8.—(1) The Child Support (Variations) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 6(2)(b)(iii) (rejection of an application following preliminary consideration) after “regulation 19(1)” there shall be inserted “or (1A)”.
(3) In regulation 11 (special expenses – illness or disability of relevant other child) for paragraph (3) there shall be substituted the following paragraph –
“(3) Where, at the date on which the non-resident parent makes the variation application –
(a)he or a member of his household has received, or at that date is in receipt of, or where he or the member of his household will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child; or
(b)a disability living allowance is received by the non-resident parent or the member of his household on behalf of the relevant other child,
only the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the allowance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order.”.
(4) In regulation 18(3)(2) (assets) for sub-paragraph (a) there shall be substituted the following sub-paragraph –
“(a)where the total value of the assets referred to in that paragraph does not exceed £65,000 after deduction of –
(i)the amount owing under any mortgage or charge on those assets;
(ii)the value of any asset in respect of which income has been taken into account under regulation 19(1A);”.
(5) In regulation 19 (income not taken into account and diversion of income) –
(a)after paragraph (1) there shall be inserted the following paragraph –
“(1A) Subject to paragraph (2), a case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Order where –
(a)the non-resident parent has the ability to control the amount of income he receives from a company or business, including earnings from employment or self-employment; and
(b)the Department is satisfied that the non-resident parent is receiving income from that company or business which would not otherwise fall to be taken into account under the Maintenance Calculations and Special Cases Regulations.”;
(b)for paragraph (2) there shall be substituted the following paragraph –
“(2) Paragraphs (1) and (1A) shall apply where –
(a)the income referred to in paragraph (1)(b) is net weekly income of over £100;
(b)the income referred to in paragraph (1A)(b) is over £100; or
(c)the aggregate of the net weekly income referred to in sub-paragraph (a) and the income referred to in sub-paragraph (b) is over £100,
as the case may be.”;
(c)in paragraph (4)(b) –
(i)after “Regulations” there shall be inserted “or paragraph (1A)”, and
(ii)the words “in order to reduce his liability to pay child support maintenance” shall be omitted; and
(d)in paragraph (5)(3) –
(i)after sub-paragraph (a) the word “and” shall be omitted, and
(ii)after sub-paragraph (b) there shall be added –
“; and
in a case to which paragraph (1A) applies, the additional income taken into account under regulation 25 shall be the whole of the income referred to in paragraph (1A)(b).”.
(6) In regulation 20(3) (life-style inconsistent with declared income) after sub-paragraph (a) there shall be inserted the following sub-paragraph –
“(aa)income which falls to be considered under regulation 19(1A) (income not taken into account);”.
S.R. 2001 No. 20; relevant amending regulations are S.R. 2002 No. 164
Regulation 18(3) was amended by regulation 10(4)(b) of S.R. 2002 No. 164
Paragraph (5) was amended by regulation 10(5) of S.R. 2002 No. 164