Search Legislation

The Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order (Northern Ireland) 2012

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2012 No. 440 (C. 45)

Family Law

Child Support

The Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order (Northern Ireland) 2012

Made

6th December 2012

The Department for Social Development makes the following Order in exercise of the power conferred by section 41(1) and (2) of the Child Maintenance Act (Northern Ireland) 2008(1).

Citation and interpretation

1.—(1) This Order may be cited as the Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order (Northern Ireland) 2012.

(2) In this Order—

“the 2000 Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(2);

the Act” means the Child Maintenance Act (Northern Ireland) 2008;

“new calculation rules” means Part 1 of Schedule 1 to the Child Support Order as amended by the provisions specified in Article 2(1).

(3) In this Order, subject to paragraph (5)—

“maintenance calculation”, “non-resident parent”, “person with care” and “qualifying child” have the meanings given in the Child Support Order(3);

“absent parent” and “maintenance assessment” have the meanings given in the Child Support Order before its amendment by the 2000 Act.

(4) In this Order, a reference to an existing case is to a case in which there is—

(a)a maintenance assessment in force;

(b)a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force;

(c)an application for a maintenance assessment which has been made but not determined; or

(d)an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.

(5) In this Order—

(a)a reference to a non-resident parent includes reference to a person who is—

(i)alleged to be the non-resident parent for the purposes of an application for child support maintenance under the Child Support Order, or

(ii)treated as the non-resident parent for the purposes of that Order; and

(b)a reference to an absent parent includes reference to a person who is—

(i)alleged to be the absent parent for the purposes of an application for child support maintenance under the Child Support Order, or

(ii)treated as the absent parent for the purposes of that Order.

Appointed day

2.—(1) The day appointed for the coming into operation of the following provisions of the Act, for the purposes of those types of cases falling within Article 3—

(a)sections 9 and 10 (power to regulate supersession and determination of applications for a variation)

(b)in Schedule 1 (changes to the calculation of maintenance) paragraphs 2, 3 and 5 to 10, and section 8 and paragraph 1 of Schedule 1 so far as relating to those paragraphs;

(c)in paragraph 1 of Schedule 4 (minor and consequential amendments) sub-paragraphs (4) and (25), and section 38(1) and paragraph 1(1) of Schedule 4 so far as relating to those sub-paragraphs;

(d)in Schedule 5 (repeals) the repeals relating to—

(i)Schedule 1 to the Child Support (Northern Ireland) Order 1991(4), and

(ii)the Civil Partnership Act 2004(5),

and section 39 so far as it relates to those repeals,

in so far as not already in operation, is 10th December 2012.

(2) The day appointed for the coming into operation of—

(a)sections 23 and 24 (power to accept part payment of arrears in full and final satisfaction and to write off arrears); and

(b)section 26 (meaning of “child”),

of the Act, in so far as not already in operation, is 10th December 2012.

Cases to which the new calculation rules apply

3.—(1) The types of cases falling within this Article, for the purposes of Article 2(1), are those cases satisfying any of paragraphs (2) to (4).

(2) A case satisfies this paragraph where—

(a)an application under Article 7 of the Child Support Order(6) (child support maintenance) is made to the Department on or after 10th December 2012;

(b)that application is made in respect of at least four qualifying children with the same person with care and the same non-resident parent; and

(c)subject to paragraph (5), there is no existing case which has both the same person with care and the same non-resident parent referred to in sub-paragraph (b).

(3) A case satisfies this paragraph where it is an existing case and—

(a)the non-resident parent, in a case falling within paragraph (2), is also the non-resident parent or absent parent in relation to the existing case; and

(b)the person with care in relation to the existing case is not the person with care in relation to the case falling within paragraph (2).

(4) A case satisfies this paragraph where it is an existing case and—

(a)the non-resident parent or absent parent (“A”) is a partner of a non-resident parent in a case falling within paragraph (2) (“B”); and

(b)A or B is in receipt of a prescribed benefit.

(5) Where—

(a)the applicant in relation to an existing case makes a request to the Department under Article 7(5) of the Child Support Order to cease acting; and

(b)a further application is made under Article 7 of that Order in relation to the same qualifying child, person with care and non-resident parent on or after 10th December 2012, but before the expiry of 13 weeks from the date of cessation of action by the Department,

the case is to be treated as an existing case (and so is not a case that satisfies paragraph (2)).

(6) For the purposes of paragraphs (2)(a) and (5)(b), the date an application is made is—

(a)where made by telephone, the date it is made; and

(b)where made by post, the date of receipt by the Department.

(7) For the purposes of paragraph (4)—

“partner” has the meaning given in paragraph 10C(4) of Schedule 1 to the Child Support Order (as substituted by Schedule 1 to the 2000 Act);

“prescribed benefit” means a benefit prescribed, or treated as prescribed, for the purposes of paragraph 4(1)(c) of Schedule 1 to the Child Support Order (as substituted by Schedule 1 to the 2000 Act).

