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The Child Support (Northern Ireland) Order 1991

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SCHEDULES

Article 13.

SCHEDULE 1N.I.MAINTENANCE ASSESSMENTS

X1F1PART IN.I. CALCULATION OF CHILD SUPPORT MAINTENANCE

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X1This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F1prosp. in pt. subst. 2000 c. 4 (NI)

The maintenance requirementN.I.

X21.—(1) In this Schedule “the maintenance requirement” means the amount, calculated in accordance with the formula set out in sub-paragraph (2), which is to be taken as the minimum amount necessary for the maintenance of the qualifying child or, where there is more than one qualifying child, all of them.N.I.

(2) The formula is—

where—

MR is the amount of the maintenance requirement;

AG is the aggregate of the amounts to be taken into account under sub-paragraph (3); and

CB is the amount payable by way of child benefit (or which would be so payable if the person with care of the qualifying child were an individual) or, where there is more than one qualifying child, the aggregate of the amounts so payable with respect to each of them.

(3) The amounts to be taken into account for the purpose of calculating AG are—

(a)such amount or amounts (if any), with respect to each qualifying child, as may be prescribed;

(b)such amount or amounts (if any), with respect to the person with care of the qualifying child or qualifying children, as may be prescribed; and

(c)such further amount or amounts (if any) as may be prescribed.

(4) For the purposes of calculating CB it shall be assumed that child benefit is payable with respect to any qualifying child at the basic rate.

(5) In sub-paragraph (4) “basic rate” has the meaning for the time being prescribed.

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X2This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

The general ruleN.I.

X32.—(1) In order to determine the amount of any maintenance assessment, first calculate—N.I.

where—

A is the absent parent’s assessable income;

C is the assessable income of the other parent, where that parent is the person with care, and otherwise has such value (if any) as may be prescribed; and

P is such number greater than zero but less than 1 as may be prescribed.

(2) Where the result of the calculation made under sub-paragraph (1) is an amount which is equal to, or less than, the amount of the maintenance requirement for the qualifying child or qualifying children, the amount of maintenance payable by the absent parent for that child or those children shall be an amount equal to—

where A and P have the same values as in the calculation made under sub-paragraph (1).

(3) Where the result of the calculation made under sub-paragraph (1) is an amount which exceeds the amount of the maintenance requirement for the qualifying child or qualifying children, the amount of maintenance payable by the absent parent for that child or those children shall consist of—

(a) a basic element calculated in accordance with the provisions of paragraph 3; and

(b) an additional element calculated in accordance with the provisions of paragraph 4.

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X3This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

The basic elementN.I.

X43.—(1) The basic element shall be calculated by applying the formula—N.I.

where—

BE is the amount of the basic element;

A and P have the same values as in the calculation made under paragraph 2(1); and

G has the value determined under sub-paragraph (2).

(2) The value of G shall be determined by applying the formula—

where—

MR is the amount of the maintenance requirement for the qualifying child or qualifying children; and

A, C and P have the same values as in the calculation made under paragraph 2(1).

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X4This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

The additional elementN.I.

X54.—(1) Subject to sub-paragraph (2), the additional element shall be calculated by applying the formula—N.I.

where—

AE is the amount of the additional element;

A has the same value as in the calculation made under paragraph 2(1);

G has the value determined under paragraph 3(2); and

R is such number greater than zero but less than 1 as may be prescribed.

(2) Where applying the alternative formula set out in sub-paragraph (3) would result in a lower amount for the additional element, that formula shall be applied in place of the formula set out in sub-paragraph (1).

(3) The alternative formula is—

Where—

A and C have the same values as in the calculation made under paragraph 2(1);

Z is such number as may be prescribed; and

Q is the aggregate of—

(a)any amount taken into account by virtue of paragraph 1(3)(a) in calculating the maintenance requirement; and

(b)any amount which is both taken into account by virtue of paragraph 1(3)(c) in making that calculation and is an amount prescribed for the purposes of this paragraph.

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X5This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

Assessable incomeN.I.

X65.—(1) The assessable income of an absent parent shall be calculated by applying the formula—N.I.

where—

A is the amount of that parent’s assessable income;

N is the amount of that parent’s net income, calculated or estimated in accordance with regulations made by the Department for the purposes of this sub-paragraph; and

E is the amount of that parent’s exempt income, calculated or estimated in accordance with regulations made by the Department for those purposes.

(2) The assessable income of a parent who is a person with care of the qualifying child or children shall be calculated by applying the formula—

where—

C is the amount of that parent’s assessable income;

M is the amount of that parent’s net income, calculated or estimated in accordance with regulations made by the Department for the purposes of this sub-paragraph; and

F is the amount of that parent’s exempt income, calculated or estimated in accordance with regulations made by the Department for those purposes.

(3) Where the preceding provisions of this paragraph would otherwise result in a person’s assessable income being taken to be a negative amount his assessable income shall be taken to be nil.

(4) Where income support [F2, an income-based jobseeker’s allowance] or any other benefit of a prescribed kind is paid to or in respect of a parent who is an absent parent or a person with care that parent shall, for the purposes of this Schedule, be taken to have no assessable income.

