The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016

Payments in place of payments of child support maintenance

11.—(1) This paragraph applies where the Department has determined that Article 40 of the Child Support Order(1) (contribution to maintenance by deduction from benefit), as it has effect apart from section 20 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(2), and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(3) (amount payable where absent parent is in receipt of income support or other prescribed benefit) apply in relation the claimant.

(2) Where this paragraph applies, the Department must, if satisfied that there is sufficient universal credit in payment (but subject to paragraphs 1, 4 and 5), determine that an amount is to be deducted from the claimant’s award for transmission to the person or persons entitled to receive that amount under or by virtue of the Child Support Order.

(3) Not more than one deduction may be made under this paragraph in relation to any assessment period.

(4) The amount of universal credit which may be deducted in relation to any assessment period and paid to a third party under this paragraph is to be an amount equal to 5 per cent. of the standard allowance.

(1)

Article 40 was amended by paragraph 25 of Schedule 6 to the Social Security (Northern Ireland) Order 1998.

(2)

2000 c. 4 (N.I.); section 20 amended Article 40 of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) in relation to certain cases only, see Article 3 of S.R. 2003 No. 53 (C. 4).

(3)

S.R. 1992 No. 341; 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.