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

Amendment of the Child Support (Transitional Provisions) Regulations

7.—(1) The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(1) 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(3) In regulation 7(g)(ii) (grounds on which a conversion decision may not be revised, superseded or altered on appeal) the words “where” and “the relevant property transfer to be replaced with” shall be omitted.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(2) (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(3) (property or capital transfers) which relates to the same property or capital transfer as the relevant property transfer referred to in sub-paragraph (a); and

(c) 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(4) (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; and

(b) 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(5) (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)(6), “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(7) (subsequent decision with effect in transitional period – amount payable) –

(a) in paragraph (9) for “Where” there shall be substituted “Subject to paragraph (10), where”; and

(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; or

(b) decision B –

(i) is a revision or alteration on appeal of decision A, and

(ii) 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.”.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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. 84

(7)

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