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X6This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F21995 NI 15

Protected incomeN.I.

X76.—(1) This paragraph applies where—N.I.

(a)one or more maintenance assessments have been made with respect to an absent parent; and

(b)payment by him of the amount, or the aggregate of the amounts, so assessed would otherwise reduce his disposable income below his protected income level.

(2) The amount of the assessment, or (as the case may be) of each assessment, shall be adjusted in accordance with such provisions as may be prescribed with a view to securing so far as is reasonably practicable that payment by the absent parent of the amount, or (as the case may be) aggregate of the amounts, so assessed will not reduce his disposable income below his protected income level.

(3) Regulations made under sub-paragraph (2) shall secure that, where the prescribed minimum amount fixed by regulations made under paragraph 7 applies, no maintenance assessment is adjusted so as to provide for the amount payable by an absent parent in accordance with that assessment to be less than that amount.

(4) The amount which is to be taken for the purposes of this paragraph as an absent parent’s disposable income shall be calculated, or estimated, in accordance with regulations made by the Department.

(5) Regulations made under sub-paragraph (4) may, in particular, provide that, in such circumstances and to such extent as may be prescribed—

(a)income of any child who is living in the same household with the absent parent; and

[F3(b)where the absent parent—

(i)is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married),

(ii)is living together in the same household with another adult of the same sex who is his civil partner, or

(iii)is living together in the same household with another adult of the same sex as if they were civil partners,

income of that other adult,]

is to be treated as the absent parent’s income for the purposes of calculating his disposable income.

[F4(5A) For the purposes of this paragraph, two adults of the same sex are to be regarded as living together in the same household as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two adults of the opposite sex.]

(6) In this paragraph “the protected income level” of a particular absent parent means an amount of income calculated, by reference to the circumstances of that parent, in accordance with regulations made by the Department.

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X7This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

The minimum amount of child support maintenanceN.I.

X87.—(1) The Department may prescribe a minimum amount for the purposes of this paragraph.N.I.

(2) Where the amount of child support maintenance which would be fixed by a maintenance assessment but for this paragraph is nil or less than the prescribed minimum amount, the amount to be fixed by the assessment shall be the prescribed minimum amount.

(3) In any case to which Article 40 applies, and in such other cases (if any) as may be prescribed, sub-paragraph (2) shall not apply.

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X8This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

Housing costsN.I.

X98.  Where regulations under this Schedule require [F5the Department] to take account of the housing costs of any person in calculating, or estimating, his assessable income or disposable income, those regulations may make provision—N.I.

(a)as to the costs which are to be treated as housing costs for the purpose of the regulations;

(b)for the apportion*ment of housing costs; and

(c)for the amount of housing costs to be taken into account for prescribed purposes not to exceed such amount (if any) as may be prescribed by, or determined in accordance with, the regulations.

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X9This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F51998 NI 10

Regulations about income and capitalN.I.

X109.  The Department may by regulations provide that, in such circumstances and to such extent as may be prescribed—N.I.

(a)income of a child shall be treated as income of a parent of his;

(b)where [F6the Department] is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his assessable income, his net income shall be taken to include income from that source of an amount estimated by [F6the Department];

(c)a person is to be treated as possessing capital or income which he does not possess;

(d)capital or income which a person does possess is to be disregarded;

(e)income is to be treated as capital;

(f)capital is to be treated as income.

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X10This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F61998 NI 10

References to qualifying childrenN.I.

X1110.  References in this Part to “qualifying children” are to those qualifying children with respect to whom the maintenance assessment fails to be made.F7N.I.

   

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X11This version shows the text of Sch. 1 Pt. 1 prior to its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F7subst. by 2004 c. 33 to para.10C(5) which is awaiting insertion by 2000 c.4(NI) when prosp. is removed

[F8X12 PART IN.I.CALCULATION OF WEEKLY AMOUNT OF CHILD SUPPORT MAINTENANCE]

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X12This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F8Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F9General rule]N.I.

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F9Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F10X131.(1) The weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.N.I.

(2) Unless the nil rate applies, the amount payable weekly to a person with care is—

(a)the applicable rate, if paragraph 6 does not apply; or

(b)if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,

as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.]

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X13This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F10Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F11Basic rate]N.I.

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[F12X142.(1) The basic rate is the following percentage of the non-resident parent's net weekly income—N.I.

  • 15 per cent. where he has one qualifying child;

  • 20 per cent. where he has two qualifying children;

  • 25 per cent. where he has three or more qualifying children.

(2) If the non-resident parent also has one or more relevant other children, the appropriate percentage referred to in sub-paragraph (1) is to be applied instead to his net weekly income less—

  • 15 per cent. where he has one relevant other child;

  • 20 per cent. where he has two relevant other children;

  • 25 per cent. where he has three or more relevant other children.]

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X14This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F12Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F13Reduced rate]N.I.

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[F14X153.(1) A reduced rate is payable if—N.I.

