The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001

Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations

2.—(1) The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with paragraphs (2) to (12).

(2) In regulation 1(2) (interpretation)—

(a) the definitions of “absent parent”, “due date”, “Maintenance Assessments and Special Cases Regulations” and “Maintenance Assessment Procedure Regulations” shall be omitted;

(b) after the definition of “arrears notice” there shall be inserted the following definitions—

““Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(2);

“non-resident parent” includes a person treated as such under regulation 8 of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(3);”; and

(c) in the definition of “relevant person” for “Maintenance Assessment Procedure Regulations” there shall be substituted “Maintenance Calculation Procedure Regulations”.

(3) In Part II (arrears of child support maintenance and interest on arrears), in the heading “and interest on arrears” shall be omitted.

(4) In regulation 2 (applicability of provisions as to arrears and interest and arrears notices)—

(a) in the heading “and interest” shall be omitted;

(b) in paragraphs (1) and (3)(b) for “regulations 3 to 9” there shall be substituted “regulations 5 and 8”;

(c) in paragraphs (2), (3)(c) and (4) for “absent parent” there shall be substituted “non-resident parent”;

(d) in paragraph (3)(b) “and interest” shall be omitted.

(5) Regulations 3(4) (liability to make payments of interest with respect to arrears), 4(5) (circumstances in which no liability to pay interest arises), 6(6) (rate of interest and calculation of interest) and 7(7) (receipt and retention of interest paid) shall be omitted.

(6) In regulation 5 (payment of arrears by agreement)—

(a) in paragraph (1)(8) for “an absent parent” there shall be substituted “a non-resident parent” and for “the absent parent” there shall be substituted “the non-resident parent”;

(b) paragraphs (3), (4) and (6) shall be omitted; and

(c) in paragraph (5) for “absent parent” there shall be substituted “non-resident parent”.

(7) In regulation 8(9) (retention of arrears)—

(a) in paragraph (1)(a) for “an absent parent” there shall be substituted “a non-resident parent”; and

(b) in paragraph (2) for “absent parent” there shall be substituted “non-resident parent” and for “assessment” there shall be substituted “calculation”.

(8) In the headings to Part III (attribution of payments and adjustment of the amount payable under a maintenance assessment) and to regulation 10 (adjustment of the amount payable under a maintenance assessment) for “assessment” there shall be substituted “calculation”.

(9) In regulation 9 (attribution of payments) for “assessment” there shall be substituted “calculation” and for “an absent parent” there shall be substituted “a non-resident parent”.

(10) In regulation 10(10) (adjustment of the amount payable under a maintenance assessment)—

(a) in paragraph (1)—

(i) “new or a fresh” shall be omitted and for “assessment” wherever it appears there shall be substituted “calculation”;

(ii) in sub-paragraph (b)(i) for “absent parent” there shall be substituted “non-resident parent”;

(b) after paragraph (3) there shall be inserted the following paragraph—

“(3A) Where there has been a voluntary payment, the Department may—

(a) apply the amount of the voluntary payment to reduce any arrears of child support maintenance due under any previous maintenance calculation made in respect of the same relevant persons; or

(b) where there is no previous relevant maintenance calculation or an amount of the voluntary payment remains after the application of sub-paragraph (a), and subject to paragraph (4), adjust the amount payable under a current maintenance calculation by such amount as it considers appropriate in all the circumstances of the case having regard in particular to—

(i) the circumstances of the non-resident parent and the person with care;

(ii) the amount of the voluntary payment in relation to the amount due under the current maintenance calculation, and

(iii) the period over which it would be reasonable for the voluntary payment to be taken into account.”; and

(c) in paragraph (4)—

(i) for “(2) or (3)” there shall be substituted “(3A) or regulation 15D of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(11)”;

(ii) for “assessment” there shall be substituted “calculation”, and

(iii) for “the minimum amount prescribed under paragraph 7” there shall be substituted “an amount equivalent to a flat rate fixed by paragraph 4(1)”.

(11) In regulation 10A(1)(12) (reimbursement of a repayment of overpaid child maintenance)—

(a) for “an absent parent” there shall be substituted “a non-resident parent”;

(b) in sub-paragraph (a) for “assessment” there shall be substituted “calculation” and “family credit or disability working allowance” shall be omitted; and

(c) sub-paragraph (b) shall be omitted.

(12) After regulation 10A there shall be inserted the following regulation—

“Repayment of a reimbursement of a voluntary payment

10B.   The Department may require a relevant person to repay the whole or any part of any payment by way of reimbursement made to a non-resident parent under Article 38B(2) of the Order(13) where—

(a) a voluntary payment was made;

(b) Article 38B(1A)(b) applies; and

income support or income-based jobseeker’s allowance was not in payment to that person at any time during the period in which the voluntary payment was made or at the date or dates on which the payment by way of reimbursement was made.”.

(1)

S.R. 1992 No. 342; relevant amending rules are S.R. 1993 No. 164, S.R. 1995 Nos. 162 and 475, S.R. 1996 No. 289 and S.R. 1999 No. 246 (C. 20)

(2)

S.R. 2001 No. 17

(3)

S.R. 2001 No. 18

(4)

Regulation 3 was amended by Article 10(2) of S.R. 1999 No. 246 (C. 20)

(5)

Regulation 4 was amended by regulation 2(3) of S.R. 1993 No. 164, regulation 3(2) of S.R. 1995 No. 162 and Article 10(3) of S.R. 1999 No. 246 (C. 20)

(6)

Regulation 6 was amended by regulation 2(5) of S.R. 1993 No. 164

(7)

Regulation 7 was amended by regulation 22(2)(a) of S.R. 1996 No. 289

(8)

Paragraph (1) was substituted by regulation 2(4) of S.R. 1993 No.164

(9)

Regulation 8 was substituted by regulation 5(2) of S.R.1995 No.475 and amended by regulation 22(2)(b) of S.R. 1996 No. 289

(10)

Regulation 10 was substituted by regulation 3(3) of S.R. 1995 No.162 and amended by Article 10(4) of S.R. 1999 No. 246 (C. 20)

(11)

S.R. 1999 No. 162; regulation 15D is inserted by regulation 2(9) of S.R. 2001 No. 23

(12)

Regulation 10A was inserted by regulation 5(3) of S.R. 1995 No. 475 and amended by regulation 22(2)(c) of S.R. 1996 No. 289

(13)

Article 38B was inserted by Article 16 of the Child Support (Northern Ireland) Order 1995 and paragraph (1A) was inserted by section 19(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000