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The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

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This is the original version (as it was originally made).

Amendment of the Child Support Maintenance Calculation Regulations

This section has no associated Explanatory Memorandum

41.—(1) The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2 (interpretation)—

(a)after the definition of “the Contributions and Benefits Act” insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”, and

(b)for the definition of “contributory employment and support allowance” substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions,”.

(3) In regulation 43 (flat rate)—

(a)in paragraph (2)—

(i)at the end of paragraph (c) omit “and”, and

(ii)at the end of paragraph (d) insert “and”,

(iii)after paragraph (d) insert—

“(e)universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.”; and

(b)after paragraph (4) insert—

“(5) For the purposes of paragraph (2)(e) and regulation 44(1)(c) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(4) In regulation 44(1)(c) (nil rate)—

(a)at the end of paragraph (i) omit “or”; and

(b)after paragraph (ii) insert—

“(iii)in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv)in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income;”.

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