Statutory Rules of Northern Ireland

2003 No. 45

SOCIAL SECURITY

FAMILY LAW

CHILD SUPPORT

The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2003

Made

30th January 2003

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Articles 18(4) and 48(4) of the Child Support (Northern Ireland) Order 1991(1), and now vested in it(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation in relation to a particular case on the date on which Article 18 of the Child Support (Northern Ireland) Order 1991, as amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(3), comes into operation in relation to that type of case.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

2. In regulation 5A of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(4) (date from which a decision revised under Article 18 of the Child Support Order takes effect)–

(a)in paragraph (2) for sub-paragraph (b) there shall be substituted the following sub-paragraph–

“(b)the total amount of child support maintenance which would be fixed for the relevant period by the decision which is treated as a decision made under Article 13 of the Child Support Order is greater than the total amount of child support maintenance which was fixed for that period by the decision made under Article 14(1) of that Order (whether as originally made, or as revised or superseded under Article 18 or 19 of that Order respectively, or decided on appeal).”; and

(b)after paragraph (2) there shall be added the following paragraph–

“(3) For the purposes of paragraph (2)(b), “the relevant period” means the period during which the decision under Article 14(1) of the Child Support Order (whether as originally made, or as revised or superseded under Article 18 or 19 of that Order respectively, or decided on appeal) applied.”.

Sealed with the Official Seal of the Department for Social Development on 30th January 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend regulation 5A of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (which provides for the date from which a decision revised under Article 18 of the Child Support (Northern Ireland) Order 1991 is to take effect) by substituting paragraph (2)(b) of that regulation to clarify the operation of that regulation and adding a definition for the purposes of that paragraph.

These Regulations do not impose a charge on business.

(1)

S.I. 1991/2628 (N.I. 23); Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

2000 c. 4 (N.I.)

(4)

S.R. 1999 No. 162; regulation 5A was inserted by regulation 2(6) of S.R. 2001 No. 23