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

Staging under the scheme N.I.

4.—(1) The scheme prepared by the Department must make provision for the exercise of the power in paragraph 1(1) of Schedule 2 to the 2008 Act in stages, applying the principles in paragraphs (2) to (4).

(2) Where an application is made under Article 7(1) of the Child Support Order during the transition period the power is to be exercised in relation to any existing case that is related to that application.

(3) The power is not to be exercised in relation to an existing case where the youngest, or only, qualifying child will have reached the age of 20 before the end of the transition period unless that case is related to an application referred to under paragraph (2).

(4) Cases other than those to which either paragraphs (2) or (3) apply, are to be selected in tranches and, in making that selection priority may be given to cases where—

(a) the nil rate is payable under regulation 26 (cases where child support maintenance is not to be payable) of the 1992 Regulations M1 ;

(b) regulation 28 (amount payable where absent parent is in receipt of income support or other prescribed benefit) of the 1992 Regulations M2 applies;

(c) the nil rate is payable under regulation 5 (nil rate) of the Child Support (Maintenance Calculations and Special Cases) Regulations ( Northern Ireland) 2001 M3 .

Marginal Citations

M1 Regulation 26 was amended by regulation 9(13) of S.R. 1995 No. 162 and regulation 4(12) of S.R. 1998 No. 8

M2 Regulation 28 was amended by regulation 5(10) of S.R. 1993 No. 164, regulation 2(2) of S.R. 1993 No.191, regulation 21(3) of S.R. 1996 No. 289, regulation 4(13) of S.R. 1998 No. 8 and regulation 18(4) of S.R. 2008 No. 286

M3 S.R. 2001 No. 18; regulation 5 was amended by regulation 6(4) of S.R. 2003 No. 469, regulation 7(2) of S.R. 2004 No. 428, regulation 26(4) of S.R. 2008 No. 286 and regulation 7 of S.R. 2009 No. 133