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The Child Maintenance Bonus (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland) 1997

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Statutory Rules of Northern Ireland

1997 No. 126

SOCIAL SECURITY

The Child Maintenance Bonus (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland) 1997

Made

6th March 1997

Coming into operation

7th April 1997

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 20(2) and (3) of the Child Support (Northern Ireland) Order 1995(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Maintenance Bonus (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland) 1997 and shall come into operation on 7th April 1997.

(2) In these Regulations “the Child Support Order” means the Child Support (Northern Ireland) Order 1995.

Adaptation of Article 4 of the Child Support Order and regulations made under it

2.—(1) The provisions contained in the Memorandum of Arrangements set out in the Schedule shall have effect so far as the same relate to Northern Ireland.

(2) In particular and without prejudice to paragraph (1), any act, omission, event or other matter which is relevant for the purposes of section 10 of the Child Support Act 1995(2) and regulations made under it is deemed to be an act, omission, event or other matter which is relevant for the purposes of Article 4 of the Child Support Order (the child maintenance bonus) and regulations made under it.

(3) In Article 4 of the Child Support Order and regulations made under it the references to—

(a)“a child maintenance bonus” shall be construed as including references to a child maintenance bonus within the meaning of section 10 of the Child Support Act 1995;

(b)“income support” shall be construed as including references to income support within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992(3);

(c)“jobseeker’s allowance” shall be construed as including references to jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995(4);

(d)“the Department” shall be construed as including references to the Secretary of State.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

John O'Neill

Assistant Secretary

6th March 1997.

Regulation 2(1)

SCHEDULEMemorandum of arrangements relating to the provision made for child maintenance bonus in the United Kingdom between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part

1.  In this Memorandum—

“the provision made for Great Britain” means section 10 of the Child Support Act 1995 and regulations made under it; and

“the provision made for Northern Ireland” means Article 4 of the Child Support (Northern Ireland) Order 1995 and regulations made under it.

2.—(1) The provision made for Great Britain and the provision made for Northern Ireland shall operate as a single system within the United Kingdom.

(2) For the purposes of paragraph (1), all acts, omissions, events and other matters and in particular any application, declaration, direction, decision or order having effect for the provision made for Great Britain and having effect in that territory or for the provision made for Northern Ireland and having effect in that territory, shall have a corresponding effect for the purpose of the provision made for child maintenance bonus in the other territory.

(3) The provisions of this Memorandum shall not confer a right to double benefit.

3.  The Secretary of State and the Department of Health and Social Services for Northern Ireland may from time to time determine the administrative procedures appropriate for the purposes of giving effect to this Memorandum.

4.  The arrangements in this Memorandum shall come into effect on 7th April 1997 but either Party may terminate them by giving not less than six months' notice in writing to the other.

Signed by authority of the Secretary of State for Social Security on the 18th day of February 1997.

Andrew Mitchell

Parliamentary Under-Secretary of State,

Department of Social Security

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on the 20th day of February 1997.

Alan Elliott

Permanent Secretary

Explanatory Note

(This note is not part of the Regulations.)

These Regulations give effect in Northern Ireland to reciprocal arrangements relating to matters for which provision is made in Northern Ireland under Article 4 of the Child Support (Northern Ireland) Order 1995; this Article provides for a “child maintenance bonus” to be payable to persons who are or have been entitled to certain social security benefits and have also been in receipt of child maintenance payments.

The reciprocal arrangements are contained in the Memorandum set out in the Schedule to the Regulations and have been made between the Department of Health and Social Services and the Secretary of State for Social Security. The Regulations provide that relevant matters under the Great Britain legislation have a corresponding effect in respect of the provisions of Article 4 of the Child Support (Northern Ireland) Order 1995 and regulations made under it.

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