The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001

Linking provisions

28.—(1) Where after the commencement date but before the conversion date, an application for a maintenance calculation is made or treated as made and within the relevant period a maintenance assessment was in force in relation to the same qualifying child, non-resident parent and person with care—

(a) the application shall be treated as an application for a maintenance assessment; and

(b) any maintenance assessment made in response to the application shall be an assessment to which regulations 9 to 28 apply.

(2) Where, after the conversion date, an application for a maintenance calculation is made or treated as made, and within the relevant period a maintenance assessment (“the previous assessment”) had been in force in relation to the same qualifying child, non-resident parent and person with care but had ceased to have effect—

(a) the amount of child support maintenance payable by the non-resident parent from the effective date of the maintenance calculation made in response to the application shall be calculated in the same way that a conversion calculation would have been made had the previous assessment been in force on the date the calculation is made; and

(b) the provisions of regulations 9 to 28 shall apply accordingly, including the application where appropriate of transitional amounts, phasing amounts and a transitional period, which for this purpose shall begin on the date which would have been the case conversion date in relation to the previous assessment.

(3) For the purposes of paragraphs (1) and (2) “the relevant period” means 13 weeks prior to the date that the application for the maintenance calculation is made or treated as made.

(4) This paragraph applies where—

(a) the non-resident parent is liable to pay child support maintenance of a transitional amount and there is, during the transitional period, a subsequent decision (in this regulation referred to as “the first subsequent decision”) as a result of which the non-resident parent is liable to pay child support maintenance at the first or second prescribed amount or the nil rate; and

(b) a second subsequent decision is made with an effective date no later than 13 weeks after the effective date of the first subsequent decision the effect of which would be that the non-resident parent would be liable to pay child support maintenance at other than the first or second prescribed amount or the nil rate.

(5) Where paragraph (4) applies the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the second subsequent decision shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision and, where appropriate, applying a phasing amount, as if the first subsequent decision had not occurred.

(6) This paragraph applies where during the transitional period a conversion calculation ceases to have effect.

(7) Where paragraph (6) applies and no later than 13 weeks after the conversion calculation ceases to have effect an application for child support maintenance is made, or treated as made, in relation to the same person with care, non-resident parent and qualifying child, the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the new maintenance calculation shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision in relation to the conversion calculation as if it had not ceased to have effect, and applying a phasing amount where appropriate.

(8) Where—

(a) a conversion calculation is in force and the amount of child support maintenance payable is the new amount which is a flat rate, other than a flat rate under paragraph 4(1)(a) of Part I of Schedule 1 to the Order(1) or the nil rate;

(b) after the case conversion date a subsequent decision is made;

(c) but for the application of this regulation the subsequent decision amount would be a basic or reduced rate of child support maintenance; and

(d) within 13 weeks prior to the effective date of the subsequent decision a maintenance assessment was in force in relation to the same non-resident parent, person with care and qualifying child, under which the amount payable by the non-resident parent (“the previous assessment”) was more than the amount prescribed for the purposes of paragraph 7 of Schedule 1 to the former Order,

the subsequent decision amount shall be calculated by making a subsequent decision in relation to the previous assessment as if the assessment were in force, and applying a phasing amount, where appropriate.

(1)

Part I was substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000