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

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Reduced benefit decisions where there is an additional qualifying child

17.—(1) Where a reduced benefit decision is in operation, or would be in operation but for the provisions of regulations 14 and 15, and the Department gives a further reduced benefit decision with respect to the same parent concerned in relation to an additional qualifying child of whom that parent is a parent with care, the earlier reduced benefit decision shall cease to be in force.

(2) Where a further reduced benefit decision comes into operation in a case falling within paragraph (1), the provisions of regulation 11 shall apply to it.

(3) Where—

(a)a reduced benefit decision (“the earlier decision”) has ceased to be in force by virtue of regulation 13(2); and

(b)the Department gives a further reduced benefit decision (“the further decision”) with respect to the same parent concerned where that parent falls within Article 43(1) of the Order,

as long as the further decision remains in force, no additional reduced benefit decision shall be brought into force with respect to that parent in relation to one or more children to whom the earlier decision was given.

(4) Where a case falls within paragraph (1) or (3) and the further decision, but for the provisions of this paragraph, would cease to be in force by virtue of the provisions of regulation 16, but the earlier decision would not have ceased to be in force by virtue of the provisions of regulation 16, the further reduced benefit decision shall remain in force for a period calculated in accordance with regulation 11.

(5) In this regulation “additional qualifying child” means a qualifying child of whom the parent concerned is a parent with care and who was either not such a qualifying child at the time the earlier decision was given or had not been born at the time the earlier decision was given.

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