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2.—(1) For the purposes of section 26(2) of the Act, section 26 shall have effect as if it were modified so as to apply to cases of arrears of child support maintenance which have become due under a fresh maintenance assessment made in the following circumstances—
(a)where the Department has given a departure direction under Article 28F of the Child Support Order(1) and—
(i)the revised amount is higher than the current amount, and
(ii)the effective date of the fresh maintenance assessment is a date before 1st June 1999, or
(b)following a review under Article 20 of the Child Support Order(2) (reviews of decisions of child support officers) or a review under Article 21 of that Order(3) (reviews at instigation of child support officers) (as those provisions had effect before their substitution by Article 41 of the Social Security Order),
and the effective date of the assessment is earlier than the date on which the assessment was made; or
(c)following an appeal to a child support appeal tribunal under Article 22 of the Child Support Order(4) (as it had effect before its substitution by Article 42 of the Social Security Order) against a decision of a child support officer.
(2) In this Regulation—
“current amount” means the amount of child support maintenance fixed by the current assessment; and
“revised amount” means the amount of child support maintenance fixed by the fresh maintenance assessment as a result of the departure direction given by the Department.
Article 28F was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))
Article 20 was amended by Articles 7 and 8 of, and paragraph 4 of Schedule 3 to, the Child Support (Northern Ireland) Order 1995
Article 21 was substituted by Article 9 of the Child Support (Northern Ireland) Order 1995
Article 22 was amended by paragraph 5 of Schedule 3 to the Child Support (Northern Ireland) Order 1995
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