The Child Support (Variations) Regulations (Northern Ireland) 2001

Special expenses—payments in respect of certain mortgages, loans or insurance policies

14.—(1) Subject to regulation 15, the payments to which paragraph (2) applies shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order.

(2) This paragraph applies to payments, whether made to the mortgagee, lender, insurer or the person with care—

(a) in respect of a mortgage or loan where—

(i) the mortgage or loan was taken out to facilitate the purchase of, or repairs or improvements to, a property (“the property”) by a person other than the non-resident parent;

(ii) the payments are not made under a debt incurred by the non-resident parent or do not arise out of any other legal liability of his for the period in respect of which the variation is applied for;

(iii) the property was the home of the applicant and the person with care when they were a couple and remains the home of the person with care and the qualifying child, and

(iv) the non-resident parent has no legal or equitable interest in and no charge or right to have a charge over the property, or

(b) of amounts payable in respect of a policy of insurance taken out for the discharge of a mortgage or loan referred to in sub-paragraph (a), including an endowment policy, except where the non-resident parent is entitled to any part of the proceeds on the maturity of that policy.