The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations

6.—(1) The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 28(1)(2) (effective dates of maintenance calculations in specified cases) after sub-paragraph (c) there shall be added the following sub-paragraph –

“(d) except where the parent with care has made a request under Article 9(5) of the Order, where on the date the application is made, or treated as made under regulation 3, there is in force a maintenance calculation in relation to the same non-resident parent and a different person with care, and the maintenance calculation in force when the application was made has ceased to have effect before a decision has been made in respect of that application, the effective date of the maintenance calculation made in response to the application shall be –

(i) where the date of notification to the non-resident parent is before the date on which the maintenance calculation in force has ceased to have effect, the day following the day on which that maintenance calculation ceases to have effect;

(ii) where the date of notification to the non-resident parent is after the date on which the maintenance calculation in force has ceased to have effect, the date of notification to the non-resident parent.”.

(3) In regulation 30(1)(c)(3) (transitional provision – effective dates and reduced benefit decisions) for “and in sub-paragraph (c)(iii)” there shall be substituted “, in sub-paragraph (c)(iii) and the first time it occurs in sub-paragraph (d)”.

(1)

S.R. 2001 No. 17; relevant amending regulations are S.R. 2002 No. 164 and S.R. 2003 No. 84

(2)

Regulation 28 was amended by regulation 7(7) of S.R. 2002 No. 164 and regulation 8(5) of S.R. 2003 No. 84

(3)

Regulation 30(1) was substituted by regulation 8(7)(a) of S.R. 2003 No. 84