The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Meaning of “calculation decision”

   4. 4. Meaning of “latest available tax year”

   5. 5. Calculation – information applicable

   6. 6. Rounding

   7. 7. Service of documents

   8. 8. Authorisation of representative

3. PART 2 APPLICATION FOR A MAINTENANCE CALCULATION

   1. 9. Applications under Article 7

   2. 10. Multiple applications

   3. 11. Notice of application

4. PART 3 DECISION MAKING

   1. CHAPTER 1 MAKING THE MAINTENANCE CALCULATION

      1. 12. Initial effective date

      2. 13. Effect of variation applied for before a maintenance calculation is made

   2. CHAPTER 2 REVISION

      1. 14. Grounds for revision

      2. 15. Late application for a revision

      3. 16. Effective date of a revision

   3. CHAPTER 3 SUPERSESSION

      1. 17. Grounds for supersession

      2. 18. Effective dates for supersession decisions

   4. CHAPTER 4 UPDATING GROSS WEEKLY INCOME

      1. 19. Setting the review date

      2. 20. Updating gross weekly income at the review date

      3. 21. Updating unearned income at the review date

      4. 22. Periodic current income check

      5. 23. 25 per cent. tolerance for changes outside annual review or periodic current income check

   5. CHAPTER 5 NOTIFICATION OF DECISIONS

      1. 24. Notification – general

      2. 25. Notification of a maintenance calculation

      3. 26. Notification of a revision or supersession

      4. 27. Notification of cessation of a maintenance calculation

   6. CHAPTER 6 MISCELLANEOUS MATTERS RELATING TO APPEALS

      1. 28. Decisions involving issues that arise on appeal in other cases

      2. 29. Appeals involving issues that arise in other cases

      3. 30. Tribunal decision made pending outcome of a related appeal

      4. 31. Supersession of tribunal decision made in error due to misrepresentation etc.

      5. 32. Supersession of look-alike case where law reinterpreted by a Child Support Commissioner or a court

5. PART 4 THE MAINTENANCE CALCULATION RULES

   1. CHAPTER 1 DETERMINATION OF GROSS WEEKLY INCOME

      1. 33. The general rule for determining gross weekly income

      2. 34. Historic income – general

      3. 35. Historic income – the HMRC figure

      4. 36. Current income – general

      5. 37. Current income as an employee or office-holder

      6. 38. Current income from self-employment

      7. 39. Deduction for pension contributions relievable at source

      8. 40. Current income from a pension

      9. 41. Estimate of current income where insufficient information available

   2. CHAPTER 2 RATES OF CHILD SUPPORT MAINTENANCE

      1. 42. Reduced rate

      2. 43. Flat rate

      3. 44. Nil rate

      4. 45. Decrease for shared care

      5. 46. Assumption as to number of nights of shared care

      6. 47. Non-resident parent party to another maintenance arrangement

   3. CHAPTER 3 DEFAULT MAINTENANCE DECISIONS

      1. 48. Default rate

   4. CHAPTER 4 SPECIAL CASES

      1. 49. Parent treated as a non-resident parent in shared care cases

      2. 50. Child in care who is allowed to live with a parent

      3. 51. Non-resident parent liable to maintain a child of the family or a child abroad

      4. 52. Care provided in part by an authority

      5. 53. Care provided for relevant other child by an authority

      6. 54. Child who is a boarder or an in-patient in hospital

6. PART 5 VARIATIONS

   1. CHAPTER 1 GENERAL

      1. 55. Application for a variation

      2. 56. Rejection of an application following preliminary consideration

      3. 57. Provision of information

      4. 58. Procedure in relation to a variation

      5. 59. Factors not taken into account for the purposes of Article 28F

      6. 60. Procedure on revision or supersession of a previously determined variation

      7. 61. Regular payments condition

   2. CHAPTER 2 GROUNDS FOR VARIATION: SPECIAL EXPENSES

      1. 62. Contact costs

      2. 63. Illness or disability of relevant other child

      3. 64. Prior debts

      4. 65. Boarding school fees

      5. 66. Payments in respect of certain mortgages, loans or insurance policies

      6. 67. Thresholds

   3. CHAPTER 3 GROUNDS FOR VARIATION: ADDITIONAL INCOME

      1. 68. Non-resident parent with unearned income

      2. 69. Non-resident parent on a flat rate or nil rate with gross weekly income

      3. 70. Diversion of income

   4. CHAPTER 4 EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION

      1. 71. Effect on maintenance calculation – special expenses

      2. 72. Effect on the maintenance calculation – additional income grounds

      3. 73. Effect on maintenance calculation – general

      4. 74. Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability

7. PART 6

   1. MEANING OF TERMS IN THE CHILD SUPPORT ORDER

      1. 75. Meaning of “child” for the purposes of the Child Support Order

      2. 76. Relevant other child outside Northern Ireland

      3. 77. Persons who are not persons with care

8. Signature

9. Explanatory Note