Effect of an application exercising the choice to remain in the statutory scheme
7.—(1) The Child Support Order and regulations made under that Order apply in relation to an application under regulation 5(5) as if it were an application made under Article 7(1) of that Order.
(2) Subject to paragraph (3), the Child Support Order and regulations made under that Order apply in relation to a maintenance calculation made in response to an application under regulation 5(5) as if it were a maintenance calculation made in response to an application made under Article 7(1) of that Order.
(3) Where an application under regulation 5(5) is made, the maintenance calculation made in response to that application is to be calculated by reference to the information applicable at the date the absent parent or non-resident parent is notified of that application but takes effect from the day after the liability end date.
(4) Where an application under regulation 5(5) is made in any given case, in Articles 31 and 32A of the Child Support Order(1), references to “the maintenance calculation in question” and “the calculation” (or “the maintenance assessment in question” or “assessment” where applicable) apply in relation to that particular case to the maintenance calculation made in response to that application as though it were a continuation of the maintenance calculation (or maintenance assessment) for which liability ceased to accrue in accordance with regulation 6.
Article 31 is amended by section 1(2) of the 2000 Act and Article 32A was inserted by section 14 of the Child Maintenance Act (Northern Ireland) 2008