The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 10) Order (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 92 (C. 7)

FAMILY LAW

CHILD SUPPORT

The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 10) Order (Northern Ireland) 2003

Made

24th 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

1.  This Order may be cited as the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 10) Order (Northern Ireland) 2003.

Amendment of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order

2.  For Article 6 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003(2) (appointed day for the coming into operation of section 22, and an associated repeal) there shall be substituted the following Article–

“Appointed day for the coming into operation of section 22, and an associated repeal

6.— (1) The day appointed for the coming into operation of the provisions of the Act specified in paragraph (2) for the purposes of cases specified in paragraph (3) is–

(a) as respects any case specified in paragraph (3)(a) where, before 3rd March 2003, relevant maintenance is paid or payable–

(i) where 3rd March 2003 is the day on which the maintenance calculation in relation to that case takes effect, 3rd March 2003,

(ii) where the maintenance calculation in relation to that case takes effect on a day later than 3rd March 2003, that later day;

(b) as respects any other case specified in paragraph (3)(a), 3rd March 2003;

(c) as respects any case which is specified in paragraph (3)(b)–

(i) where 3rd March 2003 is the case conversion date in relation to that case, 3rd March 2003,

(ii) where a day later than 3rd March 2003 is the case conversion date in relation to that case, that later day;

(d) as respects any case specified in paragraph (3)(c) which is referred to–

(i) in paragraph (a) of Article 4, the day on which the claim for the benefit mentioned in that paragraph is made,

(ii) in paragraph (b) of that Article, the day on which the Department is notified that the authorisation mentioned in sub-paragraph (iii) of that paragraph is withdrawn,

(iii) in paragraph (c) of that Article, 3rd March 2003;

(e) as respects any case which is specified in sub-paragraph (d) of paragraph (3), the day on which the maintenance referred to in that sub-paragraph is first paid.

(2) The provisions mentioned in paragraph (1) are–

(a) section 22 (abolition of the child maintenance bonus); and

(b) Part I of Schedule 9 in so far as it relates to the repeal of Article 4 of the Child Support (Northern Ireland) Order 1995(3) and section 67 in so far as it relates to that repeal.

(3) The cases mentioned in paragraph (1) are–

(a) cases referred to in sub-paragraph (a) of Article 3(1);

(b) cases referred to in sub-paragraph (b) or (c) of Article 3(1);

(c) cases referred to in paragraph (a), (b) or (c) of Article 4;

(d) cases to which sub-paragraphs (a) to (c) do not apply where, on or after 3rd March 2003, relevant maintenance is first paid.

(4) For the purposes of sub-paragraph (d) of paragraph (3), a case shall not be regarded as one to which that sub-paragraph does not apply by reason only of the fact that relevant maintenance was paid or payable before 3rd March 2003–

(a) in respect of the care of a different child;

(b) under an earlier agreement; or

(c) by virtue of an earlier order of the court.

(5) In this Article–

“case conversion date” means the date which is, by virtue of regulation 15 of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(4), the case conversion date in relation to that case;

“relevant maintenance” means maintenance, other than child support maintenance, which is paid or payable–

(a)

to a person who has the care of the child in the United Kingdom;

(b)

in respect of the care of the child; and

(c)

under an agreement (whether enforceable or not) between that person and the person by whom the maintenance is payable, or by virtue of an order of the court.”.

Sealed with the Official Seal of the Department for Social Development on 24th February 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Order.)

This Order substitutes Article 6 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003 which provides for the coming into operation of section 22 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, and an associated repeal, for the purposes of different categories of cases where child support and other forms of maintenance have been, or become, payable in respect of a child.

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
Section 1 (partially)	22.11.00	2000 No. 358 (C. 16)
	3.3.03	2003 No. 53 (C. 4)
Section 2 (partially)	7.2.03 and 3.3.03	2003 No. 53 (C. 4)
Sections 3 to 6 (partially)	22.11.00	2000 No. 358 (C. 16)
	3.3.03	2003 No. 53 (C. 4)
Section 7 (partially)	22.11.00 and 1.1.01	2000 No. 358 (C. 16)
	3.3.03	2003 No. 53 (C. 4)
Section 8 (partially)	3.3.03	2003 No. 53 (C. 4)
Sections 9 and 10 (partially)	22.11.00	2000 No. 358 (C. 16)
	3.3.03	2003 No. 53 (C. 4)
Section 11	15.2.01	2000 No. 406 (C. 21)
Section 12 (partially)	3.3.03	2003 No. 53 (C. 4)
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)
	3.3.03	2003 No. 53 (C. 4)
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 21(4)	3.3.03	2003 No. 53 (C. 4)
Section 22 (partially)	3.3.03	2003 No. 53 (C. 4)
Section 24 (partially)	22.11.00	2000 No. 358 (C. 16)
	3.3.03	2003 No. 53 (C. 4)
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)
	3.3.03	2003 No. 53 (C. 4)
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)
	3.3.03	2003 No. 53 (C. 4)
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)
	3.3.03	2003 No. 53 (C. 4)
Schedules 1 and 2 (partially)	22.11.00	2000 No. 358 (C. 16)
	3.3.03	2003 No. 53 (C. 4)
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)
	3.3.03	2003 No. 53 (C. 4)
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)
	3.3.03	2003 No. 53 (C. 4)

(1)

2000 c. 4 (N.I.)

(2)

S.R. 2003 No. 53 (C. 4)

(3)

S.I. 1995/2702 (N.I. 13)

(4)

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