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The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 10) Order (Northern Ireland) 2003

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Statutory Rules of Northern Ireland

2003 No. 92 (C. 7)

FAMILY LAW

CHILD SUPPORT

The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 10) Order (Northern Ireland) 2003

Made

24th February 2003

The Department for Social Development, in exercise of the powers conferred on it by section 68(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation

1.  This Order may be cited as the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 10) Order (Northern Ireland) 2003.

Amendment of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order

2.  For Article 6 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003(2) (appointed day for the coming into operation of section 22, and an associated repeal) there shall be substituted the following Article–

Appointed day for the coming into operation of section 22, and an associated repeal

6.(1) The day appointed for the coming into operation of the provisions of the Act specified in paragraph (2) for the purposes of cases specified in paragraph (3) is–

(a)as respects any case specified in paragraph (3)(a) where, before 3rd March 2003, relevant maintenance is paid or payable–

(i)where 3rd March 2003 is the day on which the maintenance calculation in relation to that case takes effect, 3rd March 2003,

(ii)where the maintenance calculation in relation to that case takes effect on a day later than 3rd March 2003, that later day;

(b)as respects any other case specified in paragraph (3)(a), 3rd March 2003;

(c)as respects any case which is specified in paragraph (3)(b)–

(i)where 3rd March 2003 is the case conversion date in relation to that case, 3rd March 2003,

(ii)where a day later than 3rd March 2003 is the case conversion date in relation to that case, that later day;

(d)as respects any case specified in paragraph (3)(c) which is referred to–

(i)in paragraph (a) of Article 4, the day on which the claim for the benefit mentioned in that paragraph is made,

(ii)in paragraph (b) of that Article, the day on which the Department is notified that the authorisation mentioned in sub-paragraph (iii) of that paragraph is withdrawn,

(iii)in paragraph (c) of that Article, 3rd March 2003;

(e)as respects any case which is specified in sub-paragraph (d) of paragraph (3), the day on which the maintenance referred to in that sub-paragraph is first paid.

(2) The provisions mentioned in paragraph (1) are–

(a)section 22 (abolition of the child maintenance bonus); and

(b)Part I of Schedule 9 in so far as it relates to the repeal of Article 4 of the Child Support (Northern Ireland) Order 1995(3) and section 67 in so far as it relates to that repeal.

(3) The cases mentioned in paragraph (1) are–

(a)cases referred to in sub-paragraph (a) of Article 3(1);

(b)cases referred to in sub-paragraph (b) or (c) of Article 3(1);

(c)cases referred to in paragraph (a), (b) or (c) of Article 4;

(d)cases to which sub-paragraphs (a) to (c) do not apply where, on or after 3rd March 2003, relevant maintenance is first paid.

(4) For the purposes of sub-paragraph (d) of paragraph (3), a case shall not be regarded as one to which that sub-paragraph does not apply by reason only of the fact that relevant maintenance was paid or payable before 3rd March 2003–

(a)in respect of the care of a different child;

(b)under an earlier agreement; or

(c)by virtue of an earlier order of the court.

(5) In this Article–

“case conversion date” means the date which is, by virtue of regulation 15 of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(4), the case conversion date in relation to that case;

“relevant maintenance” means maintenance, other than child support maintenance, which is paid or payable–

(a)

to a person who has the care of the child in the United Kingdom;

(b)

in respect of the care of the child; and

(c)

under an agreement (whether enforceable or not) between that person and the person by whom the maintenance is payable, or by virtue of an order of the court..

Sealed with the Official Seal of the Department for Social Development on 24th February 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Order.)

This Order substitutes Article 6 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003 which provides for the coming into operation of section 22 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, and an associated repeal, for the purposes of different categories of cases where child support and other forms of maintenance have been, or become, payable in respect of a child.

This Order does not impose any new costs on business.

Note as to Earlier Commencement Orders

(This note is not part of the Order.)

The following provisions of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 have been brought into operation by earlier commencement orders as from the dates shown.

