The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2014

Statutory Instruments

2014 No. 1423

Family Law

Child Support

The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2014

Made

3rd June 2014

Laid before the House of Commons

9th June 2014

Coming into force

30th June 2014

The Secretary of State for Work and Pensions, in exercise of the powers conferred by section 87(4) and (9) of the Northern Ireland Act 1998(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2014 and shall come into force on 30th June 2014.

Amendment of the Northern Ireland Regulations

2.—(1) The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993(2) are amended as follows.

(2) In regulation 2(1), for “1A, 1B and 1C” substitute “1A, 1B, 1C and 1D”.

(3) After Schedule 1C (Exchange of Letters) insert Schedule 1D as set out in the Schedule to these Regulations.

Signed by authority for the Secretary of State for Work and Pensions

Steve Webb

Minister of State

Department of Work and Pensions

3rd June 2014

Regulation 2(3)

SCHEDULE 1 SCHEDULE TO BE INSERTED INTO THE CHILD SUPPORT (NORTHERN IRELAND RECIPROCAL ARRANGEMENTS) REGULATIONS 1993

Regulation 2(1)

“SCHEDULE 1D EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGEMENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect in Great Britain to amendments made to reciprocal arrangements relating to matters for which provision is made by the Child Support Act 1991 and, in Northern Ireland, by the Child Support (Northern Ireland) Order 1991.

These amendments make provision so that, where the 2012 calculation rules apply to a child support case, the case will be dealt with in and under the provision of the territory in which the applicant resides until certain requirements are met. In all cases, the requirements are that: the application is taken to have been made; the address of the non-resident parent in relation to that application has been ascertained and verified; and, where the applicant resides in Great Britain, any application fee must have been paid or waived. An additional requirement must be satisfied in two scenarios. Firstly, where there is an existing case (that is a 1993 or 2003 scheme case) linked to the new application, any liability end date must have passed (that is, the date determined as the date beyond which no further liability accrues in relation to the existing case in accordance with regulations made in the relevant territory). Secondly, where the application is a choice to remain in the statutory scheme, made following the parties in an existing case being required to choose whether or not to remain in the statutory scheme, the liability end date must have passed. Where these requirements are met and the non-resident parent resides in a different jurisdiction from the applicant, the case will be transferred to the territory in which the non-resident parent resides and the provisions applying in that territory will apply.

The amendments are contained in the Exchange of Letters between the Minister of State for the Department for Work and Pensions and the Minister for Social Development set out in the Schedule to the Regulations.

An impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

(1)

1998 c.47.

(2)

S.I.1993/584; amending instruments are S.I. 1995/3261, 2002/771 and 2012/2380.