The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability

74.—(1) This regulation applies where—

(a) a variation that has been agreed to has ceased to have effect in relation to the weekly amount of the non-resident parent’s liability for child support maintenance because—

(i) the non-resident parent has become liable to pay child support maintenance at the nil rate, or another rate which means that the variation cannot be taken into account, or

(ii) the decision as to the maintenance calculation has been replaced with a default maintenance decision under Article 14(1)(b)(1); and

(b) the non-resident parent has subsequently become liable to pay a rate of child support maintenance which can be adjusted to take account of the variation by virtue of a decision under Article 18(1B) or 19.

(2) Where this regulation applies and the Department is satisfied, on the information or evidence available, that there has been no material change of circumstances relating to the variation since the date from which the variation ceased to have effect, the Department may, when making the decision referred to in paragraph (1)(b), take into account the effect of the variation upon the amount of liability for child support maintenance notwithstanding the fact that an application has not been made.

(1)

Article 14(1) was substituted by paragraph 12(1) of Schedule 6 to Social Security (Northern Ireland) Order 1998