2007 No. 347
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007
Approved by resolution of the Assembly on 22nd October 2007
Made
Coming into operation
Citation and commencement1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 and shall come into operation on 1st August 2007.
Amendment of the Child Support (Information, Evidence and Disclosure) Regulations2
1
The Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 19923 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) at the end insert—
“taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 20054.
3
In regulation 3(2)(h)5 (purposes for which information or evidence may be required) omit—
a
“total”; and
b
“as submitted to, or as issued to him by, the Board of Commissioners of Inland Revenue,”.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations3
1
Schedule 1 (calculation of N and M) to the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 19926 is amended as follows.
2
In paragraph 2A7 (earnings of a self-employed earner)—
a
in sub-paragraph (1) omit “2B”;
b
in sub-paragraph (2) omit “total” and “as submitted to the Inland Revenue,”;
c
in sub-paragraph (3) omit “total”; and
d
after sub-paragraph (4) insert the following sub-paragraphs—
5
For the purposes of this sub-paragraph, “taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.
6
A self-employed earner who is a person with care or an absent parent shall provide to the Department on demand a copy of—
a
any tax calculation notice issued to him by Her Majesty’s Revenue and Customs; and
b
any revised notice issued to him by Her Majesty’s Revenue and Customs.
3
Omit paragraph 2B8.
4
For paragraph 2C substitute—
2C
Where the Department accepts that it is not reasonably practicable for a self-employed earner to provide any of the information specified in paragraph 2A(6), “earnings” in relation to that earner shall be calculated in accordance with paragraph 3.
5
In paragraph 3(4)(b) omit sub-heads (i), (iii), (iv), (v) and (vii).
Amendment of the Child Support (Collection and Enforcement) Regulations4
1
The Child Support (Collection and Enforcement) Regulations (Northern Ireland) 199210 are amended as follows.
2
In regulation 22 (appeals against deduction from earnings orders), for paragraph (2) substitute—
2
Any appeal shall be made within, either—
a
28 days of the date on which the matter appealed against arose, where the liable person is resident in the United Kingdom; or
b
56 days of the date on which the matter appealed against arose, where the liable person is not resident in the United Kingdom.
3
In regulation 2611 (notice of intention to apply for a liability order)—
a
at the beginning of paragraph (1) insert “Subject to paragraph (1A),”;
b
after paragraph (1) insert—
1A
Where the liable person is not resident in the United Kingdom, the Department shall give the liable person at least 28 days’ notice of its intention to apply for a liability order under Article 33(2) of the Order.
4
In regulation 31(1)12 (disqualification from driving order), omit “having jurisdiction for the area in which the liable person resides”.
Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations5
1
The Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 200113 is amended as follows.
2
In paragraph 7 (figures submitted to the Inland Revenue)—
a
for the title “Figures submitted to the Inland Revenue”, substitute “Net weekly income of non-resident parent as a self-employed earner”;
b
for sub-paragraph (1) substitute—
1
Subject to sub-paragraph (6) and to paragraph 8, the net weekly income of the non-resident parent as a self-employed earner shall be his gross earnings less the deductions to which sub-paragraph (3) applies.
c
after sub-paragraph (1) insert—
1A
In this paragraph and paragraph 8, a person’s “gross earnings” are his taxable profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.
d
for sub-paragraph (2) substitute—
2
The non-resident parent shall provide to the Department on demand a copy of—
a
any tax calculation notice issued to him by Her Majesty’s Revenue and Customs; and
b
any revised tax calculation notice issued to him by Her Majesty’s Revenue and Customs.
e
omit sub-paragraph (7).
3
In paragraph 8 (figures calculated using gross receipts less deductions)—
a
in sub-paragraph (1)—
i
in head (b) after “Inland Revenue” omit “or”, and
ii
omit head (c);
b
in sub-paragraph (3)(b) omit sub-heads (i), (iii), (iv), (v) and (vii).
Revocation6
Article 9(9)(c) and (f) of the Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 199914 is revoked.
Sealed with the Official Seal of the Department for Social Development on 27th July 2007
(This note is not part of the Regulations)