The Child Support (Great Britain Reciprocal Arrangements) (Amendment) Regulations (Northern Ireland) 2014

Regulation 2(3)

SCHEDULE SCHEDULE TO BE INSERTED INTO THE CHILD SUPPORT (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) REGULATIONS (NORTHERN IRELAND) 1993

Regulation 2(1)

“SCHEDULE 1D EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGEMENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

	No. 1
	THE MINISTER OF STATE FOR WORK AND PENSIONS, WITH THE CONSENT OF THE TREASURY, TO THE MINISTER FOR SOCIAL DEVELOPMENT
	14th May 2014
	Sir,
	I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with—
		(a)	the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995;
		(b)	the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 11th March 2002 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 14th March 2002; and
		(c)	the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 9th August 2012 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 10th September 2012,
	(which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”).
	I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.
	I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:
	In Article 5—
		(a)	for paragraph (8) substitute—
			“(8) An application for a maintenance calculation which is to be determined in accordance with the new calculation rules shall be dealt with in, and in accordance with the provision made for, the territory in which the person who makes the application resides until—
			(a)	where the applicant resides in Great Britain—
				(i)		the application is taken to have been made for the purposes of regulation 9(2) (applications under section 4 or 7 of the Act) of the Child Support Maintenance Calculation Regulations 2012(1),
				(ii)		any application fee payable under regulation 3(1) of the Child Support Fees Regulations 2014(2) has been paid or waived in accordance with those Regulations,
				(iii)		the Secretary of State has ascertained and verified the address of the non-resident parent in relation to the application, and
				(iv)		where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied; or
			(b)	where the applicant resides in Northern Ireland—
				(i)		the application is taken to have been made for the purposes of regulation 9(2) (applications under Article 7) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(3),
				(ii)		the Department has ascertained and verified the address of the non-resident parent in relation to the application, and
				(iii)		where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied,
			from which point the case shall be dealt with in, and in accordance with the provision made for, the territory in which the non-resident parent in relation to the application resides.”;
		(b)	after paragraph (8), insert—
			“(8A) Where there is an existing case related to the application, in relation to which the interested parties have been required to choose whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act(4) or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008(5)) as a result of that application, the condition is that any liability end date in relation to that existing case must have passed.
			(8B) Where the applicant has chosen to remain in the statutory scheme, in response to being required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008, the condition is that the liability end date in relation to that existing case must have passed.
			(8C) For the purposes of paragraph (8A), an existing case is related to an application if—
			(a)	the non-resident parent in relation to that application is also the non-resident parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case, or
			(b)	the non-resident parent in relation to that application is a partner of a non-resident parent in relation to the existing case and either or both are in receipt of a benefit prescribed by regulations made under paragraph 4(1)(c) (flat rate) of Schedule 1 to the Act(6) or paragraph 4(1)(c) (flat rate) of Schedule 1 to the Order(7).
			(8D) For the purposes of paragraphs (8) and (8C), a non-resident parent includes a person who is treated as or alleged to be a non-resident parent.”;
		(c)	paragraph (9) is omitted;
		(d)	in paragraph (10)—
			(i)	for “paragraphs” substitute “paragraph”,
			(ii)	omit “and (9)”;
		(e)	in paragraph (11)—
			(i)	before the definition of “existing case” insert—
				““the 2008 Act” means the Child Maintenance and Other Payments Act 2008(8);”,
			(ii)	insert the following definitions where they fall alphabetically—
				““interested parties” means the non-resident parent, the person with care and, in the case of an application made by a qualifying child under section 7(1) of the Act, or a maintenance calculation or assessment made in response to an application under that section, the child in question;”,
				““liability end date” means the date determined in accordance with—
					(a)		regulations made under Schedule 5 (maintenance calculations: transfer of cases to new rules) to the 2008 Act as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule, or
					(b)		regulations made under Schedule 2 (maintenance calculations: transfer of cases to new rules) to the Child Maintenance Act (Northern Ireland) 2008 as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule;”,
				““partner” means a person falling within the definition of “partner” given in paragraph 10C(4) of Schedule 1 (maintenance calculations - reference to various terms) to the Act or paragraph 10C(4) of Schedule 1 (maintenance calculations - reference to various terms) to the Order.”;
		(f)	in paragraph (12), for “(9) and (10)” substitute “(8C), (8D), (10) and (11)”.
	If the foregoing proposals are acceptable to you, I have the honour to propose that this letter and your reply to that effect shall constitute a Memorandum of Arrangements between us which it is proposed shall come into effect on 30th June 2014.
	Signed by authority of the Secretary of State for Work and Pensions.
	Steve Webb
	Minister of State,
	14th May 2014							Department for Work and Pensions
	We consent
	Sam Gyimah
	Mark Lancaster
	12th May 2014					Two of the Lords Commissioners of Her Majesty’s Treasury
	No 2
	THE MINISTER FOR SOCIAL DEVELOPMENT, WITH THE CONSENT OF THE DEPARTMENT OF FINANCE AND PERSONNEL, TO THE MINISTER OF STATE FOR WORK AND PENSIONS
	21st May 2014
	Sir,
	I refer to your letter of 14th May 2014 which reads as follows:
	“I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with—
		(a)	the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995;
		(b)	the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 11th March 2002 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 14th March 2002; and
		(c)	the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 9th August 2012 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 10th September 2012,
	(which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”).
	I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.
	I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:
	In Article 5—
		(a)	for paragraph (8) substitute—
			“(8) An application for a maintenance calculation which is to be determined in accordance with the new calculation rules shall be dealt with in, and in accordance with the provision made for, the territory in which the person who makes the application resides until—
			(a)	where the applicant resides in Great Britain—
				(i)		the application is taken to have been made for the purposes of regulation 9(2) (applications under section 4 or 7 of the Act) of the Child Support Maintenance Calculation Regulations 2012(9),
				(ii)		any application fee payable under regulation 3(1) of the Child Support Fees Regulations 2014(10) has been paid or waived in accordance with those Regulations,
				(iii)		the Secretary of State has ascertained and verified the address of the non-resident parent in relation to the application, and
				(iv)		where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied; or
			(b)	where the applicant resides in Northern Ireland—
				(i)		the application is taken to have been made for the purposes of regulation 9(2) (applications under Article 7) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(11),
				(ii)		the Department has ascertained and verified the address of the non-resident parent in relation to the application, and
				(iii)		where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied,
			from which point the case shall be dealt with in, and in accordance with the provision made for, the territory in which the non-resident parent in relation to the application resides.”;
		(b)	after paragraph (8), insert—
			“(8A) Where there is an existing case related to the application, in relation to which the interested parties are required, as a result of the application, to choose whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act(12) or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008(13)), the condition is that any liability end date in relation to that existing case must have passed.
			(8B) Where the applicant has chosen to remain in the statutory scheme, in response to being required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008), the condition is that the liability end date in relation to that existing case must have passed.
			(8C) For the purposes of paragraph (8A), an existing case is related to an application if—
			(a)	the non-resident parent in relation to that application is also the non-resident parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case, or
			(b)	the non-resident parent in relation to that application is a partner of a non-resident parent in relation to the existing case and either or both are in receipt of a benefit prescribed by regulations made under paragraph 4(1)(c) (flat rate) of Schedule 1 to the Act(14) or paragraph 4(1)(c) (flat rate) of Schedule 1 to the Order(15).
			(8D) For the purposes of paragraphs (8) and (8C), a non-resident parent includes a person who is treated as or alleged to be a non-resident parent.”;
		(c)	paragraph (9) is omitted;
		(d)	in paragraph (10)—
			(i)	for “paragraphs” substitute “paragraph”,
			(ii)	omit “and (9)”;
		(e)	in paragraph (11)—
			(i)	before the definition of “existing case” insert—
				““the 2008 Act” means the Child Maintenance and Other Payments Act 2008(16);”,
			(ii)	insert the following definitions where they fall alphabetically—
				““interested parties” means the non-resident parent, the person with care and, in the case of an application made by a qualifying child under section 7(1) of the Act, or a maintenance calculation or assessment made in response to an application under that section, the child in question;”,
				““liability end date” means the date determined in accordance with—
					(a)		regulations made under Schedule 5 (maintenance calculations: transfer of cases to new rules) to the 2008 Act as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule, or
					(b)		regulations made under Schedule 2 (maintenance calculations: transfer of cases to new rules) to the Child Maintenance Act (Northern Ireland) 2008 as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule;”,
				““partner” means a person falling within the definition of “partner” given in paragraph 10C(4) of Schedule 1 (maintenance calculations - reference to various terms) to the Act or paragraph 10C(4) of Schedule 1 (maintenance calculations - reference to various terms) to the Order.”;
		(f)	in paragraph (12), for “(9) and (10)” substitute “(8C), (8D), (10) and (11)”.”
	I have the honour to confirm, with the consent of the Department of Finance and Personnel, that the foregoing proposals are acceptable and agree that your letter and this reply shall constitute a Memorandum of Arrangements between us which it is proposed shall come into effect on 30th June 2014.
	Sealed with the Official Seal of the Department for Social Development on 21st May 2014.
	(L.S.)
	Nelson McCausland
	Minister for Social Development
	The Department of Finance and Personnel hereby consents.
	Sealed with the Official Seal of the Department of Finance and Personnel on 21st May 2014.
	(L.S.)
	John McKibbin
	A senior officer of the Department of Finance and Personnel”

