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

Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability

29.—(1) This regulation applies where a variation has been agreed to in relation to a maintenance calculation.

(2) In the circumstances set out in paragraph (3), the Department may take account of the effect of such a variation upon the rate of liability for child support maintenance notwithstanding the fact that an application has not been made.

(3) The circumstances are—

(a) that the decision as to the maintenance calculation is superseded under Article 19 of the Order(1) on a change of circumstances so that the non-resident parent becomes liable to pay child support maintenance at the nil rate, or another rate which means that the variation cannot be taken into account; and

(b) that the superseding decision referred to in sub-paragraph (a) is itself superseded under Article 19 of the Order on a change of circumstances so that the non-resident parent becomes liable to pay a rate of child support maintenance which can be adjusted to take account of the variation.

(1)

Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I.10)) and amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000