(a)neither a flat rate nor the nil rate applies; and

(b)the non-resident parent’s net weekly income is less than £200 but more than £100.

(2) The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.

(3) The regulations may not prescribe, or result in, a rate of less than £5.]

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X15This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F14Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F15Flat rate]N.I.

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[F16X164.(1) Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and—N.I.

(a)the non-resident parent’s net weekly income is £100 or less; or

(b)he receives any benefit, pension or allowance prescribed for the purposes of this head; or

(c)he or his partner (if any) receives any benefit prescribed for the purposes of this head.

(2) A flat rate of a prescribed amount is payable if the nil rate does not apply and—

(a)the non-resident parent has a partner who is also a non-resident parent;

(b)the partner is a person with respect to whom a maintenance calculation is in force; and

(c)the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).

(3) The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include those paid to the non-resident parent under the law of a place outside the United Kingdom.]

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X16This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F16Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F17Nil rate]N.I.

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F17Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F18X175.  The rate payable is nil if the non-resident parent—N.I.

(a)is of a prescribed description; or

(b)has a net weekly income of below £5.]

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X17This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F18Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F19Apportionment]N.I.

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F19Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F20X186.(1) If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.N.I.

(2) The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.]

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X18This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F20Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F21Shared care - basic and reduced rate]N.I.

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F21Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F22X197.(1) This paragraph applies only if the rate of child support maintenance payable is the basic rate or a reduced rate.N.I.

(2) If the care of a qualifying child is shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs, is to be decreased in accordance with this paragraph.

(3) First, there is to be a decrease according to the number of such nights which the Department determines there to have been, or expects there to be, or both during a prescribed twelve-month period.

(4) The amount of that decrease for one child is set out in the following Table—

Number of nightsFraction to subtract
52 to 103One-seventh
104 to 155Two-sevenths
156 to 174Three-sevenths
175 or moreOne-half

(5) If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.

(6) If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child.

(7) If the application of the preceding provisions of this paragraph would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than £5, he is instead liable to pay child support maintenance at the rate of £5 a week, apportioned (if appropriate) in accordance with paragraph 6.]

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X19This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F22Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F23Shared care - flat rate]N.I.

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[F24X208.(1) This paragraph applies only if—N.I.

(a)the rate of child support maintenance payable is a flat rate; and

(b)that rate applies because the non-resident parent falls within paragraph 4(1)(b) or (c) or 4(2).

(2) If the care of a qualifying child is shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed twelve-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.]

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X20This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F24Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F25Regulations about shared care]N.I.

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[F26X219.  The Department may by regulations provide for—N.I.

(a)which nights are to count for the purposes of shared care under paragraphs 7 and 8, or for how it shall be determined whether a night counts;

(b)what counts, or does not count, as “care” for those purposes; and

(c)paragraph 7(3) or 8(2) to have effect, in prescribed circumstances, as if the period mentioned there were other than twelve months, and in such circumstances for the Table in paragraph 7(4) (or that Table as modified pursuant to regulations made under paragraph 10A(2)(a)), or the period mentioned in paragraph 8(2), to have effect with prescribed adjustments.]

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X21This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F26Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F27Net weekly income]N.I.

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F27Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F28X2210.(1) For the purposes of this Schedule, net weekly income shall be determined in such manner as is provided for by regulations.N.I.

(2) The regulations may, in particular, provide for the Department to estimate any income or make an assumption as to any fact where, in the Department’s view, the information at its disposal is unreliable, insufficient or relates to an atypical period in the life of the non-resident parent.

(3) Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.]

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X22This version shows the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F28Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F29Regulations about rates, figures, etc.]N.I.

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F29Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F30X2310A.(1) The Department may by regulations provide that—N.I.

(a)paragraph 2 is to have effect as if different percentages were substituted for those set out there;

(b)paragraph 3(1) or (3), 4(1), 5, 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.

(2) The Department may by regulations provide that—

(a)the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;

(b)paragraph 7(6) is to have effect as if a different amount were substituted for that set out there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.]

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X23Sch. 1 Pt. 1 para. 10A forms part of the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F30Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F31Regulations about income]N.I.

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F31Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F32X2410B.  The Department may by regulations provide that, in such circumstances and to such extent as may be prescribed—N.I.

(a)where the Department is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his net weekly income, his net weekly income shall be taken to include income from that source of an amount estimated by the Department;

(b)a person is to be treated as possessing income which he does not possess;

(c)income which a person does possess is to be disregarded.]

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X24Sch. 1 Pt. 1 para. 10B forms part of the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F32Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

[F33References to various terms]N.I.

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[F34X2510C.(1) References in this Part to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made.N.I.

(2) References in this Part to “relevant other children” are to—

(a)children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and

(b)such other description of children as may be prescribed.

(3) In this Part, a person “receives” a benefit, pension or allowance for any week if it is paid or due to be paid to him in respect of that week.

(4) In this Part, a person’s “partner” is—

(a)if they are a couple, the other member of that couple;

(b)if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.

