The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Explanatory Note

(This note is not part of the Order)

The powers exercised to make these Regulations are those contained in the Child Support (Northern Ireland) Order 1991 (“the Order”). Some of those powers are conferred by provisions of the Order prior to the amendments made to it by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the 2000 Act”), some of which amendments are not fully in operation, and relate to the child support scheme which was in operation prior to 3rd March 2003, and which remains in operation for the purposes of certain cases (“the old scheme”). Other powers are conferred by provisions of the Order as amended by the 2000 Act, which relate to the child support scheme provided for by those amendments, which came into operation for the purposes of specified categories of cases on 3rd March 2003 (see the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003) (“the new scheme”). These Regulations also exercise powers inserted into the Order by the Child Maintenance Act (Northern Ireland) 2008.

Regulation 2 amends regulation 29A of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 to insert new paragraphs (8) and (9). The effect of this is to enable the effective date of a maintenance assessment to be aligned with the first day of the maintenance period of a maintenance calculation or assessment that has previously been, but has ceased to be, in force in relation to the non-resident parent. This amendment applies to the old scheme.

Regulation 3 amends the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 (“the Collection and Enforcement Regulations”).

Regulation 3(2)(a) amends regulation 3 of the Collection and Enforcement Regulations to make provision omitting a voluntary deduction from earnings arrangement from the methods of payment which may be specified by the Department. The Department will be able to specify a deduction from earnings order (“an order”) as a standard method of payment. Paragraph (2)(b) makes a consequential amendment.

Regulation 3(2)(c) inserts new paragraphs (3) to (9) in regulation 3 of the Collection and Enforcement Regulations. Provision is made for certain matters to be considered before the Department decides that an order is an appropriate method for the collection of maintenance. For example, matters which are and which are not to be taken into account, and the circumstances which are to be regarded as existing, when determining whether there is good reason not to use that method of payment. The period of time during which an order may not be specified as a method of collection is also provided for. The regulation makes provision which allows the Department to make an order where it considers it is appropriate in the circumstances of the case, unless it has specified an order as a method of payment. These amendments apply to the old scheme and the new scheme.

Regulation 3(3) amends regulation 11 of the Collection and Enforcement Regulations to insert new paragraphs (5) to (8). These paragraphs set out how the protected earnings rate is to be calculated where a liable person has more than one employer, and the Department makes a deduction from earnings order against that person in respect of more than one employer. This paragraph also makes provision for a case where a liable person has more than one employer and has shown good reason not to make a deduction from earnings order in respect of one of those employers. These amendments apply to the old scheme.

Regulation 3(4) amends regulation 22 of the Collection and Enforcement Regulations inserting new paragraphs (2A), (3A) and (5). Inserted paragraph (2A) provides that an appeal against a decision to make a deduction from earnings order is to be made within 28 days of the date on which that decision is given or sent to the liable person, where the liable person is a resident of the United Kingdom, and within 56 days where the liable person is not a resident of the United Kingdom. Inserted paragraph (3A) provides that a liable person may appeal against the decision of the Department that the exclusion required by regulation 3(3) (that a deduction from earnings order is not to be used as a method of payment where there is good reason not to use it) does not apply. Inserted paragraph (5) provides that where the magistrates' court is satisfied that an appeal should be allowed, it is to refer the case to the Department to specify the method of payment. These amendments apply to both the old and new schemes.

Regulation 4 amends regulation 3A of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to add new paragraphs (7) and (8). Inserted paragraph (7) extends the categories of case to which Article 18 of the Order applies to a decision of the Department not to make a maintenance calculation. This amendment applies to the new scheme.

Regulation 5 amends the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 to insert regulation 28B. This has the same effect as regulation 2 but in relation to the new scheme.

Regulation 6 amends paragraph 6(3) of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 to omit the words “made in anticipation of the calculation of profits” from that paragraph so that, where a person receives a commission or bonus as part of his earnings, that commission or bonus does not have to be made in anticipation of the calculation of profits to be taken into account under that paragraph for the purposes of calculating net income. This amendment applies to the new scheme.

Regulation 7 amends the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (“the Transitional Provisions Regulations”) by removing sub-paragraph (b)(ii) of regulation 15(3A). This means that child support cases will no longer be converted in accordance with regulation 15(2) of the Transitional Provisions Regulations if a maintenance calculation is made with respect to a person with care who is living with someone who is a person with care in relation to a maintenance assessment. This amendment is consequential upon the repeal of Article 4 of the Child Support (Northern Ireland) Order 1995, which will abolish the Child Maintenance Bonus.