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The Social Security (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

32.—(1) In paragraph 8 of Schedule 1 (housing costs), for the words “a child support officer” there shall be substituted the words “the Department”.

(2) In paragraph 9(b) of that Schedule (regulations about income and capital), for the words “the child support officer concerned” and the words “the child support officer” there shall be substituted the words “the Department”.

(3) In paragraph 13 of that Schedule (assessments where amount of child support is nil), for the words “A child support officer” there shall be substituted the words “The Department”.

(4) In paragraph 15 of that Schedule (separate assessments for different periods)—

(a)for the words “a child support officer” there shall be substituted the words “the Department”; and

(b)for the word “he” there shall be substituted the word “it”.

(5) In paragraph 16 of that Schedule (termination of assessments), for sub-paragraphs (2) to (11) there shall be substituted the following sub-paragraphs—

(2) A maintenance assessment made in response to an application under Article 7 shall be cancelled by the Department if the person on whose application the assessment was made asks the Department to do so.

(3) A maintenance assessment made in response to an application under Article 9 shall be cancelled by the Department if—

(a)the person on whose application the assessment 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) Where the Department is satisfied that the person with care with respect to whom a maintenance assessment 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 assessment was made, the Department may cancel the assessment with effect from the date on which, in its opinion, the change of circumstances took place.

(5) Amaintenance assessment maybe cancelled bythe 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 maintenance assessment in question was made has failed to provide the Department with sufficient information to enable it to make the decision; and

(b)where the maintenance assessment in question was made in response to an application under Article 9, that the person with care with respect to whomthe assessment was made has ceased to fall within paragraph (1) of that Article.

(6) Where—

(a)at any time a maintenance assessment 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 assessment 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) Where both the absent parent and the person with care with respect to whom a maintenance assessment was made request the Department to cancel the assessment, the Department may do so if it is satisfied that they are living together.

(8) Any cancellation of a maintenance assessment under sub-paragraph (5), (6) or (7) shall have effect from such date as may be determined by the Department.

(9) Where the Department cancels a maintenance assessment, it shall immediately notify the absent parent and person with care, so far as that is reasonably practicable.

(10) Any 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 maintenance assessment 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 assessment has ceased to have effect, 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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