ProvisionDate of CommencementS.R. Number
Section 1 (partially)22.11.002000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Section 2 (partially)7.2.03 and 3.3.032003 No. 53 (C. 4)
Sections 3 to 6 (partially)22.11.002000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Section 7 (partially)22.11.00 and 1.1.012000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Section 8 (partially)3.3.032003 No. 53 (C. 4)
Sections 9 and 10 (partially)22.11.002000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Section 1115.2.012000 No. 406 (C. 21)
Section 12 (partially)3.3.032003 No. 53 (C. 4)
Sections 13 to 1531.1.012000 No. 406 (C. 21)
Section 16 (partially)22.11.002000 No. 358 (C. 16)
2.4.012000 No. 406 (C. 21)
Sections 17 to 20 (partially)22.11.002000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Section 21(1) and (2)31.1.012000 No. 406 (C. 21)
Section 21(3) (partially)22.11.002000 No. 358 (C. 16)
31.1.012000 No. 406 (C. 21)
Section 21(4)3.3.032003 No. 53 (C. 4)
Section 22 (partially)3.3.032003 No. 53 (C. 4)
Section 24 (partially)22.11.002000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Section 25 (partially)22.11.00 and 1.1.012000 No. 358 (C. 16)
31.1.012000 No. 406 (C. 21)
2.4.012001 No. 141 (C. 8)
3.3.032003 No. 53 (C. 4)
Section 26 (partially)22.11.00 and 1.1.012000 No. 358 (C. 16)
Section 28 (partially)22.11.002000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Sections 29 and 308.1.012000 No. 358 (C. 16)
1.2.01 and 6.4.022001 No. 34 (C. 1)
Section 318.1.012000 No. 358 (C. 16)
9.4.012001 No. 34 (C. 1)
Section 328.1.012000 No. 358 (C. 16)
1.2.012001 No. 34 (C. 1)
Section 338.1.012000 No. 358 (C. 16)
1.2.01 and 6.4.022001 No. 34 (C. 1)
Section 368.1.012000 No. 374 (C. 18)
Section 3722.11.002000 No. 358 (C. 16)
Section 381.12.00 and 1.1.012000 No. 374 (C. 18)
Sections 43 and 441.3.02 and 1.4.022002 No. 68 (C. 5)
Section 45 (partially)1.3.02 and 1.4.022002 No. 68 (C. 5)
Section 461.3.02 and 1.4.022002 No. 68 (C. 5)
Section 471.12.002000 No. 374 (C. 18)
Section 48 (partially)1.1.012000 No. 374 (C. 18)
Section 491.12.002000 No. 374 (C. 18)
Section 50 (partially)1.3.022002 No. 68 (C. 5)
Section 5123.7.012001 No. 249 (C. 12)
Section 52 (partially)22.11.002000 No. 358 (C. 16)
1.1.01 and 12.2.012000 No. 374 (C. 18)
2.4.012001 No. 141 (C. 8)
Section 58 (partially)22.11.002000 No. 358 (C. 16)
2.4.012001 No. 141 (C. 8)
Sections 59 and 60 (partially)22.11.002000 No. 358 (C. 16)
2.7.012001 No. 141 (C. 8)
Section 612.7.012001 No. 249 (C. 12)
Section 62 (partially)22.11.002000 No. 358 (C. 16)
1.10.012001 No. 249 (C. 12)
Sections 63 and 6422.11.002000 No. 358 (C. 16)
Sections 65 and 6623.3.02 and 15.4.022002 No. 118 (C. 8)
Section 67 (partially)22.11.002000 No. 358 (C. 16)
1.12.00 and 1.1.012000 No. 374 (C. 18)
9.4.012001 No. 34 (C. 1)
2.4.01 and 2.7.012001 No. 141 (C. 8)
1.3.02 and 1.4.022002 No. 68 (C. 5)
15.4.022002 No. 118 (C. 8)
3.3.032003 No. 53 (C. 4)
Schedules 1 and 2 (partially)22.11.002000 No. 358 (C. 16)
3.3.032003 No. 53 (C. 4)
Schedule 3 (partially)22.11.00 and 1.1.012000 No. 358 (C. 16)
31.1.012000 No. 406 (C. 21)
2.4.012001 No. 141 (C. 8)
3.3.032003 No. 53 (C. 4)
Schedule 4 (partially)8.1.012000 No. 358 (C. 16)
1.2.01 and 6.4.022001 No. 34 (C. 1)
Schedule 5 (partially)22.11.002000 No. 358 (C. 16)
1.1.01 and 12.2.012000 No. 374 (C. 18)
2.4.012001 No. 141 (C. 8)
Schedule 6 (partially)22.11.002000 No. 358 (C. 16)
2.4.012001 No. 141 (C. 8)
Schedule 7 (partially)22.11.002000 No. 358 (C. 16)
2.7.012001 No. 141 (C. 8)
Schedule 823.3.02 and 15.4.022002 No. 118 (C. 8)
Schedule 9 (partially)22.11.002000 No. 358 (C. 16)
1.12.00 and 1.1.012000 No. 374 (C. 18)
9.4.012001 No. 34 (C. 1)
2.4.01 and 2.7.012001 No. 141 (C. 8)
1.3.02 and 1.4.022002 No. 68 (C. 5)
15.4.022002 No. 118 (C. 8)
3.3.032003 No. 53 (C. 4)

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