[F35(5) In sub-paragraph (4)(a), “couple” means—

(a)a man and a woman who are married to each other and are members of the same household,

(b)a man and a woman who are not married to each other but are living together as husband and wife,

(c)two people of the same sex who are civil partners of each other and are members of the same household, or

(d)two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

(6) For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]]

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X25Sch. 1 Pt. 1 para. 10C forms part of the text of Sch. 1 Pt. 1 after its substitution (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F34Sch. 1 Pt. I substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(3), 68(2), Sch. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

PART IIN.I.GENERAL PROVISIONS ABOUT MAINTENANCE [F36ASSESSMENTS] [F37CALCULATIONS]

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F36Word in Sch. 1 Pt. II heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

F37Word in Sch. 1 Pt. II heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

Effective date of [F38assessment] [F39calculation]N.I.

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11.—(1) A [F40maintenance assessment] [F41maintenance calculation] shall take effect on such date as may be determined in accordance with regulations made by the Department.N.I.

(2) That date may be earlier than the date on which the [F42assessment] [F43calculation] is made.

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Form of [F44assessment] [F45calculation]N.I.

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12.  Every [F46maintenance assessment] [F47maintenance calculation] shall be made in such form and contain such information as the Department may direct.N.I.

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[F48Assessments] [F49Calculations] where amount of child support is nilN.I.

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13.  [F50[F51The Department] shall not decline to make a [F52maintenance assessment] [F53maintenance calculation] only on the ground that the amount of the [F54assessment] [F55calculation] is nil.]

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F511998 NI 10

Consolidated applications and [F56assessments] [F57calculations]N.I.

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14.  F58The Department may by regulations provide—N.I.

(a)for two or more applications for maintenance assessments to be treated, in prescribed circumstances, as a single application; and

(b)for the replacement, in prescribed circumstances, of a maintenance assessment made on the application of one person by a later maintenance assessment made on the application of that or any other person.

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F58prosp. in pt. added by 2000 c.4 (NI)

Separate [F59assessments] [F60calculations] for different periodsN.I.

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15.  Where[F61 the Department] is satisfied that the circumstances of a case require different amounts of child support maintenance to be [F62assessed] [F63calculated] in respect of different periods,[F61 it] may make separate maintenance [F64assessments] [F65calculations] each expressed to have effect in relation to a different specified period.N.I.

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F611998 NI 10

Termination of [F66assessments] [F67calculations]N.I.

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16.—(1) A[F68maintenance assessment] [F69maintenance calculation] shall cease to have effect—N.I.

(a)on the death of the [F70absent parent] [F71non-resident parent], or of the person with care, with respect to whom it was made;

(b)on there no longer being any qualifying child with respect to whom it would have effect;

(c)on the [F72absent parent] [F73non-resident parent] with respect to whom it was made ceasing to be a parent of—

(i)the qualifying child with respect to whom it was made; or

(ii)where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;

(d)

[F74where the [F75absent parent] [F76non-resident parent] and the person with care with respect to whom it was made have been living together for a continuous period of six months;]

(e)

[F77where a new [F78maintenance assessment] [F79maintenance calculation] is made with respect to any qualifying child with respect to whom the [F80assessment] [F81calculation] in question was in force immediately before the making of the new [F82assessment] [F83calculation].]

[F84(2) [F85A [F86maintenance assessment] [F87maintenance calculation] made in response to an application under Article 7 shall be cancelled by the Department if the person on whose application the [F88assessment] [F89calculation] was made asks the Department to do so.]

(3) [F90A [F91maintenance assessment] [F92maintenance calculation] made in response to an application under Article 9 shall be cancelled by the Department if—

(a)the person on whose application the [F93assessment] [F94calculation] was made ( “the applicant”) asks it to do so; and

(b)the Department is satisfied that the applicant has ceased to fall within paragraph (1) of that Article.]

(4) [F95Where the Department is satisfied that the person with care with respect to whom a [F96maintenance assessment] [F97maintenance calculation] was made has ceased to be a person with care in relation to the qualifying child, or any of the qualifying children, with respect to whom the [F98assessment] [F99calculation] was made, the Department may cancel the [F100assessment] [F101calculation] with effect from the date on which, in its opinion, the change of circumstances took place.]

(5) [F102A [F103maintenance assessment] [F104maintenance calculation] may be cancelled by the Department if it is proposing to make a decision under Article 18 or 19 and it appears to the Department—

(a)that the person with care with respect to whom the[F105maintenance assessment] [F106maintenance calculation] in question was made has failed to provide the Department with sufficient information to enable it to make the decision; and

(b)where the [F107maintenance assessment] [F108maintenance calculation] in question was made in response to an application under Article 9, that the person with care with respect to whom the [F109assessment] [F110calculation] was made has ceased to fall within paragraph (1) of that Article.]

(6) [F111Where—

(a)at any time a [F112maintenance assessment] [F113maintenance calculation] is in force but the Department would no longer have jurisdiction to make it if it were to be applied for at that time; and

(b)the [F114assessment] [F115calculation] has not been cancelled, or has not ceased to have effect under any other provision made by or under this Order,

it shall be taken to have continuing effect unless cancelled by the Department in accordance with such prescribed provision (including provision as to the effective date of cancellation) as the Department considers it appropriate to make.]

