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The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016

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Amendment of the Child Support (Variations) Regulations

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23.  In regulation 11 of the Child Support (Variations) Regulations (Northern Ireland) 2001(1) (special expenses - illness or disability of relevant other child)—

(a)in paragraph (2)(a)—

(i)in head (i) after “disability living allowance” insert “, personal independence payment”,

(ii)at the end of head (ii) omit “or”,

(iii)after head (iii) insert—

or

(iv)he would receive personal independence payment but for regulations under Article 91(1) of the Welfare Reform (Northern Ireland) Order 2015 (hospital in-patients) and he remains part of the applicant’s family;, and

(iv)after the definition of “disability living allowance” insert—

(iia)“personal independence payment” means an allowance payable under Article 83 of the Welfare Reform (Northern Ireland) Order 2015 (daily living component);; and

(b)for paragraph (3) substitute—

(3) Where, at the date on which the non-resident parent makes the variation application—

(a)he or a member of his household has received, or at that date is in receipt of, or where he or the member of his household will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child; or

(b)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, a disability living allowance or personal independence payment is received by the non-resident parent or the member of his household on behalf of the relevant other child,

only the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the payment or allowance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order..

(1)

S.R. 2001 No. 20; regulation 11 was amended by regulation 8(3) of S.R. 2005 No. 125 and Article 21(2) of S.I. 2013/3021

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