The Social Security (Child Maintenance Premium) (Amendment) Regulations (Northern Ireland) 2004

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Child Maintenance Premium) (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation in accordance with paragraphs (2) and (3).

(2) This regulation and regulation 4 shall come into operation on 16th February 2004.

(3) Regulations 2 and 3 shall come into operation—

(a) in relation to any particular case in respect of which type of case section 22 of the Act(1) has before 16th February 2004 come into operation, on 16th February 2004;

(b) where sub-paragraph (a) does not apply, in relation to any particular case, on the date on which section 22 of the Act comes into operation in relation to that type of case;

(c) in relation to a person who, on or after 16th February 2004—

(i) makes a claim for income support or an income-based jobseeker’s allowance, and

(ii) on or after the date of that claim receives any payment of child maintenance made voluntarily,

on 16th February 2004; or

(d) in relation to a person who—

(i) on 16th February 2004 is entitled to income support or an income-based jobseeker’s allowance, and

(ii) on or after 16th February 2004 receives any payment of child maintenance made voluntarily and that payment is the first payment of child maintenance received by that person while he is entitled to income support or an income-based jobseeker’s allowance,

on 16th February 2004 if a payment referred to in head (ii) is made on that day, or on the day on which such a payment is received where it is received after 16th February 2004.

(4) In this regulation –

“the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(2);

“the Order” means the Child Support (Northern Ireland) Order 1991(3);

“child maintenance” shall have the same meaning as that prescribed for the purposes of section 72A of the Social Security Administration (Northern Ireland) Act 1992(4);

“an income-based jobseeker’s allowance” has the meaning given by Article 3(4) of the Jobseeker’s (Northern Ireland) Order 1995(5);

“payment of child maintenance made voluntarily” means any payment of child maintenance other than such a payment made—

(a)

under a court order;

(b)

under a maintenance assessment made under the Order prior to its amendment by the Act or under a maintenance calculation made under the Order after its amendment by the Act;

(c)

under an agreement for maintenance;

(d)

in accordance with Article 28J of the Order(6) (voluntary payments); or

(e)

by the Department in lieu of child maintenance, including any payment made by the Department under section 26 of the Act (temporary compensation payment scheme).

(5) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Assembly.

(1)

See Article 6 of S.R. 2003 No. 53 (C. 4), as substituted by Article 2 of S.R. 2003 No. 92 (C. 7)

(2)

2000 c. 4 (N.I.)

(3)

S.I. 1991/2628 (N.I. 23)

(4)

1992 c. 8; section 72A was inserted by Article 18 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

(5)

The definition of “an income-based jobseeker’s allowance” was amended by paragraph 3(4)(a) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(6)

Article 28J was inserted by section 19(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(7)

1954 c. 33 (N.I.)