The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

PART 6

MEANING OF TERMS IN THE CHILD SUPPORT ORDER

Meaning of “child” for the purposes of the Child Support Order

75.  The prescribed condition for the purposes of Article 3(1)(1) is that the person is a qualifying young person as defined in section 138(2) of the Contributions and Benefits Act(2).

Relevant other child outside Northern Ireland

76.  For the purposes of paragraph 10C(2)(b) of Schedule 1 “relevant other child” includes a child, other than a qualifying child, in respect of whom the non-resident parent or the non-resident parent’s partner would receive child benefit, but in respect of whom they do not do so, solely because the conditions set out in section 142 of the Contributions and Benefits Act(3) are not met.

Persons who are not persons with care

77.—(1) The following categories of person are not persons with care for the purposes of the Child Support Order—

(a) an authority;

(b) a person with whom a child who is looked after by an authority is placed by that authority under the provisions of the Children Order, except where that person is a parent of such a child and the authority allow the child to live with that parent under Article 27(5) of that Order;

(2) In paragraph (1) “a child who is looked after by an authority” has the same meaning as in Article 25 of the Children Order(4).

(1)

Article 3 is substituted by section 26 of the Child Maintenance Act (Northern Ireland) 2008

(2)

Section 138 was substituted by section 2(2) of the Child Benefit Act 2005

(3)

Section 142 was substituted by section 56(2) of the Tax Credits Act 2002 and amended by paragraph 39 of Schedule 1 to the Child Benefit Act 2005

(4)

Article 25 was amended by section 2(1) of the Children (Leaving Care) Act (Northern Ireland) 2002