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;