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

Cases to which this Part applies

30.  This Part applies to cases where—

(a) on 4th April 1993, and at all times thereafter until the date when a maintenance calculation is made under the Order there was in force, in respect of one or more of the qualifying children in respect of whom an application for a maintenance calculation is made or treated as made under the Order and the non-resident parent concerned, one or more—

(i) maintenance orders;

(ii) orders under section 151 of the Army Act 1955(1) (deductions from pay for maintenance of wife or child) or section 151 of the Air Force Act 1955(2) (deductions from pay for maintenance of wife or child) or arrangements corresponding to such an order and made under Article 1 or 3 of the Naval and Marine Pay and Pensions (Deductions for Maintenance) Order 1959(3), or

(iii) maintenance agreements (being agreements which are made or evidenced in writing), and

(b) either—

(i) the non-resident parent was on the effective date of the maintenance calculation and continues to be a member of a family, as defined in regulation 1(2) of the Maintenance Calculations and Special Cases Regulations which includes one or more children, or

(ii) the amount of child support maintenance payable under the maintenance calculation referred to in paragraph (a) is a basic or reduced rate under paragraph 7 of Part I of Schedule 1 to the Order (shared care—basic and reduced rate), and

(c) the calculation amount exceeds the old amount.

(1)

1955 c. 18; section 151 was amended by section 18 of the Armed Forces Act 1976 (c. 52), section 11 of the Armed Forces Act 1981 (c. 55), section 108(4) of the Children Act 1989 (c. 41), section 14 of the Armed Forces Act 1991 (c. 62) and S.I. 1993/785 and 1995/756

(2)

1955 c. 19; section 151 was amended by section 18 of the Armed Forces Act 1976 (c. 52), section 11 of the Armed Forces Act 1981 (c. 55), section 108(4) of the Children Act 1989 (c. 41), section 14 of the Armed Forces Act 1991 (c. 62) and S.I. 1993/785 and 1995/756

(3)

This Order in Council is not a statutory instrument but copies may be obtained from the Ministry of Defence Naval Pay (Pensions and Conditions of Service) Branch, Old Admiralty Building, Spring Gardens, London SW1A 2BE