Amendment of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations
3.—(1) The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with paragraphs (2) to (9).
(2) For “absent parent” wherever it appears there shall be substituted “non-resident parent”, preceded where appropriate by “a” instead of “an”.
(3) For “assessment” wherever it appears there shall be substituted “calculation”.
(4) In regulation 1(2) (interpretation) for the definition of “Maintenance Assessment Procedure Regulations”(2) there shall be substituted the following definition—
““Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001”;
(5) In regulation 3 (relationship between maintenance assessments and certain court orders)—
(a)in paragraph (2) after “cease to have effect” there shall be added “on the effective date of the maintenance calculation.”;
(b)paragraphs (4) to (7)(3) shall be omitted.
(6) In regulation 5(3)(c)(4) (notifications by the Department) for “regulation 20 of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992” there shall be substituted “regulation 8 of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001.”.
(7) Regulation 7 (cancellation of a maintenance assessment on grounds of lack of jurisdiction) shall be omitted.
(8) After regulation 7 there shall be inserted the following regulation—
“Prescription for the purposes of jurisdiction
7A.—(1) The companies prescribed for the purposes of Article 41(2A)(c) of the Order (non-resident parents not habitually resident in the United Kingdom but employed by prescribed companies) are companies which employ employees to work outside the United Kingdom but make calculations and payment arrangements in relation to the earnings of those employees in the United Kingdom so that a deduction from earnings order may be made under Article 31 of the Order in respect of the earnings of any such employee who is a liable person for the purposes of that Article.
(2) The following bodies are prescribed for the purposes of Article 41(2A)(d) of the Order (non-resident parents not habitually resident in the United Kingdom but employed by a prescribed body)—
(a)a Health and Social Services trust established by order made under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(5);
(b)a Health and Social Services Board established by order made under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(6) (“the 1972 Order”);
(c)the Central Services Agency established by order made under Article 26 of the 1972 Order;
(d)a Special Agency established by order made under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(7);
(e)a National Health Service Trust established by order made under section 5 of the National Health Service and Community Care Act 1990(8) (“the 1990 Act”) or under section 12A of the National Health Service (Scotland) Act 1978(9) (“the 1978 Act”);
(f)a Primary Care Trust established by order made under section 16A of the National Health Service Act 1977(10) (“the 1977 Act”);
(g)a Health Authority established under section 8 of the 1977 Act(11);
(h)a Special Health Authority established under section 11 of the 1977 Act(12);
(i)a local authority, and for this purpose local authority means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in relation to Wales, a county council or county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(13);
(j)a Health Board constituted under section 2 of the 1978 Act; and
(k)a Special Health Board constituted under section 2 of the 1978 Act.”.
(9) In regulation 8 (maintenance assessments and maintenance orders made in error) —
(a)in paragraph (1) for sub-paragraph (c)(14) there shall be substituted the following sub-paragraph—
“(c)the Department revises the decision as to the maintenance calculation under Article 18 of the Order(15) and decides that no child support maintenance was payable on the ground that the previous decision was made in error,”;
(b)in paragraph (2)(16)—
(i)in sub-paragraph (aa) “is cancelled or” shall be omitted, and
(ii)“as not having been cancelled or, as the case may be,” shall be omitted.
S.R. 1992 No. 466; relevant amending rules are S.R. 1993 No. 164, S.R. 1995 Nos. 19, 162 and 475 and S.R. 1999 No. 246 (C. 20)
The definition of “Maintenance Assessment Procedure Regulations” was inserted by regulation 7(2) of S.R. 1995 No. 162
Paragraph (4) was amended by regulation 7(2) of S.R. 1995 No. 475, paragraph (6) was added by regulation 3 of S.R. 1995 No. 19 and paragraph (7) was added by regulation 7(4)(b) of S.R. 1995 No. 162 and amended by regulation 7(2) of S.R. 1995 No. 475
Regulation 5 was amended by Article 13(3)(a) of S.R. 1999 No. 246 (C. 20)
S.I. 1991/194 (N.I. 1); Article 10 was amended by Article 3(8) of the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))
1990 c. 19; section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 7), paragraph 65(2) of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46) and sections 13(1) and 14 of the Health Act 1999 (c. 8)
1978 c. 29; section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 (c. 19) and amended by section 46(1) of the Health Act 1999
1977 c. 49; section 16A was inserted by section 2(1) of the Health Act 1999. Section 16A was commenced in England on 4th January 2000. Section 16A has not been commenced in Wales
Section 8 was substituted by section 1 of the Health Authorities Act 1995 and amended by paragraph 5 of Schedule 4 to the Health Act 1999
Section 11 was amended by paragraph 3 of Schedule 1 to the Health Authorities Act 1995 and paragraph 6 of Schedule 4 to the Health Act 1999
Sub-paragraph (c) was amended by Article 13(5) of S.R. 1999 No. 246 (C. 20)
Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
Paragraph (2) was amended by, and sub-paragraph (aa) was inserted by, regulation 3(3)(b) of S.R. 1993 No. 164