The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

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

7.  In regulation 7B of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) (date from which a decision superseded under Article 19 of the Child Support Order takes effect) after paragraph (17) there shall be inserted the following paragraphs –

“(17A) Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance calculation was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be a person with care in relation to that qualifying child.

(17B) Where a superseding decision is made in a case to which regulation 6A(3) applies, and the relevant circumstance is that there is a further qualifying child in respect of the non-resident parent and the person with care to whom the maintenance calculation being superseded relates, the superseding decision shall take effect from –

(a) subject to sub-paragraph (b), the first day of the maintenance period in respect of the maintenance calculation in force, following –

(i) where an effective application is made under Article 19(1) of the Child Support Order by the non-resident parent, the date on which that application is made, or

(ii) where the application made under Article 19(1) of that Order is made by the person with care, the date of notification to the non-resident parent of that application;

(b) the first day of the maintenance period in respect of the maintenance calculation in force where the date set out in head (i) or (ii) falls on the first day of that maintenance period.

(17C) For the purposes of paragraph (17B) –

(a) in sub-paragraph (a)(i), an application is effective if, were it an application for a maintenance calculation, it would comply with regulation 3(1) of the Maintenance Calculation Procedure Regulations;

(b) in sub-paragraph (a)(ii), notification to the non-resident parent shall take the same form in respect of an application for a supersession as it would in regulation 5 of the Maintenance Calculation Procedure Regulations, in respect of an application for a maintenance calculation.”.

(1)

S.R. 1999 No. 162; regulation 7B was inserted by regulation 2(8) of S.R. 2001 No. 23 and amended by regulation 6(4) of S.R. 2002 No. 164