The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

Decisions involving issues that arise on appeal in other cases

28.—(1) For the purposes of Article 28ZA(2)(b)(1)—

(a) a case in which there is no maintenance calculation in force is a prescribed case; and

(b) the prescribed basis on which the Department may make the decision is as if—

(i) the appeal in relation to the different matter, which is referred to in Article 28ZA(1)(b) had already been determined, and

(ii) for the purposes of making that decision, the appeal had been determined in a way that resulted in the lowest possible amount of child support maintenance in the circumstances of that case being payable.

(2) The circumstances prescribed under Article 28ZA(4)(c) are that the Department—

(a) certifies in writing that an appeal against that decision is being considered; and

(b) considers that, if such an appeal were to be determined in a particular way—

(i) there would be no liability for child support maintenance, or

(ii) such liability would be less than would be the case were an appeal not made.

(1)

Article 28ZA was inserted by Article 43 of the Social Security (Northern Ireland) Order 1998 and is amended by paragraph 19(b) of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008