(7) [F116Where both the [F117absent parent] [F118non-resident parent] and the person with care with respect to whom a [F119maintenance assessment] [F120maintenance calculation] was made request the Department to cancel the [F121assessment] [F122calculation], the Department may do so if it is satisfied that they are living together.]

(8) [F123Any cancellation of a [F124maintenance assessment] [F125maintenance calculation] under sub-paragraph (5), (6) or (7) shall have effect from such date as may be determined by the Department.]

(9) [F126Where the Department cancels a [F127maintenance assessment] [F128maintenance calculation] , it shall immediately notify the [F129absent parent] [F130non-resident parent] and person with care, so far as that is reasonably practicable.]

(10) [F131Any notice under sub-paragraph (9) shall specify the date with effect from which the cancellation took effect.]

(11) A person with care with respect to whom a [F132maintenance assessment] [F133maintenance calculation] is in force shall provide the Department with such information, in such circumstances, as may be prescribed, with a view to assisting the Department in determining whether the [F134assessment] [F135calculation] has ceased to have effect[F136, or should be cancelled].

(12) The Department may by regulations make such supplemental, incidental or transitional provision as it thinks necessary or expedient in consequence of the provisions of this paragraph.]

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F841998 NI 10

N.I.

Schedules 2 and 3 rep. by 1998 NI 10

Article 24.

SCHEDULE 4N.I.MATTERS CONCERNING CHILD SUPPORT COMMISSIONERS

Proceedings before Child Support CommissionersN.I.

1.—(1) The Lord Chancellor may make such regulations with respect to proceedings before Child Support Commissioners as he considers appropriate.N.I.

(2) The regulations—

(a)may, in particular, make any provision of a kind mentioned in[F137 Schedule 4 to the Social Security (Northern Ireland) Order 1998]; and

(b)shall provide that any hearing before a Child Support Commissioner shall be in public except in so far as the Commissioner for special reasons directs otherwise.

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F1371998 NI 10

[F138Determination of questions by other officersN.I.

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F1381995 NI 13

1A.(1) The Lord Chancellor may by regulations provide—N.I.

(a)for officers authorised by him to determine any question which is determinable by a Child Support Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference;

(b)for the procedure to be followed by any such officer in determining any such question;

(c)for the manner in which determinations of such questions by such officers may be called in question.

(2) A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Child Support Commissioner is not a determination of the appeal, application or reference for the purposes of sub-paragraph (1).]

[F139Tribunal of CommissionersN.I.

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F1391998 NI 10

2.(1) If it appears to the Chief Child Support Commissioner (or, in the case of his inability to act, to such other of the Child Support Commissioners as he may have nominated to act for the purpose) that—N.I.

(a)an application for leave under Article 25(6)(b); or

(b)an appeal,

falling to be heard by one of the Child Support Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any 2 or more of the Child Support Commissioners.

(2) If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided.

(3) Where a direction is given under sub-paragraph (1)(a), Article 25(6)(b) shall have effect as if the reference to a Child Support Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (1).]

Finality of decisionsN.I.

3.—(1) Subject to Article 26 the decision of any Child Support Commissioner shall be final.N.I.

[F140(2) If and to the extent that regulations so provide, any finding of fact or other determination which is embodied in or necessary to a decision, or on which a decision is based, shall be conclusive for the purposes of any further decision.]

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F1401998 NI 10

[F141Expenses of persons required to attend proceedingsN.I.

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F1411995 NI 13

3A.[F142(1) The Lord Chancellor may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine.]N.I.

(2) In sub-paragraph (1), references to travelling and other allowances include references to compensation for loss of remunerative time.

(3) No compensation for loss of remunerative time shall be paid to any person under this paragraph in respect of any time during which he is in receipt of other remuneration so paid.]

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F1421998 NI 10

PensionsN.I.

4.  The Lord Chancellor may pay, or make such payments towards the provision of, such pensions to or in respect of persons appointed as Child Support Commissioners as he may, with the consent of the Treasury, determine.N.I.

[F143F144F145SCHEDULE 4AN.I.DEPARTURE DIRECTIONS

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F1431995 NI 13

F144prosp. in pt. subst. 2000 c. 4 (NI)

F145see SR 2001/24 which am. and rep. for the purpose only of making regulations

InterpretationN.I.

1.  In this Schedule—N.I.

  • “departure application” means an application for a departure direction;

  • “regulations” means regulations made by the Department;

  • Definition rep. by 1998 NI 10

Applications for departure directionsN.I.

2.  Regulations may make provision—N.I.

(a)as to the procedure to be followed in considering a departure application;

(b)as to the procedure to be followed when a departure application is referred to[F146 an appeal tribunal] under Article 28D(1)(b);

(c)for the giving of a direction by the Department as to the order in which, in a particular case,[F146 a decision on a departure application and a decision under Article 18 or 19 are to be made];

(d)for the reconsideration of a departure application in a case where further information becomes available to the Department after the application has been determined.

