PART 3AMENDMENTS OF SECONDARY LEGISLATION
CHAPTER 2CHILD SUPPORT
Amendment of the Child Support Maintenance Calculation Regulations41
1
The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012154 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;
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.
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;