R. 1988 Nos. 318 and 431, S.R. 1990 No. 131, S.R. 1998 No. 81, S.R. 2002 No. 132 and S.R. 2003 Nos. 155, 195 and 261back

[12] S.R. 1996 No. 198; relevant amending rules are S.R. 2003 Nos. 155, 195, 261 and 267back

[13] S.R. 1992 No. 341; relevant amending rules are S.R. 1993 No. 164, S.R. 1994 No. 37, S.R. 1995 Nos. 162 and 475, S.R. 1996 Nos. 288, 289, 317 and 590, S.R. 1998 No. 8, S.R. 1999 Nos. 152, 246 (C. 20) and 385, S.R. 2002 Nos. 164 and 323 and S.R. 2003 No. 84 ; S.R. 1992 No. 341 is revoked, with savings, by regulation 15 of S.R. 2001 No. 18back

[14] The definition of "home" was amended by Article 9(2)(b) of S.R. 1999 No. 246 (C. 20)back

[15] The definition of "residential care home" was inserted by regulation 5(2)(g) of S.R. 1993 No. 164back

[16] 2002 c. 14 (N.I.)back

[17] Regulation 9(1) was amended by regulation 5(3)(a) of S.R. 1993 No. 164, regulation 9(5)(a) of S.R. 1995 No. 162, regulation 4(4) of S.R. 1995 No. 475, regulation 7(6) of S.R. 1996 No. 288, regulation 4(3) of S.R. 1996 No. 317, regulation 5(2)(a) of S.R. 1998 No. 8, regulation 4 of S.R. 2002 No. 164 and paragraph 1(l) of the Schedule to S.R. 2002 No. 323back

[18] 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 3(3) of S.R. 2003 No. 84back

[19] Regulation 11(1) was amended by regulation 5(5) of S.R. 1993 No. 164, regulation 5(4) of S.R. 1994 No. 37, regulation 9(7)(a) of S.R. 1995 No. 162, regulation 4(5)(a) of S.R. 1995 No. 475, regulation 7(9) of S.R. 1996 No. 288, regulation 4(4)(a) of S.R. 1996 No. 317 and regulation 5(3)(a) of S.R. 1998 No. 8back

[20] Paragraph 9A was inserted by regulation 4(5)(f) of S.R. 1999 No. 152back

[21] Paragraph 22A was inserted by regulation 4(5)(h) of S.R. 1999 No. 152back

[22] Paragraph 15 was amended by regulation 21(5) of S.R. 1996 No. 289back

[23] Paragraph 47E was inserted by regulation 3(6)(c) of S.R. 2003 No. 84back

[24] Paragraph 47D was inserted by regulation 3(6)(b) of S.R. 2003 No. 84back

[25] S.I. 1983/883; article 29(1A) was inserted by S.I. 1994/1906 and amended by S.I. 2002/792 and S.I. 2003/434back

[26] S.I. 1983/686; article 27(3) was added by S.I. 1994/2021. See also S.I. 2002/672back

[27] S.R. 1996 No. 541; relevant amending regulations are S.R. 1998 No. 8 and S.R. 2003 No. 84; S.R. 1996 No. 541 is revoked, with savings, by regulation 33 of S.R. 2001 No. 20back

[28] Regulation 9 was substituted by regulation 9(3) of S.R. 1998 No. 8 and amended by regulation 6(2) of S.R. 2003 No. 84back

[29] Regulation 12 was amended by regulation 6(3) of S.R. 2003 No. 84back

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

[31] S.R. 2001 No. 18; relevant amending regulations are S.R. 2002 No. 323back

[32] 1950 c. 29 (N.I.); section 1(1) and (1A) were substituted by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and section 1(2) and (3) were substituted by Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back

[33] 1917 c. 51back

[34] 1939 c. 82back

[35] 1939 c. 83back

[36] 1947 c. 19back

[37] 1980 c. 9; Part VII was amended by the Armed Forces Act 1981 (c. 55), the Army Act 1992 (c. 39), the Statute Law (Repeals) Act 1993 (c. 50) and the Reserve Forces Act 1996 (c. 14)back

[38] Regulation 4(1) was amended by paragraph 1(t) of the Schedule to S.R. 2002 No. 323back

[39] S.R. 2001 No. 19; relevant amending regulations are S.R. 2002 No. 164 and S.R. 2003 No. 84back

[40] Regulation 17 was amended by regulation 9(8) of S.R. 2002 No. 164back

[41] In Part IV, regulation 16(4) was amended by regulation 10(3) of S.R. 2002 No. 164back

[42] Regulation 24 was amended by regulation 9(13) of S.R. 2002 No. 164 and regulation 10(9) of S.R. 2003 No. 84back

[43] Regulation 25 was amended by regulation 10(10) of S.R. 2003 No. 84back

[44] Regulation 22 (1) was amended by regulation 9(10) of S.R. 2002 No. 164 and regulation 10(8)(a) of S.R. 2003 No. 84back

[45] Regulation 27 was amended by regulation 9(14) of S.R. 2002 No. 164 and regulation 10(11) of S.R. 2003 No. 84back

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

[47] S.R. 1993 No. 164back

[48] S.R. 1995 No. 162back

[49] S.R. 1996 No. 289back

[50] S.R. 2003 No. 84back

[51] S.R. 1995 No. 475back


ISBN 0 33795274 4


  © Crown copyright 2003

Prepared 13 November 2003

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URL: http://www.bailii.org/nie/legis/num_reg/2003/20030469.html