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The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005

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Article 2(5)

SCHEDULE 5Transitory provisions relating to child support

Transitory provisions

1.  In this Schedule—

“the Act” means the Civil Partnership Act 2004(1);

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

“the 1991 Order” means the Child Support (Northern Ireland) Order 1991(3) before its amendment by the 2000 Act;

“maintenance assessment” has the same meaning as it has in Article 2(2) of the 1991 Order (interpretation) as read with any regulations in operation under that Article;

“an old scheme case” means any type of case which is not one in relation to which 3rd March 2003 is the day appointed for the coming into operation of Part I and section 67 (so far as it relates to Part I of Schedule 9) of, and Schedules 1 to 3 and Part I of Schedule 9 to, the 2000 Act in so far as they are not already in operation in relation to that type of case.

2.—(1) This paragraph applies to an old scheme case, until the day on which Part I and section 67 (so far as it relates to Part I of Schedule 9) of, and Schedules 1 to 3 and Part I of Schedule 9 to, the 2000 Act in so far as they are not already in operation in relation to that type of case come into operation in relation to that type of case.

(2) Where this paragraph applies, paragraph 44(7) to (11) of Schedule 15 to the Act (duration of continuing orders in favour of children, and age limit on making certain orders in their favour) shall apply as if—

(a)in sub-paragraphs (7)(a), (9), (10) and (11), for “maintenance calculation” (in each place where it occurs) there were substituted “maintenance assessment”,

(b)in sub-paragraphs (7)(a) and (b) and (8)(b), for “current calculation” there were substituted “current assessment”,

(c)in sub-paragraph (8)(b), for—

(i)“maintenance calculations” there were substituted “maintenance assessments”, and

(ii)“those calculations” there were substituted “those assessments”,

(d)in sub-paragraph (9)—

(i)in paragraph (a), after “ceases to have effect” there were inserted “or is cancelled”,

(ii)in paragraph (b), after “ceased to have effect” there were inserted “or was cancelled”, and

(iii)after “ceased to have effect or” there were inserted “, or as the case may be, the date with effect from which it was cancelled”,

(e)after sub-paragraph (10), there were inserted the following sub-paragraph—

(10A) Where the maintenance assessment was cancelled, the relevant date is the later of—

(a)the date on which the person who cancelled it did so; and

(b)the date from which the cancellation first had effect.;

(3) Where this paragraph applies, paragraph 55(1) to (5) of Schedule 15 to the Act (power to direct when variation etc. is to take effect) shall apply as if in—

(a)sub-paragraphs (1)(c), (2)(a), and (2)(c), for “maintenance calculation” there were substituted “maintenance assessment”;

(b)sub-paragraph (1), for “the calculation” (in each place where it occurs) there were substituted “the assessment”;

(4) Where this paragraph applies, paragraph 27(10) to (14) of Schedule 16 to the Act (age limit on making orders for financial provision for children and duration of such orders) shall apply as if—

(a)in sub-paragraphs (10)(a), (12), (13) and (14), for “maintenance calculation” (in each place where it occurs) there were substituted “maintenance assessment”;

(b)in sub-paragraphs (10)(a) and (b) and (11)(b), for “current calculation” there were substituted “current assessment”;

(c)in sub-paragraph (11)(b), for—

(i)“maintenance calculations” there were substituted “maintenance assessments”, and

(ii)“those calculations” there were substituted “those assessments”,

(d)in sub-paragraph (12)—

(i)in paragraph (a), after “ceases to have effect” there were inserted “or is cancelled”, and

(ii)in paragraph (b), after “ceased to have effect” there were inserted “or was cancelled”,

(iii)for “the relevant date” there were substituted “the date on which that maintenance calculation ceased to have effect, or as the case may be, the date with effect from which it was cancelled”;

(e)after sub-paragraph (13), there were inserted the following sub-paragraph—

(13A) Where the maintenance assessment was cancelled, the relevant date is the later of—

(a)the date on which the person who cancelled it did so; and

(b)the date from which the cancellation first had effect.;

(5) Where this paragraph applies, paragraph 33(1) to (3) of Schedule 16 to the Act (power to specify when order as varied is to take effect) shall apply as if in—

(a)sub-paragraphs (1)(c) and (2)(a) and (c), for “maintenance calculation” there were substituted “maintenance assessment”,

(b)sub-paragraph (1), for “the calculation” (in each place where it occurs) there were substituted “the assessment”.

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