The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend various regulations made under the Child Support (Northern Ireland) Order 1991 (“the Order”).

Regulation 2 amends the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 in the following respects:

(a) paragraph (2) makes a drafting amendment to paragraph (6) of regulation 1;

(b) paragraph (3) clarifies the provisions of paragraph (8) of regulation 8D;

(c) paragraph (4) creates an exception to the provisions of regulation 19 where, following a review under Article 19, the child support officer determines that the case no longer falls within paragraph 5(4) of Schedule 1 to the Order;

(d) paragraph (5) clarifies existing effective date provisions and makes provision for the effective date of a new maintenance assessment which relates to part only of the period after the maintenance enquiry form was sent and also for the effective date of an assessment made, subsequently, when all relevant information is available for the whole of the relevant period;

(e) paragraph (6) makes amendments to regulation 49 which are consequential on the Children (Northern Ireland) Order 1995.

Regulation 3 amends the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 in the following respects:

(a) paragraph (2) inserts new definitions and amends the definition of “personal pension scheme”, to reflect the definition now utilised by the Income Support (General) Regulations (Northern Ireland) 1987;

(b) paragraph (3) inserts a new regulation 10A, which prescribes family credit and disability working allowance, with certain exceptions, for the purposes of paragraph 5(4) of Schedule 1 to the Order;

(c) paragraph (4) provides for the disposable income figure prescribed in regulation 12(1)(b) to be reduced by the amount of any maintenance payable under certain maintenance orders;

(d) paragraph (7) makes various amendments to Schedule 1;

(e) paragraph (8)(d) amends Schedule 2, providing for payments made in lieu of community care services to be disregarded in calculating or estimating net income;

(f) paragraph (9) makes various amendments to Schedule 3;

(g) a number of other amendments are also made which are consequential on the Children (Northern Ireland) Order 1995 (paragraphs (5), (6) and (8)(a), (b), (c) and (d)).

Regulation 4 amends the Child Support Appeal Tribunals (Procedure) Regulations (Northern Ireland) 1993 to make provision for notice of appeal to be lodged with the Department of Health and Social Services at the Child Support Agency Appeals Section.

Regulation 5 amends the Child Support Fees Regulations (Northern Ireland) 1993, deferring the reintroduction of fees until April 1999.

Regulation 6 makes certain transitional provisions.

Regulation 7 revokes the provision made for suspension, in certain circumstances, of a reduced benefit direction.