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F1461998 NI 10

Completion of preliminary considerationN.I.

3.  Regulations may provide for determining when the preliminary consideration of a departure application is to be taken to have been completed.N.I.

InformationN.I.

4.(1) Regulations may make provision for the use for any purpose of this Order of—N.I.

(a)information acquired by the Department in connection with an application for, or the making of, a departure direction;

(b)information acquired byF147. . . the Department in connection with an application for, or the making of, a maintenance assessment.

(2) If any information which is required (by regulations under this Order) to be furnished to the Department in connection with a departure application has not been furnished within such period as may be prescribed, the Department may nevertheless proceed to determine the application.

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F1471998 NI 10

Anticipation of change of circumstancesN.I.

5.(1) A departure direction may be given so as to provide that if the circumstances of the case change in such manner as may be specified in the direction a fresh maintenance assessment is to be made.N.I.

(2) Where any such provision is made, the departure direction may provide for the basis on which the amount of child support maintenance is to be fixed by the fresh maintenance assessment to differ from the basis on which the amount of child support maintenance was fixed by any earlier maintenance assessment made as a result of the direction.

Para. 6 rep. by 1998 NI 10

Subsequent departure directionsN.I.

7.(1) Regulations may make provision with respect to any departure application made with respect to a maintenance assessment which was made as a result of a departure direction.N.I.

(2) The regulations may, in particular, provide for the application to be considered by reference to the maintenance assessment which would have been made had the departure direction not been given.

Joint consideration of departure applications and appealsN.I.

8.(1) Regulations may provide for two or more departure applications with respect to the same current assessment to be considered together.N.I.

(2) [F148An appeal tribunal] considering—

(a)a departure application referred to it under Article 28D(1)(b), or

(b)an appeal under Article 28H,

may consider it at the same time as hearing an appeal under Article 22 in respect of the current assessment, if it considers that to be appropriate.

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F1481998 NI 10

[F149Appeal tribunals]N.I.

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F1491998 NI 10

9.(1) Regulations may provide that, in prescribed circumstances, where—N.I.

(a)a departure application is referred to[F150 an appeal tribunal] under Article 28D(1)(b), or

(b)an appeal is brought under Article 28H, the application or appeal may be dealt with by a tribunal constituted by the chairman sitting alone.

(2) Sub-paragraph (1) does not apply in relation to any appeal which is being heard together with an appeal under Article 22.

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F1501998 NI 10

Current assessments which are replaced by fresh assessmentsN.I.

10.  Regulations may make provision as to the circumstances in which prescribed references in this Order to a current assessment are to have effect as if they were references to any later maintenance assessment made with respect to the same persons as the current assessment.]N.I.

[F151F152F153SCHEDULE 4BN.I.DEPARTURE DIRECTIONS: THE CASES AND CONTROLS

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F1511995 NI 13

F152prosp. in pt. subst. 2000 c. 4 (NI)

F153see SR 2001/24 which am. and rep. for the purpose only of making regulations

PART IN.I.THE CASES

GeneralN.I.

1.(1) The cases in which a departure direction may be given are those set out in this Part or in regulations made under this Part.N.I.

(2) In this Schedule “applicant” means the person whose application for a departure direction is being considered.

Special expensesN.I.

2.(1) A departure direction may be given with respect to special expenses of the applicant which were not, and could not have been, taken into account in determining the current assessment in accordance with the provisions of, or made under, Part I of Schedule 1.N.I.

(2) In this paragraph “special expenses” means the whole, or any prescribed part, of expenses which fall within a prescribed description of expenses.

(3) In prescribing descriptions of expenses for the purposes of this paragraph, the Department may, in particular, make provision with respect to—

(a)costs incurred in travelling to work;

(b)costs incurred by an absent parent in maintaining contact with the child, or with any of the children, with respect to whom he is liable to pay child support maintenance under the current assessment;

(c)costs attributable to a long-term illness or disability of the applicant or of a dependant of the applicant;

(d)debts incurred, before the absent parent became an absent parent in relation to a child with respect to whom the current assessment was made—

(i)for the joint benefit of both parents;

(ii)for the benefit of any child with respect to whom the current assessment was made; or

(iii)for the benefit of any other child falling within a prescribed category;

(e)pre-1993 financial commitments from which it is impossible for the parent concerned to withdraw or from which it would be unreasonable to expect that parent to have to withdraw;

(f)costs incurred by a parent in supporting a child who is not his child but who is part of his family.

(4) For the purposes of sub-paragraph (3)(c)—

(a)the question whether one person is a dependant of another shall be determined in accordance with regulations made by the Department;

(b)“disability” and “illness” have such meaning as may be prescribed; and

(c)the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Department.

(5) For the purposes of sub-paragraph (3)(e), “pre-1993 financial commitments” means financial commitments of a prescribed kind entered into before 5th April 1993 in any case where—

(a)a court order of a prescribed kind was in forced with respect to the absent parent and the person with care concerned at the time when they were entered into; or

(b)an agreement between them of a prescribed kind was in force at that time.

