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

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Persons of 16 or 17 years of age who are not in full-time non-advanced education

1.—(1) Subject to sub-paragraph (3), the conditions which must be satisfied for a person to be a child within Article 3(1)(c) of the Order are—

(a)the person is registered for work or for training under a relevant training scheme with—

(i)the Department of Higher and Further Education, Training and Employment;

(ii)the Ministry of Defence;

(iii)an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986(1);

(iv)for the purposes of applying Council Regulation (EEC) No. 1408/71(2), any corresponding body in another member State;

(b)the person is not engaged in remunerative work, other than work of a temporary nature that is due to cease before the end of the extension period which applies in the case of that person;

(c)the extension period which applies in the case of that person has not expired; and

(d)immediately before the extension period begins, the person is a child for the purposes of the Order without regard to this paragraph.

(2) For the purposes of sub-paragraph (1)(b), (c) and (d), the extension period—

(a)begins on the first day of the week in which the person would no longer be a child for the purposes of the Order but for this paragraph; and

(b)where a person ceases to fall within Article 3(1)(a) of the Order or within paragraph 5—

(i)on or after the first Monday in September, but before the first Monday in January of the following year, ends on the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii)on or after the first Monday in January but before the Monday following Easter Monday in that year, ends on the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii)at any other time of the year, ends on the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year.

(3) A person shall not be a child for the purposes of the Order under this paragraph if—

(a)he is engaged in training under a relevant training scheme; or

(b)he is entitled to income support or an income-based jobseeker’s allowance.

(1)

S.I. 1986/594 (N.I. 3); Article 3 was amended by Schedule 9 to the Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))

(2)

O.J. No. L149, 5.7.1971; Regulations (EEC) No. 1408/71 and No. 574/72 were restated in amended form in Council Regulation (EEC) No. 2001/83 (O.J. No. L230, 22.8.1983) and further amended by Council Regulations (EEC) Nos. 1660/85 (O.J. No. L160, 20.6.1985); 1661/85 (O.J. No. L160, 20.6.1985) and 3811/86 (O.J. No. L355, 16.12.1986); Commission Regulation (EEC) No. 513/86 (O.J. No. L51, 28.2.1986) and Articles 60 and 220 of, and Point 1, Part VIII of Annex 1 to the Act of Accession to the European Communities of Spain and Portugal

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