The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008

Citation and commencement

1.  These Regulations may be cited as the Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

2.—(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 F1 are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (2), omit the definition of “direction”; and

(b) omit paragraph (3) F2 .

(3) In regulation 2 (applications under Article 7 or 9 of the Order)—

(a) in the heading, omit “or 9”; and

(b) in paragraph (2), omit “under Article 9 of the Order or”.

(4) In regulation 16(8)(a) F3 (revision of decisions), omit “a reduced benefit direction or”.

(5) In regulation 19(11)(a) F4 (supersession of decisions), omit “a reduced benefit direction or”.

(6) In regulation 22 F5 (date from which a superseding decision takes effect), omit paragraphs (15) to (18).

(7) In regulation 29(1) F6 (effective dates of new maintenance assessments), omit “or 9”.

(8) In regulation 31 F7 (cancellation of a maintenance assessment), omit “or (3)”.

(9) Omit regulations 33 to 48.

(10) In Schedule 2 (no maintenance assessment in force: more than one application for a maintenance assessment by the same person under Article 7 or 9 or under Articles 7 and 9 of the Order)—

(a) in paragraph (1)—

(i) in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii) in sub-paragraph (1), omit “or 9”, and

(iii) omit sub-paragraph (2);

(b) in paragraph 2 F8 (no maintenance assessment in force: applications by different persons for a maintenance assessment)—

(i) in sub-paragraph (2), omit “or 9”, and

(ii) omit sub-paragraph (5); and

(c) omit paragraph 4 (maintenance assessment in force: subsequent application for a maintenance assessment under Article 9 of the Order).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S.R. 1992 No. 340; which is revoked with savings by regulation 29 of S.R. 2001 No. 17

F2 Paragraph (3) was amended by regulation 3(2) of S.R. 1995 No. 475, regulation 20(2)(b)(ii) of S.R. 1996 No. 289 and regulation 2(2) of S.R. 2003 No. 469

F3 Regulation 16 was substituted by regulation 2(12) of S.R. 1999 No. 167

F4 Regulation 19 was substituted by regulation 2(12) of S.R. 1999 No. 167

F5 Regulation 22 was substituted by regulation 2(12) of S.R. 1999 No. 167. Paragraph (17) was amended by Article 8(4) of S.R. 1999 No. 246 (C. 20)

F6 Regulation 29(1) was amended by regulation 4(5) of S.R. 1995 No. 19, regulation 8(10)(a) of S.R. 1995 No. 162 and regulation 3(18) of S.R. 1995 No. 475

F7 Regulation 31 was amended by regulation 2(15) of S.R. 1999 No. 167

F8 Paragraph 2 was amended by regulation 2(26)(a) of S.R. 1999 No. 167

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations

3.  In regulation 46(2)(b) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 F9 (special case — departure direction having effect from date earlier than effective date of current assessment), omit “or treated as made”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9 S.R. 1996 No. 541; regulation 46(2)(b) was amended by regulation 9(22) of S.R. 1998 No. 8

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

4.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 F10 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “relevant person”F11 , omit “, or has been treated as applied for under Article 9(3) of the Child Support Order”.

(3) In regulation 3A F12 (revision of child support decisions)—

(a) in paragraph (3), for “13, 14 or 43” substitute “ 13 or 14 ”; and

(b) in paragraph (6), for “14, 19 or 43” substitute “ 14 or 19 ”.

(4) In regulation 7B F13 (date from which a decision superseded under Article 19 of the Child Support Order takes effect)—

(a) omit paragraphs (11) to (15); and

(b) in paragraph (20)(a), omit “, or treated as made under Article 9(3) of that Order,”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F10 S.R. 1999 No. 162

F11 The definition of “relevant person” was inserted by regulation 2(2)(e) of S.R. 2001 No. 23

F12 Regulation 3A was inserted by regulation 2(4) of S.R. 2001 No. 23. The relevant amending provision is regulation 6(2)(b) of S.R. 2002 No. 164

F13 Regulation 7B was inserted by regulation 2(8) of S.R. 2001 No. 23

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations

5.—(1) The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 F14 are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (1), for “1(2), 3, 4 and 18” substitute “ 1(2) and 4 ”; and

(b) in paragraph (2), in the definition of—

(i) “notice of a maintenance application”, omit “, or treated as made,”, and

(ii) “relevant person”, omit “or has been treated as applied for under Article 9(3) of the Order,”.

(3) In regulation 5(1) F15 (notice of an application for a maintenance calculation), omit “or an application is treated as made under Article 9(3) of the Order, as the case may be,” and “, or is treated as having made,”.

(4) In regulation 6(1)(death of qualifying child), omit “or has been treated as made”.

(5) Omit regulations 8 to 20.

(6) In regulation 24 F16 (effective dates of maintenance calculations)—

(a) in paragraph (1), omit “, or treated as made under Article 9(3) of the Order, as the case may be,”; and

(b) omit paragraph (3)(b) and the word “or” immediately before it.

(7) Omit regulation 26 F17 (effective dates of maintenance calculations — maintenance order and application under Article 9).

(8) In regulation 27(b) F18 (effective dates of maintenance calculations — maintenance order ceases), omit “or 26 as the case may be”.

(9) In regulation 28 F19 (effective dates of maintenance calculations in specified cases)—

(a) in paragraph (1), omit “, or treated as made under Article 9(3) of the Order”;

(b) in paragraph (1)(a), (c) and (d), omit “except where the parent with care has made a request under Article 9(5) of the Order,”;

(c) omit paragraph (2); and

(d) omit paragraph (3)(b) and the word “and” immediately before it.