(6) For the purposes of sub-paragraph (3)(f), a child who is not the child of a particular person is a part of that person's family in such circumstances as may be prescribed.

Property or capital transfersN.I.

3.(1) A departure direction may be given if—N.I.

(a)before 5th April 1993—

(i)a court order of a prescribed kind was in force with respect to the absent parent and either the person with care with respect to whom the current assessment was made or the child, or any of the children, with respect to whom that assessment was made; or

(ii)an agreement of a prescribed kind between the absent parent and any of those persons was in force;

(b)in consequence of one or more transfers of property of a prescribed kind—

(i)the amount payable by the absent parent by way of maintenance was less then would have been the case had that transfer or those transfers not been made; or

(ii)no amount was payable by the absent parent by way of maintenance; and

(c)the effect of that transfer, or those transfers, is not properly reflected in the current assessment.

(2) For the purposes of sub-paragraph (1)(b), “maintenance” means periodical payments of maintenance made (otherwise than under this Order) with respect to the child, or any of the children, with respect to whom the current assessment was made.

(3) For the purposes of sub-paragraph (1)(c), the question whether the effect of one or more transfers of property is properly reflected in the current assessment shall be determined in accordance with regulations made by the Department.

4.(1) A departure direction may be given if—N.I.

(a)before 5th April 1993—

(i)a court order of a prescribed kind was in force with respect to the absent parent and either the person with care with respect to whom the current assessment was made or the child, or any of the children, with respect to whom that assessment was made, or

(ii)an agreement of a prescribed kind between the absent parent and any of those persons was in force;

(b)in pursuance of the court order or agreement, the absent parent has made one or more transfers of property of a prescribed kind;

(c)the amount payable by the absent parent by way of maintenance was not reduced as a result of that transfer or those transfers;

(d)the amount payable by the absent parent by way of child support maintenance under the current assessment has been reduced as a result of that transfer or those transfers, in accordance with provisions of or made under this Order; and

(e)it is nevertheless inappropriate, having regard to the purposes for which the transfer or transfers was or were made, for that reduction to have been made.

(2) For the purposes of sub-paragraph (1)(c), “maintenance” means periodical payments of maintenance made (otherwise than under this Order) with respect to the child, or any of the children, with respect to whom the current assessment was made.

Additional casesN.I.

5.(1) The Department may by regulations prescribe other cases in which a departure may be given.N.I.

(2) Regulations under this paragraph may, for example, make provision with respect to cases where—

(a)assets which do not produce income are capable of producing income;

(b)a person's life-style is inconsistent with the level of his income;

(c)housing costs are unreasonably high;

(d)housing costs are in part attributable to housing persons whose circumstances are such as to justify disregarding a part of those costs;

(e)travel costs are unreasonably high; or

(f)travel costs should be disregarded.

PART IIN.I.REGULATORY CONTROLS

6.(1) The Department may by regulations make provision with respect to the directions which may be given in a departure direction.N.I.

(2) No directions may be given other than those which are permitted by the regulations.

(3) Regulations under this paragraph may, in particular, make provision for a departure direction to require—

(a)the substitution, for any formula set out in Part I of Schedule 1, of such other formula as may be prescribed;

(b)any prescribed amount by reference to which any calculation is to be made in fixing the amount of child support maintenance to be increased or reduced in accordance with the regulations;

(c)the substitution, for any provision in accordance with which any such calculation is to be made, of such other provision as may be prescribed.

(4) Regulations may limit the extent to which the amount of the child support maintenance fixed by a maintenance assessment made as a result of a departure direction may differ from the amount of the child support maintenance which would be fixed by a maintenance assessment made otherwise than as a result of the direction.

(5) Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a departure direction, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.

(6) No departure direction may be given so as to have the effect of denying to an absent parent the protection of paragraph 6 of Schedule 1.

(7) Sub-paragraph (6) does not prevent the modification of the provisions of, or made under, paragraph 6 of Schedule 1 to the extent permitted by regulations under this paragraph.

(8) Any regulations under this paragraph may make different provision with respect to different levels of income.]

[F154F155SCHEDULE 4CN.I.DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS, ETC.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1541998 NI 10

F155prosp. in pt. rep. by 2000 c. 4 (NI)

Revision of decisionsN.I.

1.  Article 18 shall apply in relation to—N.I.

(a)any decision of the Department with respect to a departure direction, a reduced benefit direction or a person's liability under Article 40;

(b)any decision of the Department under Article 19 as extended by paragraph 2; and

(c)any decision of an appeal tribunal on a referral under Article 28D(1)(b),

as it applies in relation to any decision of the Department under Article 13, 14 or 19.

Decisions superseding earlier decisionsN.I.

2.(1) Article 19 shall apply in relation to—N.I.

(a)any decision of the Department with respect to a departure direction, a reduced benefit direction or a person's liability under Article 40;

(b)any decision of the Department under Article 19 as extended by this sub-paragraph; and

(c)any decision of an appeal tribunal on a referral under Article 28D(1)(b),

whether as originally made or as revised under Article 18 as extended by paragraph 1, as it applies in relation to any decision of the Department under Article 13, 14 or 19, whether as originally made or as revised under Article 18.