(1)

S.I. 2012/2677

(2)

S.I. 2014/612

(3)

S.R. 2012 No. 427

(4)

Schedule 5 was amended by section 136 of the Welfare Reform Act 2012

(5)

2008 c. 10 (N.I.)

(6)

The substitution of Part 1 of Schedule 1 to the Act by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c.19) was partially commenced for the types of cases specified in article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No.12) Order 2003 (S.I. 2003/192)

(7)

The substitution of Part 1 of Schedule 1 to the Order by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4 (N.I.)) was partially commenced for the types of cases specified in Article 3 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No.9) Order (Northern Ireland) 2003 (S.R. 2003 No. 53)

(8)

2008 c. 6

(9)

S.I. 2012/2677

(10)

S.I. 2014/612

(11)

S.R. 2012 No. 427

(12)

Schedule 5 was amended by section 136 of the Welfare Reform Act 2012

(13)

2008 c. 10 (N.I.)

(14)

The substitution of Part 1 of Schedule 1 to the Act by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c.19) was partially commenced for the types of cases specified in article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No.12) Order 2003 (S.I. 2003/192)

(15)

The substitution of Part 1 of Schedule 1 to the Order by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4 (N.I.)) was partially commenced for the types of cases specified in Article 3 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No.9) Order (Northern Ireland) 2003 (S.R. 2003 No. 53)

(16)

2008 c. 6