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The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019

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PART 1INTRODUCTION

Citation and commencement

1.—(1) These Regulations may be cited as the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 and subject to paragraph (2) shall come into operation on 05th July 2019.

(2) Regulation 5 shall come into operation on 24th July 2019.

PART 2AMENDMENTS RELATING TO DEDUCTIONS FROM BENEFITS

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) are amended as follows.

(2) In Schedule 8A (deductions from benefits and direct payments to third parties), omit paragraphs 7A (payments in place of payments of child support maintenance) and 7B (arrears of child support maintenance).

(3) In Schedule 8C (deductions from benefit in respect of child support maintenance and payment to persons with care)—

(a)In paragraph 1 (interpretation), in the definition of “maintenance”, for “paragraph 3” substitute “paragraph 3(1)”.

(b)In paragraph 3 (arrears)—

(i)in sub-paragraph (1)—

(aa)omit the words from “Except where” to “his partner”;

(bb)for “£1.20” substitute “£8.40”;

(cc)omit “, subject to sub-paragraph (2),”;

(ii)after sub-paragraph (1), insert—

(1A)No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.;

(iii)omit sub-paragraph (2).

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations

3.—(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(2) are amended as follows.

(2) In Schedule 5 (deductions from benefit and direct payment to third parties), omit paragraph 11.

(3) In Schedule 6 (deductions from benefit in respect of child support maintenance and payments to persons with care)—

(a)In paragraph 1, in the definition of “maintenance”—

(i)for “paragraph 3” substitute “paragraph 3(1)”;

(ii)for “paragraph 4(1)(b)” substitute “paragraph 4(1)(a), (b)”.

(b)In paragraph 3—

(i)in sub-paragraph (1)—

(aa)omit “Except where universal credit is awarded to the beneficiary,”;

(bb)for “£1.20” substitute “£8.40”;

(cc)omit “, subject to sub-paragraph (2),”;

(dd)for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or universal credit”;

(ii)after sub-paragraph (1), insert—

(1A)No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.;

(iii)omit sub-paragraph (2).

PART 3WRITE OFF OF ARREARS OF CHILD MAINTENANCE SUPPORT

Amendment of the Child Support (Management of Payments and Arrears) Regulations

4.—(1) The Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009(3) are amended as follows.

(2) In regulation 13F (circumstances in which the Department may exercise the power in Article 38E of the Order)—

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

(b)at end of paragraph (g) insert—

: or

(h)

the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 2016(4) (protected trust deed: discharge of debtor) from liability for the arrears.;

(3) In regulation 13G(2), after “13F(g)” insert—

, 13F(h).

PART 4INFORMATION

Amendment of the Child Support Information Regulations

5.—(1) The Child Support Information Regulations (Northern Ireland) 2008(5) are amended as follows.

(2) In regulation 4(2) (information from other persons), after sub-paragraph (k), insert—

;

(l)

a qualifying lender (within the meaning given in Article 14(7) of the Welfare Reform and Work (Northern Ireland) Order 2016(6));

(m)

a trustee or manager of an occupational pension scheme (within the meaning of section 1(1) of the Pensions Schemes (Northern Ireland) Act 1993(7))..

PART 5MAINTENANCE CALCULATION

Amendment of the Child Support Maintenance Calculation Regulations

6.—(1) The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(8) are amended as follows.

(2) In regulation 35(2) (historic income) substitute—

(2) The amount identified as income for the purposes of paragraph (1)(a) is to be taken after any deduction for relative pension contributions made by the non-resident parent’s employer in accordance with net pay arrangements..

PART 6COLLECTION FEE

Amendment of the Child Support Fees Regulations

7.—(1) The Child Support Fees Regulations (Northern Ireland) 2014(9) are amended as follows.

(2) In regulation 3(6) (collection fee), from “the payments” to the end, substitute “specifies that payments shall be made to, or through, the Department in accordance with regulation 2(b) of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992(10).”

Sealed with the Official Seal of the Department for Communities on 04th July 2019

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

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