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

Contents

1Citation and commencement#

(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 come into operation (or, if those Articles come into operation on different days, whichever day is the later).

2Amendment of the Child Support (Maintenance Assessment Procedure) Regulations#

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3Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations#

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4Amendment of the Child Support Departure Direction and Consequential Amendments Regulations#

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5Amendment of the Child Support (Maintenance Calculation Procedure) Regulations#

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6Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations#

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7Amendment of the Child Support (Transitional Provisions) Regulations#

(1)The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 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(3)In regulation 7(g)(ii) (grounds on which a conversion decision may not be revised, superseded or altered on appeal) the words “where” and “the relevant property transfer to be replaced with” shall be omitted.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 (relevant departure direction and relevant property transfer) after paragraph (9) there shall be added the following paragraph –“10 Where –a a relevant property transfer is taken into account for the purposes of a conversion decision;b an application is made for a variation of a type referred to in paragraph 3 of Schedule 4B to the Order and Part IV of the Variations Regulations (property or capital transfers) which relates to the same property or capital transfer as the relevant property transfer referred to in sub-paragraph (a); andc the variation is agreed to,the relevant property transfer shall cease to have effect from the effective date of the subsequent decision which resulted from the application for a variation.”

(5)In regulation 24 (phasing amount) –

(a)in paragraph (3) for “and (5)” there shall be substituted “, (5) and (6)”; and

(b)after paragraph (5) there shall be added the following paragraph –“6 Where a subsequent decision is made the effective date of which is the case conversion date –a the reference in paragraph (3) to the conversion decision shall apply as if it were a reference to the subsequent decision; andb the reference in paragraph (5) to the new amount shall apply as if it were a reference to the subsequent decision amount.”

(6)In regulation 25 (maximum transitional amount) after paragraph (4) there shall be added the following paragraphs –“5 Subject to paragraphs (6) and (7), “maximum transitional amount” means 30% of the non-resident parent’s net weekly income taken into account in the conversion decision, or the subsequent decision, as the case may be.6 Where the new amount is calculated under regulation 22(1), “maximum transitional amount” means 30% of the aggregate of the income calculated under regulation 22(1)(b).7 Where the new amount or the subsequent decision amount, as the case may be, is calculated under regulation 26(1) of the Variations Regulations “maximum transitional amount” means 30% of the additional income arising under the variation.”

(7)In regulation 27 (subsequent decision with effect in transitional period – amount payable) –

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(b)after paragraph (9) there shall be added the following paragraph –“10 Where a subsequent decision (“decision B”) is made in respect of a decision which is itself a subsequent decision (“decision A”) and –a decision B has the same effective date as decision A; orb decision B –i is a revision or alteration on appeal of decision A, andii includes within it a determination that the effective date of decision A was incorrect,paragraphs (2) to (5) shall apply so that the subsequent decision amount of decision B is compared with the new amount or the subsequent decision amount, as the case may be, which was in place immediately before decision A was made.”

8Amendment of the Child Support (Variations) Regulations#

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9Savings#

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10Revocations#

The following regulations are hereby revoked –

(a)regulation 4(11)(b) of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993;

(b)regulation 8(13) of the Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995;

(c)regulation 20(3) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996;

(d)regulation 3(6)(c) of the Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003;

(e)regulations 4(11)(a) and 5(2)(g), (3)(a) and (5) of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993;

(f)regulation 4(4) and (5)(a)(ii) of the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995; and

(g)regulation 20(2)(b)(i) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996.

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