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The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations (Northern Ireland) 2014

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for existing cases under the statutory child support maintenance scheme that are not subject to the new calculation rules.

The new calculation rules are the provisions in Schedule 1 to the Child Support (Northern Ireland) Order 1991 (“the Child Support Order”) as amended by the Child Maintenance Act (Northern Ireland) 2008 (“the 2008 Act”). The calculation rules that applied to an existing case before the new rules came into operation continue to apply.

Regulation 3 makes provision for the power in paragraph 1 of Schedule 2 to the 2008 Act to be exercised in accordance with a scheme prepared by the Department. The scheme must provide for a transition period’s end date. The scheme can be revised by the Department.

Regulation 4 provides that the scheme prepared by the Department must make provision for the exercise of the power in stages and lists the principles that must be applied in making such provision.

Regulation 5 provides that at a time determined in accordance with the scheme, the parties to the case must be notified of the date on which liability in the existing case will end and by which they must choose whether to remain in the statutory child support maintenance scheme. The choice to remain in the statutory child support maintenance scheme is to be exercised by way of a new application for a calculation of child support maintenance. Paragraph (7) makes provision for when a notice under this regulation can be withdrawn.

Regulation 6 provides for the meaning of “liability end date” referred to in regulation 5 which is also the date by which an interested party must choose whether to remain in the statutory child support maintenance scheme. The notice period will be no fewer than 30 days where a case is related to a new application and between 180-272 days in all other cases. Where a case becomes related to a new application after a notice has been issued, the Department may revise the liability end date to at least 30 days’ notice.

Regulation 7 provides for the application of the Child Support Order, and regulations made under it, to an application made under regulation 5, and a calculation made in response to an application under regulation 5, as if it were an application made under Article 7 of that Order. The exception to this is that the maintenance calculation made in response to the application under regulation 5 is to be calculated by reference to the information applicable at the date the absent parent or non-resident parent is notified of the application but the effective date will be the day after the liability end date. There is also provision for any references to a maintenance calculation (or maintenance assessment) in relation to deduction from earnings orders and regular deductions from accounts to be treated as a continuation of the maintenance calculation (or maintenance assessment) for which liability ends under regulation 6.

Regulation 8 provides for the treatment of an existing case where no calculation of maintenance has yet been made. If the choice to stay in the statutory scheme is not exercised the application may be treated as withdrawn.

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