The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003

The effective date

8.—(1) For the purposes of this Order “the effective date” means, in relation to any case, the date which would be the effective date of a maintenance assessment under regulation 29 (effective dates of new maintenance assessments) or 32(7) (maintenance periods) of the Assessment Procedure Regulations(1) or regulation 3(4), (6) or (7) of the Arrangements and Jurisdiction Regulations(2) (relationship between maintenance assessments and certain court orders), whichever would apply to the case in question, or would have applied had the effective date not fallen to be determined under regulation 8C (effective date of an interim maintenance assessment) or 29A (effective dates of new maintenance assessments in particular cases) of the Assessment Procedure Regulations(3); and paragraphs (2) and (3) shall apply in relation to the application of those Regulations for this purpose.

(2) In the application of the Assessment Procedure Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, those Regulations shall be applied as if references in regulation 29 –

(a) to the date when the maintenance enquiry form was given or sent to the absent parent were references to the date on which the absent parent is first notified by the Department (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent, and

(b) to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were references to the provision of this information by the absent parent.

(3) In the application of the Arrangements and Jurisdiction Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(7) of the Arrangements and Jurisdiction Regulations shall be applied as if the reference to the date when the maintenance enquiry form was given or sent to the absent parent were to the date on which the absent parent is first notified by the Department (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent.

(1)

Regulation 29 was amended by regulation 8(10) of S.R. 1995 No. 162, regulation 3(18) of S.R. 1995 No. 475 and regulation 2(13) of S.R. 1999 No. 167 and regulation 32(7) was added by regulation 3(22)(b) of S.R. 1995 No. 475

(2)

Paragraph (4) was amended by regulation 7(2) of S.R. 1995 No. 475, paragraph (6) was added by regulation 3 of S.R. 1995 No. 19 and paragraph (7) was added by regulation 7(4)(b) of S.R. 1995 No. 162 and amended by regulation 7(2) of S.R. 1995 No. 475

(3)

Regulation 8C was inserted by regulation 3(3) of S.R. 1995 No. 475 and amended by regulation 2(6) of S.R. 1999 No. 167 and regulation 29A was inserted by regulation 3(19) of S.R. 1995 No. 475 and amended by regulation 2(5) of S.R. 1996 No. 590, regulation 3(7) of S.R. 1998 No. 8 and regulation 2(14) of S.R. 1999 No. 167