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The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 1) Order 2016

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Transitional and savings provision

2.—(1) The amendment of Article 7 (child support maintenance) of the Child Support (Northern Ireland) Order 1991 by virtue of the commencement of the provisions referred to in Article 3(5)(a) of this Order does not have effect in relation to a case which is an existing case.

(2) An existing case is a case for which there is—

(a)a maintenance assessment in force,

(b)a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force,

(c)an application for a maintenance assessment which has been made but not determined, or

(d)an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.

(3) For the purposes of this article—

“maintenance assessment” and “maintenance calculation” have the same meaning as in Article 2(2) of the Child Support (Northern Ireland) Order 1991(1);

“new calculation rules” means the rules in Part 1 of Schedule 1 (calculation of child support maintenance) to that Order as amended by paragraph 2 of Schedule 1 (calculation by reference to gross weekly income) to the Child Maintenance Act (Northern Ireland) 2008(2).

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