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

Contents

Part I · General

1Citation, commencement and interpretation#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In these Regulations—• “the Order” means the Child Support (Northern Ireland) Order 1991;• “Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;• “capped amount” means the amount of income for the purposes of paragraph 10(3) of Schedule 1 to the Order;• “couple” has the same meaning as in paragraph 10C(5) of Schedule 1 to the Order;• “date of notification” means the date upon which notification is given in person or communicated by telephone to the recipient or, where this is not possible, the date of posting;• “date of receipt” means the day on which the information or document is actually received;• “home” has the meaning given in regulation 1(2) of the Maintenance Calculations and Special Cases Regulations;• “Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001;• “Maintenance Calculations and Special Cases Regulations” means the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001;• “partner” has the same meaning as in paragraph 10C(4) of Schedule 1 to the Order;• “qualifying child” means the child with respect to whom the maintenance calculation falls to be made;• “relevant person” means—(a) a non-resident parent, or a parent treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, whose liability to pay child support maintenance may be affected by any variation agreed;(b) a person with care, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care may be affected by any variation agreed;• “the Service Pensions Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983; and• “Transitional Regulations” means the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001.

2Documents#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

3Determination of amounts#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

Part II · Application and Determination Procedure

4Application for a variation#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(3)In subsection (6)—

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

5Amendment or withdrawal of application#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

6Rejection of an application following preliminary consideration#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

7Prescribed circumstances#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)In subsection (6)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(7)

8Provision of information#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

9Procedure in relation to the determination of an application#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)In subsection (6)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

(8)

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

Part III · Special Expenses

10Special expenses — contact costs#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(2)In subsection (5)(a)—

(3)In subsection (6)—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Special expenses — illness or disability of relevant other child#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and

(i)“transferor LGPS employer” means an authority or body which is a LGPS employer.

(j)a bank overdraft except where the overdraft was at the time it was taken out agreed to be for a specified amount repayable over a specified period;

(k)a loan obtained by the non-resident parent other than a loan obtained from a qualifying lender or the non-resident parent’s current or former employer;

(l)a debt in respect of which a variation has previously been agreed and which has not been repaid during the period for which the maintenance calculation which took account of the variation was in force; or

(m)any other debt which the Department is satisfied it is reasonable to exclude.

(2)In subsection (5)(a)—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(iia)“personal independence payment” means an allowance payable under Article 83 of the Welfare Reform (Northern Ireland) Order 2015 (daily living component);

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(3)In subsection (6)—

(a)

(b)

12Special expenses — prior debts#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

(i)a parent with care cares for one child only, and

(ii)that child dies,

at the time the work condition is satisfied; and

(3)In subsection (6)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

(i)a parent with care cares for one child only, and

(ii)that child dies,

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

(i)“transferor LGPS employer” means an authority or body which is a LGPS employer.

(j)a bank overdraft except where the overdraft was at the time it was taken out agreed to be for a specified amount repayable over a specified period;

(k)a loan obtained by the non-resident parent other than a loan obtained from a qualifying lender or the non-resident parent’s current or former employer;

(m)any other debt which the Department is satisfied it is reasonable to exclude.

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(v)incapacity benefit under section 30A;

(vi)carer’s allowance under section 70;

(vii)maternity allowance under section 35or 35B;

(viii)severe disablement allowance under section 68;

(ix)industrial injuries benefit under section 94;

(x)widowed mother’s allowance under section 37;

(xi)widowed parent’s allowance under section 39A, and

13Special expenses — boarding school fees#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(3)In subsection (6)—

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Special expenses—payments in respect of certain mortgages, loans or insurance policies#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(b)

15Thresholds for and reduction of amount of special expenses#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(2)In subsection (5)(a)—

(3)In subsection (6)—

(4)

Part IV · Property or Capital Transfers

16Prescription of terms#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(2)In subsection (5)(a)—

(3)In subsection (6)—

(4)

17Value of a transfer of property—equivalent weekly value#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)In subsection (6)—

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V · Additional Cases

18Assets#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(3)In subsection (6)—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

19Income not taken into account and diversion of income#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).

(a)

(b)

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)In subsection (6)—

(4)

(a)

(b)

(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

20Life-style inconsistent with declared income#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(v)incapacity benefit under section 30A;

(aa)regulation 27(5);

(bb)regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by an authority); or

(cc)regulation 23(5) of the Transitional Regulations (effect of relevant departure direction on conversion calculation —general); or

(vi)carer’s allowance under section 70;

(b)

(2)In subsection (5)(a)—

(a)

(b)

(3)In subsection (6)—

(a)

(aa)the decision on the application referred to in sub-paragraph (a);

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(4)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

21Factors to be taken into account and not to be taken into account#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

Part VII · Effect of a Variation on the Maintenance Calculation and Effective Dates

22Effective dates#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(2)In subsection (5)(a)—

(3)In subsection (6)—

23Effect on maintenance calculation—special expenses#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

24Effect on maintenance calculation—property or capital transfer#

Subject to regulation 27, where the variation agreed to is one falling within regulation 16 (property or capital transfers)—

(a)

(b)

25Effect on maintenance calculation—additional cases#

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.

26Effect on maintenance calculation—maximum amount payable where the variation is on additional cases ground#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)

(b)

(2)In subsection (5)(a)—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)In subsection (6)—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

27Effect on maintenance calculation—general#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(3)In subsection (6)—

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

(8)

28Transitional provisions—conversion decisions#

Subject to regulation 17(10) of the Transitional Regulations, 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—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

29Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(3)In subsection (6)—

(a)

(b)

30Circumstances for the purposes of Article 28F(3) of the Order#

The circumstances prescribed for the purposes of Article 28F(3) of the Order (Department shall not agree to a variation) are—

(a)

(b)

Part VIII · Miscellaneous

31Regular payments condition#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(3)In subsection (6)—

32Meaning of “benefit” for the purposes of Article 28E of the Order#

For the purposes of Article 28E of the Order, “benefit” means income support, income-based jobseeker’s allowance , income-related employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 and housing benefit.

Part IX · Revocation

33Revocation and savings#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(aa)the decision on the application referred to in sub-paragraph (a);

(b)

(bb)the revision or supersession referred to in sub-paragraph (b);

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(cc)the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;

(d)

(dd)any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or

(ee)any revision, supersession, appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd).

(3)In subsection (6)—

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

Schedule · Equivalent weekly value of a transfer of property

(1)

(2)

(3)

(a)

(b)

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

(2)

(3)

Contains public sector information licensed under the Open Government Licence v3.0.