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The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

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Amendment of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations

4.  After regulation 8 of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992(1) (maintenance calculations and maintenance orders made in error) there shall be inserted the following regulation –

Maintenance calculations and maintenance orders – payments

8A.  Where –

(a)a maintenance calculation has been made with respect to a qualifying child in response to an application made under Article 7 of the Order(2);

(b)at the time that maintenance calculation was made a maintenance order was in force with respect to that child;

(c)the maintenance order has ceased to have effect by virtue of the provisions of regulation 3(3); and

(d)the non-resident parent had made payments of maintenance due under that order after the date on which the maintenance calculation took effect in accordance with regulation 25 of the Maintenance Calculation Procedure Regulations(4),

the payments made under the maintenance order shall be treated as payments of child support maintenance..

(1)

S.R. 1992 No. 466; relevant amending regulations are S.R. 1995 No. 162, S.R. 1998 No. 8 and S.R. 2001 No. 16

(2)

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and Schedule 7 to the Social Security (Northern Ireland) Order 1998 and is amended by sections 1(2) and 2 of, and paragraphs 11 and 13 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(3)

Regulation 3 was amended by regulation 7(4)(a) of S.R. 1995 No. 162, regulation 7 of S.R. 1998 No. 8 and is amended by regulation 3(3) and (5) of S.R. 2001 No. 16

(4)

Regulation 25 was amended by regulation 7(4) of S.R. 2002 No. 164. The definition of “Maintenance Calculation Procedure Regulations” is substituted for the definition of “Maintenance Assessment Procedure Regulations” in regulation 1(2) of S.R. 1992 No. 466 by regulation 3(4) of S.R. 2001 No. 16

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