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

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Part VIIIRevocation, Savings and Transitional Provisions

Revocation and savings

29.—(1) Subject to paragraph (2), the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(1) shall be revoked with respect to a particular case with effect from the date that these Regulations come into operation with respect to that type of case (“the commencement date”).

(2) Subject to regulation 30(2), where before the commencement date in respect of a particular case—

(a)an application was made and not determined for—

(i)a maintenance assessment;

(ii)a departure direction, or

(iii)a revision or supersession of a decision;

(b)the Department had begun but not completed a revision or supersession of a decision on its own initiative;

(c)any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or

(d)any appeal was made but not decided or any time limit for making an appeal had not expired,

the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of—

(aa)the decision on the application referred to in sub-paragraph (a);

(bb)the revision or supersession referred to in sub-paragraph (b);

(cc)the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;

(dd)any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or

(ee)any revision, supersession, appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd).

(3) Where immediately before the commencement date in respect of a particular case an interim maintenance assessment was in force, the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of the decision under Article 19 of the Order to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Order before its amendment by the Act and any revision, supersession or appeal in relation to that decision.

(4) Where after the commencement date a maintenance assessment is revised, cancelled or ceases to have effect from a date which is prior to the commencement date, the Maintenance Assessment Procedure Regulations shall apply for the purposes of that cancellation or cessation.

(5) Where under regulation 28(1) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(2) an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of the determination of the application and any revision, supersession or appeal in relation to any such assessment made.

(6) For the purposes of this regulation—

(a)“departure direction,” “maintenance assessment” and “interim maintenance assessment” have the same meaning as in Article 2(2) of the Order(3) before its amendment by the Act;

(b)“revision or supersession” means a revision or supersession of a decision under Article 18 or 19 of the Order(4) before their amendment by the Act.

(7) For the purposes of this regulation and regulation 30 “Maintenance Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992.

Transitional provision — effective dates and reduced benefit decisions

30.—(1) Where a maintenance assessment is in force with respect to a non-resident parent or a parent with care and an application for a maintenance calculation is made to which regulation 28 applies, that regulation shall apply as if references to a maintenance calculation in force were to a maintenance assessment in force.

(2) Where—

(a)the application for a maintenance assessment was made before the date prescribed for the purposes of Article 7(10)(a) of the Order; and

(b)the effective date of the maintenance assessment, if it were a maintenance assessment to which the Maintenance Assessment Procedure Regulations applied (“the assessment effective date”) would be later than the effective date provided for in these Regulations,

the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the assessment effective date.

(3) Paragraphs (4) to (7) shall apply where, on or before the commencement date, Article 9 of the former Order(5) applied to the parent with care.

(4) Where a maintenance assessment was made with an effective date, applying the Maintenance Assessment Procedure Regulations, or the Maintenance Arrangements and Jurisdiction Regulations, which is before the prescribed date and on or after the commencement date the parent with care notifies the Department that, that parent is withdrawing that parent’s authorisation under Article 9(1) of the former Order, these Regulations shall apply as if the notification were a request not to act under Article 9(5) of the Order.

(5) Where a maintenance assessment was not made because Article 9(2) of the former Order applied, these Regulations shall apply as if Article 9(5) of the Order applied.

(6) Where a maintenance assessment was not made, Article 9(2) of the former Order did not apply and a reduced benefit direction was given under Article 43(5) of the former Order(6), these Regulations shall apply as if the reduced benefit direction were a reduced benefit decision made under Article 43(5) of the Order, from the same date and with the same effect as the reduced benefit direction.

(7) Where a maintenance assessment was not made, the parent with care failed to comply with a requirement imposed on that parent with care under Article 9(1) of the former Order and the Department was in the process of serving a notice or considering reasons given by the parent with care under Article 43(2) or (3) of the former Order, these Regulations shall apply as if the Department was in the process of serving a notice or considering reasons under Article 43(2) or (3) of the Order.

(8) For the purposes of this regulation—

“commencement date” means with respect to a particular case the date theses Regulations come into operation with respect to that type of case;

“former Order” means the Order before its amendment by the Act;

“Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992(7);

“maintenance assessment” has the meaning given in the former Order; and

“prescribed date” means the date prescribed for the purposes of Article 7(10)(a) of the Order.

(9) In the application of the Maintenance Assessment Procedure Regulations for the purposes of paragraph (4) where, on or after the prescribed date, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, the Regulations shall be applied as if references in regulation 29 of those Regulations (effective dates of maintenance assessments)(8)—

(a)to the date when the maintenance enquiry form was given or sent to the absent parent were to the date of notification to the non-resident parent;

(b)to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were to the provision of this information by the non-resident parent.

(10) In the application of the Maintenance Arrangements and Jurisdiction Regulations for the purposes of paragraph (4), where, on or after the prescribed date no maintenance enquiry form, as defined in the Maintenance Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders)(9) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent were a reference to the date of notification to the non-resident parent.

(3)

The definition of “departure direction” was inserted by paragraph 2 of Schedule 3 to the Child Support (Northern Ireland) Order 1995

(4)

Articles 18 and 19 were substituted respectively by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998

(5)

Article 9 was amended by paragraph 4(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), Schedule 6 to the Tax Credits Act 1999 (c. 10) and Schedule 7 to the Social Security (Northern Ireland) Order 1998

(6)

Article 43(5) was amended by paragraph 10 of Schedule 3 to the Child Support (Northern Ireland) Order 1995 and paragraph 28(3) of Schedule 6 to the Social Security (Northern Ireland) Order 1998

(8)

Regulation 29 was amended by regulation 4(5) of S.R. 1995 No. 19, regulation 8(10) of S.R. 1995 No. 162, regulation 3(18) of S.R. 1995 No. 475 and regulation 2(13) of S.R. 1999 No. 167

(9)

Regulation 3(7) was inserted by regulation 7(4)(b) of S.R. 1995 No. 162 and amended by regulation 7(2) of S.R. 1995 No. 475

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