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The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001

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Part IIApplications for a Maintenance Calculation

Applications under Article 7 of the Order

3.—(1) A person who applies for a maintenance calculation under Article 7 of the Order(1) need not normally do so in writing, but if the Department directs that the application be made in writing, the application shall be made either by completing and returning, in accordance with the Department’s instructions, a form provided for that purpose, or in such other written form as the Department may accept as sufficient in the circumstances of any particular case.

(2) An application for a maintenance calculation is effective if it complies with paragraph (1) and, subject to paragraph (4), is made on the date it is received.

(3) Where an application for a maintenance calculation is not effective the Department may request the person making the application to provide such additional information or evidence as the Department may specify and, where the application was made on a form, the Department may request that the information or evidence be provided on a fresh form.

(4) Where the additional information or evidence requested is received by the Department within 14 days of the date of its request, or at a later date in circumstances where the Department is satisfied that the delay was unavoidable, it shall treat the application as made on the date on which the earlier or earliest application would have been treated as made had it been effective.

(5) Where the Department receives the additional information or evidence requested by it more than 14 days from the date of the request and in circumstances where it is not satisfied that the delay was unavoidable, the Department shall treat the application as made on the date of receipt of the information or evidence.

(6) Subject to paragraph (7), a person who has made an effective application may amend or withdraw the application at any time before a maintenance calculation is made and such amendment or withdrawal need not be in writing unless, in any particular case, the Department requires it to be.

(7) No amendment made under paragraph (6) shall relate to any change of circumstances arising after the effective date of a maintenance calculation resulting from an effective application.

Multiple applications

4.—(1) The provisions of Schedule 2 shall apply in cases where there is more than one application for a maintenance calculation.

(2) The provisions of paragraphs 1, 2 and 3 of Schedule 2 relating to the treatment of two or more applications as a single application shall apply where no request is received for the Department to cease acting in relation to all but one of the applications.

(3) Where, under the provisions of paragraph 1, 2 or 3 of Schedule 2, two or more applications are to be treated as a single application, that application shall be treated as an application for a maintenance calculation to be made with respect to all of the qualifying children mentioned in the applications, and the effective date of that maintenance calculation shall be determined by reference to the earlier or earliest application.

Notice of an application for a maintenance calculation

5.—(1) Where an effective application has been made under Article 7 of the Order, or is treated as made under Article 9(3) of the Order(2), as the case may be, the Department shall as soon as is reasonably practicable notify, orally or in writing, the non-resident parent and any other relevant persons (other than the person who has made, or is treated as having made, the application) of that application and request such information as it may require to make the maintenance calculation in such form and manner as it may specify in the particular case.

(2) Where the person to whom notice is being given under paragraph (1) is a non-resident parent, that notice shall specify the effective date of the maintenance calculation if one is to be made, and the ability to make a default maintenance decision.

(3) Subject to paragraph (4), a person who has provided information under paragraph (1) may amend the information he has provided at any time before a maintenance calculation is made and such information need not be in writing unless, in any particular case, the Department requires it to be.

(4) No amendment under paragraph (3) shall relate to any change of circumstances arising after the effective date of any maintenance calculation made in response to the application in relation to which the information was requested.

Death of a qualifying child

6.—(1) Where the Department is informed of the death of a qualifying child with respect to whom an application for a maintenance calculation has been made or has been treated as made, it shall—

(a)proceed with the application as if it had not been made with respect to that child if the Department has not yet made a maintenance calculation;

(b)treat any maintenance calculation already made by the Department as not having been made if the relevant persons have not been notified of it and proceed with the application as if it had not been made with respect to that child.

(2) Where all of the qualifying children with respect to whom an application for a maintenance calculation has been made have died, and either the calculation has not been made or the relevant persons have not been notified of it, the Department shall treat the application as not having been made.

(1)

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(2)

Article 9 is substituted by section 3 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

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