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

Effective dates

22.—(1) Subject to paragraph (2), where the application for a variation is made in the circumstances referred to in Article 28A(3) of the Order(1) (before the Department has reached a decision under Article 13 or 14(1) of the Order(2)) and the application is agreed to, the effective date of the maintenance calculation which takes account of the variation shall be—

(a) where the ground giving rise to the variation existed from the effective date of the maintenance calculation as provided for in the Maintenance Calculation Procedure Regulations, that date; or

(b) where the ground giving rise to the variation arose after the effective date referred to in sub-paragraph (a), the first day of the maintenance period in which the ground arose.

(2) Where the ground for the variation applied for under Article 28A(3) of the Order is a ground in regulation 12 (prior debts) or 14 (special expenses-payments in respect of certain mortgages, loans or insurance policies) and payments falling within regulation 12 or 14 which have been made by the non-resident parent constitute voluntary payments for the purposes of Article 28J of the Order(3) and Regulations made under that Article, the date from which the maintenance calculation shall take account of the variation on this ground shall be the date on which the maintenance period begins which immediately follows the date on which the non-resident parent is notified under the Maintenance Calculation Procedure Regulations of the amount of his liability to pay child support maintenance.

(3) Where the ground for the variation applied for under Article 28A(3) of the Order has ceased to exist by the date when the maintenance calculation is made, that calculation shall take account of the variation for the period ending on the last day of the maintenance period in which the ground existed.

(1)

Article 28A was substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(2)

Articles 13 and 14 were substituted by sections 1(1) and 4 respectively of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(3)

Article 28J was inserted by section 19 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000