(10) In regulation 30 F20 (transitional provision — effective dates and reduced benefit decisions)—

(a) in the heading, omit “and reduced benefit decisions”;

(b) in paragraph (1), omit “or is treated as made under Article 9(3) of the Order,”;

(c) in paragraph (1B)(b), omit “or an application for a maintenance calculation is treated as made under the Order”; and

(d) omit paragraphs (3) to (7).

(11) In Schedule 2 (no maintenance calculation in force: more than one application for a maintenance calculation by the same person under Article 7 or 9 or under Articles 7 and 9 of the Order)—

(a) in paragraph 1—

(i) in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii) in sub-paragraph (1), omit “or 9”, and

(iii) omit sub-paragraph (2);

(b) in paragraph 2 (no maintenance calculation in force: applications by different persons for a maintenance calculation)—

(i) in sub-paragraph (2), omit “or is treated as made under Article 9 of the Order,”, and

(ii) omit sub-paragraph (4); and

(c) in paragraph 3 (maintenance calculation in force: subsequent application with respect to the same persons), omit “or treated as made, as the case may be,”.

(12) In Schedule 3 F21 (no maintenance assessment or calculation in force: more than one application for maintenance by the same person under Article 7 or 9 or under Articles 7 and 9 of the former Order and of the Order)—

(a) in paragraph 1—

(i) in the heading, omit “or 9 or under Articles 7 and 9”,

(ii) in sub-paragraph (1), omit “or is treated as making, as the case may be,” and “or 9”, and

(iii) omit sub-paragraph (2);

(b) in paragraph 2 (no maintenance assessment or calculation in force: applications by different persons for maintenance)—

(i) in sub-paragraph (2), omit “, or is made under Article 9 of the former Order, or is treated as made under Article 9 of the Order,”, and

(ii) omit sub-paragraph (4); and

(c) in paragraph 3 (maintenance assessment in force: subsequent application with respect to the same persons), in sub-paragraph (b) omit “or treated as made”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14 S.R. 2001 No. 17

F15 Regulation 5(1) was amended by regulation 8(2) of S.R. 2003 No. 84

F16 Regulation 24 was amended by regulation 8(4) of S.R. 2003 No. 84

F17 Regulation 26 was amended by regulation 7(5) of S.R. 2002 No. 164

F18 Regulation 27(b) was amended by regulation 7(6) of S.R. 2002 No. 164

F19 Regulation 28 was amended by regulation 7(7) of S.R. 2002 No. 164, regulation 8(5) of S.R. 2003 No. 84 and regulation 6(2) of S.R. 2004 No. 428

F20 Regulation 30 was amended by regulation 7(8) of S.R. 2002 No. 164, regulation 8(7) of S.R. 2003 No. 84 and regulation 6(3) of S.R. 2004 No. 428

F21 Schedule 3 was added by regulation 8(8) of S.R. 2003 No. 84

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations

6.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 F22 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), in sub-paragraph (a)(ii) of the definition of “relevant week”, omit “, or treated as made, as the case may be,”.

(3) In regulation 8(1)(a) F23 (persons treated as non-resident parents), omit “or treated as made”.

(4) In regulation 11(1)(a) (non-resident parent liable to pay maintenance under a maintenance order), omit “or treated as made, as the case may be,”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F22 S.R. 2001 No. 18

F23 Regulation 8(1)(a) was amended by regulation 9(3) of S.R. 2003 No. 84

Amendment of the Child Support (Transitional Provisions) Regulations

7.—(1) In the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 F24 , omit “or treated as made” in each place it occurs in the following regulations—

(a) 3(1)(b) (decision and notice of decision);

(b) 11(3)(a) F25 (transitional amount—basic, reduced and most flat rate cases);

(c) 15(3C)(b) F26 (case conversion date);

(d) 25(2)(a) (maximum transitional amount);

(e) 28(1), (2), (2A) F27 , (3), (5A) F28 , (7A) F29 and (9) F30 (linking provisions); and

(f) 30(a) (cases to which this Part applies).

(2) In regulation 28(7) F31 , omit “, or treated as made,”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F24 S.R. 2001 No. 19

F25 Regulation 11(3)(a) was inserted by regulation 10(5)(b) of S.R. 2003 No. 84

F26 Regulation 15(3C)(b) was inserted by regulation 10(6)(c) of S.R. 2003 No. 84

F27 Paragraph (2A) was inserted by regulation 9(15)(b) of S.R. 2002 No. 164

F28 Paragraph (5A) was inserted by regulation 9(15)(e) of S.R. 2002 No. 164

F29 Paragraph (7A) was inserted by regulation 9(15)(g) of S.R. 2002 No. 164 and amended by regulation 10(12) of S.R. 2003 No. 84

F30 Paragraph (9) was inserted by regulation 9(15)(i) of S.R. 2002 No. 164

F31 Regulation 28(7) was amended by regulation 9(15) of S.R. 2002 No. 164 and regulation 10(12) of S.R. 2003 No. 84

Amendment of the Child Support (Variations) Regulations

8.—(1) The Child Support (Variations) Regulations (Northern Ireland) 2001 F32 are amended as follows.

(2) In regulation 19(1)(a) (income not taken into account and diversion of income), omit “or treated as applied for”.

(3) In regulation 20(1)(a) and (2) (life-style inconsistent with declared income), omit “or treated as applied for”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F32 S.R. 2001 No. 20

Amendment of the Child Support (Voluntary Payments) Regulations

9.  In regulation 1(2) of the Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001 F33 (citation, commencement and interpretation), in the definition of “relevant person”, omit “, or has been treated as applied for, under Article 9(3) of the Order,”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F33 S.R. 2001 No. 21

Revocation

10.  The statutory provisions specified in the Schedule are revoked to the extent specified there.

Sealed with the Official Seal of the Department for Social Development on 2nd October 2008

L.S.

John O'Neill

A senior officer of the

Department for Social Development