(2) Article 19 shall apply in relation to any decision of an appeal tribunal under Article 22 as extended by paragraph 3 as it applies in relation to any decision of an appeal tribunal under Article 22.

Appeals to appeal tribunalsN.I.

3.(1) Subject to sub-paragraphs (2) and (3), Article 22 shall apply—N.I.

(a)in relation to a qualifying person who is aggrieved by any decision of the Department with respect to a departure direction; and

(b)in relation to any person who is aggrieved by a decision of the Department—

(i)with respect to a reduced benefit direction; or

(ii)with respect to a person's liability under Article 40,

as it applies in relation to a person whose application for a [F156maintenance assessment] [F157maintenance calculation] is refused or to such a person as is mentioned in paragraph (2) of Article 22.

(2) On an appeal under Article 22 as extended by sub-paragraph (1)(a), the appeal tribunal shall—

(a)consider the matter—

(i)as if it were exercising the powers of the Department in relation to the application in question; and

(ii)as if it were subject to the duties imposed on the Department in relation to that application;

(b)have regard to any representations made to it by the Department; and

(c)confirm the decision or replace it with such decision as the tribunal considers appropriate.

(3) No appeal shall lie under Article 22 as extended by sub-paragraph (1)(b)(i) unless the amount of the person's benefit is reduced in accordance with the reduced benefit direction; and the time within which such an appeal may be brought shall run from the date of the notification of the reduction.

(4) In sub-paragraph (1) “qualifying person” means the person with care, or [F158absent parent] [F159non-resident parent] , with respect to whom the current [F160assessment] [F161calculation] was made.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Decisions and appeals dependent on other casesN.I.

4.(1) Article 28ZA shall also apply where—N.I.

(a)a decision falls to be made—

(i)with respect to a departure direction, a reduced benefit direction or a person's liability under Article 40, by the Department; or

(ii)with respect to a departure direction, by an appeal tribunal on a referral under Article 28D(1)(b); and

(b)an appeal is pending against a decision given with respect to a different direction by a Child Support Commissioner or a court.

(2) Article 28ZA as it applies by virtue of sub-paragraph (1) shall have effect as if the reference in paragraph (3) to Article 18 were a reference to that Article as extended by paragraph 1.

(3) Article 28ZA as it applies by virtue of sub-paragraph (1)(a)(ii) shall have effect as if—

(a)in paragraph (2), for the words “the Department”, in each place where they occur, there were substituted the words “ the appeal tribunal ”; and

(b)in paragraph (3)—

(i)for the words “the Department” there were substituted the words “ the appeal tribunal ”;

(ii)for the word “it” there were substituted the words “ the Department ”; and

(iii)for the word “its” there were substituted the words “ the tribunal's ”.

5.(1) Article 28ZB shall also apply where—N.I.

(a)an appeal is made to an appeal tribunal under Article 22 as extended by paragraph 3; and

(b)an appeal is pending against a decision given in a different case by a Child Support Commissioner or a court.

(2) Article 28ZB as it applies by virtue of sub-paragraph (1) shall have effect as if any reference to Article 18 or Article 19 were a reference to that Article as extended by paragraph 1 or, as the case may be, paragraph 2.

Cases of errorN.I.

6.(1) Subject to sub-paragraph (2), Article 28ZC shall also apply where—N.I.

(a)the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court ( “the relevant determination”) is that the adjudicating authority's decision out of which the appeal arose was erroneous in point of law; and

(b)after the date of the relevant determination a decision falls to be made by the Department in accordance with that determination (or would, apart from this paragraph, fall to be so made)—

(i)in relation to an application for a departure direction (made after the commencement date);

(ii)as to whether to revise, under Article 18 as extended by paragraph 1, a decision (made after the commencement date) in relation to a departure direction, a reduced benefit direction or a person's liability under Article 40; or

(iii)on an application made under Article 19 as extended by paragraph 2 before the date of the relevant determination (but after the commencement date) for a decision in relation to a departure direction, a reduced benefit direction or a person's liability under Article 40 to be superseded.

(2) Article 28ZC shall not apply where the decision of the Department mentioned in sub-paragraph (1)(b)—

(a)is one which, but for Article 28ZA(2)(a) as it applies by virtue of paragraph 4(1), would have been made before the date of the relevant determination; or

(b)is one made in pursuance of Article 28ZB(3) or (5) as it applies by virtue of paragraph 5(1).

(3) Article 28ZC as it applies by virtue of sub-paragraph (1) shall have effect as if in paragraph (4), in the definition of “adjudicating authority”, at the end there were added the words “ or, in the case of a decision made on a referral under Article 28D(1)(b), an appeal tribunal ”.

(4) In this paragraph “adjudicating authority”, “the commencement date” and “the court” have the same meanings as in Article 28ZC.]

N.I.

Schedule 5—Amendments

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