(8) For the purposes of paragraph (5)(b), the date of cessation of action by the Department is—

(a)where there is a maintenance assessment or maintenance calculation in force, the date on which the liability under that assessment or calculation ends as a result of the request to cease acting;

(b)where there is an application still to be determined, the date notified to the person with care as the date on which the Department has ceased acting.

Transitional provision for existing cases

4.  Where a case falls within Article 3(3) or (4), the provisions of the Child Support Order continue to apply—

(a)as they were in operation immediately before the coming into operation of the provisions in Article 2(1) in relation to that case;

(b)until the maintenance calculation made in response to the application referred to in Article 3(2)(a) takes effect.

Transitional provision when making maintenance calculation

5.  For the period beginning on and including 10th December 2012 and ending on the date on which the new calculation rules come into operation for all purposes the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(7) shall be read as if—

(a)in regulation 33(2) (general rule for determining gross weekly income) after sub-paragraph (b) there were added—

or

(c)HMRC is unable, for whatever reason, to provide the required information.; and

(b)in regulation 68(5) (non-resident parent with unearned income) after sub-paragraph (b) there were added—

or

(c)HMRC is unable, for whatever reason, to provide the information,.

Sealed with the Official Seal of the Department for Social Development on 6th December 2012

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order brings into operation the following provisions of the Child Maintenance Act (Northern Ireland) 2008—

  • for the purpose of applying new rules for calculating child support maintenance in the types of case falling within Article 3—

    • sections 9 and 10;

    • paragraphs 2, 3 and 5 to 10 of Schedule 1, and section 8 and paragraph 1 of Schedule 1 so far as relating to those paragraphs;

    • minor amendments in Schedule 4, and section 38(1) and paragraph 1(1) of Schedule 4 so far as relating to those amendments; and

    • consequential repeals in Schedule 5, and section 39 so far as relating to those repeals; and

  • sections 23, 24 and 26,

in so far as not already in operation, on 10th December 2012.

Article 4 makes transitional provision so that the new calculation rules only apply to an existing case from the date the calculation made in response to the new application takes effect.

Article 5 makes transitional provision to allow a non-resident parent’s gross weekly income to be calculated on the basis of his current income if HMRC is for any reason unable to provide historic income information in relation to the non-resident parent.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Child Maintenance Act (Northern Ireland) 2008 have been brought into operation by earlier commencement orders as from the dates shown.

ProvisionDate of CommencementS.R. No.
Sections 1 to 65th December 20082008/489 (C.29)
Section 7 (partially)14th July 20082008/291 (C.15)
27th October 20082008/399 (C.22)
Section 9 (partially)3rd December 20122012/423 (C.43)
Section 12 (partially)29th September 20082008/399 (C.22)
27th October 20082008/399 (C.22)
Sections 14 and 15 (partially)1st June 20092009/216 (C.13)
3rd August 20092009/216 (C.13)
Section 1620th December 20102010/416 (C.24)
Section 22 (partially)26th November 20092009/380 (C.28)
25th January 20102009/380 (C.28)
Sections 23, 24 and 26
(partially)3rd December 20122012/423 (C.43)
Section 27 (partially)29th September 20082008/399 (C.22)
27th October 20082008/399 (C.22)
Section 283rd December 20122012/423 (C.43)
Section 2926th November 20092009/380 (C.28)
Section 323rd December 20122012/423 (C.43)
Section 335th August 20082008/331 (C.17)
Section 341st November 20082008/419 (C.24)
Section 3514th July 20082008/291 (C.15)
Section 37 (partially)9th July 20082008/291 (C.15)
Section 38 (partially)9th July 20082008/291 (C.15)
27th October 20082008/399 (C.22)
1st November 20082008/419 (C.24)
1st June 2009 and 3rd August 20092009/216 (C.13)
3rd December 20122012/423 (C.43)
Section 39 (partially)27th October 20082008/399 (C.22)
1st November 20082008/419 (C.24)
1st June 20092009/216 (C.13)
3rd December 20122012/423 (C.43)
Section 40 (partially)9th July 20082008/291 (C.15)
Schedule 1 (partially)3rd December 20122012/423 (C.43)
Schedule 31st November 20082008/419 (C.24)
Schedule 4 (partially)14th July 20082008/291 (C.15)
27th October 20082008/399 (C.22)
1st November 20082008/419 (C.24)
1st June 2009 and 3rd August 20092009/216 (C.13)
3rd December 20122012/423 (C.43)
Schedule 5 (partially)14th July 20082008/291 (C.15)
5th August 20082008/331 (C.17)
27th October 20082008/399 (C.22)
1st November 20082008/419 (C.24)
1st June 20092009/216 (C.13)
3rd December 20122012/423 (C.43)
(3)

The definition of “maintenance calculation” is substituted by paragraph 12(e) of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and the term “non-resident parent” is substituted by paragraph 11 of that Schedule

(6)

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995 No. 2702 (N.I. 13)), Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998 No. 1506 (N.I. 10), sections 1(2) and 2 of, and paragraphs 11 and 13 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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources