Statutory Rules of Northern Ireland

2001 No. 17

[F1FAMILY LAW

CHILD SUPPORT

The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001

Made

23rd January 2001

Approved by resolution of the Assembly on

29th May 2001

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by Articles 3, 4(3), 8(3), 14(4) and (5)(b), 43(2), (5), (8) and (10), 47 and 48(4) of, and paragraphs 11 and 14 of Schedule 1 to, the Child Support (Northern Ireland) Order 1991(1) and now vested in it(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Textual Amendments

Modifications etc. (not altering text)

Part IN.I.General

Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 and shall come into operation in relation to a particular case on the day on which sections [F21(2) and 4] of, and [F3paragraphs 12 and 27] of Schedule 3 to, the Act come into operation in relation to that type of case.

(2) In these Regulations—

“the Order” means the Child Support (Northern Ireland) Order 1991;

“the Children Order” means the Children (Northern Ireland) Order 1995(3);

“the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(4);

“date of notification to the non-resident parent” means the date on which the non-resident parent is first given notice of a maintenance application;

“effective application” means as provided for in regulation 3;

“date of receipt” means the day on which the information or document is actually received;

“effective date” means the date on which a maintenance calculation takes effect for the purposes of the Order;

“notice of a maintenance application” means notice by the Department under regulation 5(1) that an application for a maintenance calculation has been madeF4... in relation to which the non-resident parent is named as a parent of the child to whom the application relates;

“the Maintenance Calculations and Special Cases Regulations” means the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(5);

“maintenance period” has the same meaning as in Article 19(4A) of the Order(6);

“relevant person” means—

(a)

a person with care;

(b)

a non-resident parent;

(c)

a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations,

in respect of whom a maintenance calculation has been applied for, F5... or is or has been in force.

(3) The provisions in Schedule 1 shall have effect to supplement the meaning of “child” in Article 3 of the Order.

Textual Amendments

Commencement Information

I1Reg. 1 coming into operation in accordance with reg. 1(1)

DocumentsN.I.

2.  Except where otherwise stated, where—

(a)any document is given or sent to the Department, that document shall be treated as having been so given or sent on the day that it is received by the Department; and

(b)any document is given or sent to any other person, that document shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the day that it is posted.

Commencement Information

I2Reg. 2 coming into operation in accordance with reg. 1(1)

Part IIN.I.Applications for a Maintenance Calculation

Applications under Article 7 of the OrderN.I.

3.—(1) A person who applies for a maintenance calculation under Article 7 of the Order(7) need not normally do so in writing, but if the Department directs that the application be made in writing, the application shall be made either by completing and returning, in accordance with the Department’s instructions, a form provided for that purpose, or in such other written form as the Department may accept as sufficient in the circumstances of any particular case.

(2) An application for a maintenance calculation is effective if it complies with paragraph (1) and, subject to paragraph (4), is made on the date it is received.

(3) Where an application for a maintenance calculation is not effective the Department may request the person making the application to provide such additional information or evidence as the Department may specify and, where the application was made on a form, the Department may request that the information or evidence be provided on a fresh form.

(4) Where the additional information or evidence requested is received by the Department within 14 days of the date of its request, or at a later date in circumstances where the Department is satisfied that the delay was unavoidable, it shall treat the application as made on the date on which the earlier or earliest application would have been treated as made had it been effective.

(5) Where the Department receives the additional information or evidence requested by it more than 14 days from the date of the request and in circumstances where it is not satisfied that the delay was unavoidable, the Department shall treat the application as made on the date of receipt of the information or evidence.

(6) Subject to paragraph (7), a person who has made an effective application may amend or withdraw the application at any time before a maintenance calculation is made and such amendment or withdrawal need not be in writing unless, in any particular case, the Department requires it to be.

(7) No amendment made under paragraph (6) shall relate to any change of circumstances arising after the effective date of a maintenance calculation resulting from an effective application.

Commencement Information

I3Reg. 3 coming into operation in accordance with reg. 1(1)

Multiple applicationsN.I.

4.—(1) The provisions of Schedule 2 shall apply in cases where there is more than one application for a maintenance calculation.

(2) The provisions of paragraphs 1, 2 and 3 of Schedule 2 relating to the treatment of two or more applications as a single application shall apply where no request is received for the Department to cease acting in relation to all but one of the applications.

(3) Where, under the provisions of paragraph 1, 2 or 3 of Schedule 2, two or more applications are to be treated as a single application, that application shall be treated as an application for a maintenance calculation to be made with respect to all of the qualifying children mentioned in the applications, and the effective date of that maintenance calculation shall be determined by reference to the earlier or earliest application.

Commencement Information

I4Reg. 4 coming into operation in accordance with reg. 1(1)

Notice of an application for a maintenance calculationN.I.

5.—(1) Where an effective application has been made under Article 7 of the Order, F6... the Department shall as soon as is reasonably practicable notify, orally or in writing, the non-resident parent and any other relevant persons (other than the person who has madeF6... the application) of that application and request such information as it may require to make the maintenance calculation in such form and manner as it may specify in the particular case.

(2) Where the person to whom notice is being given under paragraph (1) is a non-resident parent, that notice shall specify the effective date of the maintenance calculation if one is to be made, and the ability to make a default maintenance decision.

(3) Subject to paragraph (4), a person who has provided information under paragraph (1) may amend the information he has provided at any time before a maintenance calculation is made and such information need not be in writing unless, in any particular case, the Department requires it to be.

(4) No amendment under paragraph (3) shall relate to any change of circumstances arising after the effective date of any maintenance calculation made in response to the application in relation to which the information was requested.

Textual Amendments

Commencement Information

I5Reg. 5 coming into operation in accordance with reg. 1(1)

Death of a qualifying childN.I.

6.—(1) Where the Department is informed of the death of a qualifying child with respect to whom an application for a maintenance calculation has been made F7..., it shall—

(a)proceed with the application as if it had not been made with respect to that child if the Department has not yet made a maintenance calculation;

(b)treat any maintenance calculation already made by the Department as not having been made if the relevant persons have not been notified of it and proceed with the application as if it had not been made with respect to that child.

(2) Where all of the qualifying children with respect to whom an application for a maintenance calculation has been made have died, and either the calculation has not been made or the relevant persons have not been notified of it, the Department shall treat the application as not having been made.

Textual Amendments

Commencement Information

I6Reg. 6 coming into operation in accordance with reg. 1(1)

Part IIIN.I.Default Maintenance Decisions

Default rateN.I.

7.—(1) Where the Department makes a default maintenance decision under Article 14(1) of the Order (insufficient information to make a maintenance calculation or to make a decision under Article 18 or 19 of the Order(8)) the default rate is as set out in paragraph (2).

(2) The default rate for the purposes of Article 14(5)(b) of the Order shall be—

apportioned, where the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, as provided in paragraph 6(2) of Part I of Schedule 1 to the Order(9).

(3) Subject to paragraph (4), where any apportionment made under this regulation results in a fraction of a penny that fraction shall be treated as a penny if it is either one half or exceeds one half, otherwise it shall be disregarded.

(4) If, in making the apportionment required by this regulation, the effect of the application of paragraph (3) would be such that the aggregate amount of child support maintenance payable by a non-resident parent would be different from the aggregate amount payable before any apportionment, the Department shall adjust that apportionment so as to eliminate that difference; and that adjustment shall be varied from time to time so as to secure that, taking one week with another and so far as is practicable, each person with care receives the amount which each person with care would have received if no adjustment had been made under this paragraph.

Commencement Information

I7Reg. 7 coming into operation in accordance with reg. 1(1)

Part IVN.I.Reduced Benefit Decisions

Interpretation of Part IVN.I.

F88.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Period within which reasons are to be givenN.I.

F89.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I8Reg. 9 coming into operation in accordance with reg. 1(1)

Period for parent to state if request still standsN.I.

F89A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Circumstances in which a reduced benefit decision shall not be givenN.I.

F810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amount of and period of reduction of relevant benefit under a reduced benefit decisionN.I.

F811.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modification of reduction under a reduced benefit decision to preserve minimum entitlement to relevant benefitN.I.

F812.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension of a reduced benefit decision when relevant benefit ceases to be payableN.I.

F813.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension of a reduced benefit decision F9... (income support)N.I.

F814.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension of a reduced benefit decision F10... (income-based jobseeker’s allowance)N.I.

F815.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of a reduced benefit decisionN.I.

F816.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reduced benefit decisions where there is an additional qualifying childN.I.

F817.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspension and termination of a reduced benefit decision where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with careN.I.

F818.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of termination of a reduced benefit decisionN.I.

F819.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rounding provisionsN.I.

F820.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part VN.I.Miscellaneous Provisions

Persons who are not persons with careN.I.

21.—(1) For the purposes of the Order the following categories of person shall not be persons with care—

(a)an authority;

(b)a person with whom a child who is looked after by an authority is placed by that authority under the provisions of the Children Order, except where that person is a parent of such a child and the authority allow the child to live with that parent under Article 27(5) of that Order.

(2) In paragraph (1)—

Commencement Information

I9Reg. 21 coming into operation in accordance with reg. 1(1)

Authorisation of representativeN.I.

22.—(1) A person may authorise a representative, whether or not legally qualified, to receive notices and other documents on his behalf and to act on his behalf in relation to the making of applications and the supply of information under any provisions of the Order or these Regulations.

(2) Where a person has authorised a representative for the purposes of paragraph (1) who is not legally qualified, he shall confirm that authorisation in writing to the Department.

Commencement Information

I10Reg. 22 coming into operation in accordance with reg. 1(1)

Part VIN.I.Notifications Following Certain Decisions

Notification of a maintenance calculationN.I.

23.—(1) A notification of a maintenance calculation made under Article 13 or 14(2) of the Order(10) (interim maintenance decision) shall set out, in relation to the maintenance calculation in question—

(a)the effective date of the maintenance calculation;

(b)where relevant, the non-resident parent’s net weekly income;

(c)the number of qualifying children;

(d)the number of relevant other children;

(e)the weekly rate;

(f)the amounts calculated in accordance with Part I of Schedule 1 to the Order and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Child Support (Variations) Regulations (Northern Ireland) 2001(11);

(g)where the weekly rate is adjusted by apportionment or shared care, or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Order; and

(h)where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 or 11 of the Maintenance Calculations and Special Cases Regulations (care provided in part by an authority and non-resident parent liable to pay maintenance under a maintenance order), the adjustment calculated in accordance with that regulation.

(2) A notification of a maintenance calculation made under Article 14(1) of the Order (default maintenance decision) shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based, whether any apportionment has been applied under regulation 7 and shall state the nature of the information required to enable a decision under Article 13 of the Order to be made by way of Article 18 of the Order.

(3) Except where a person gives written permission to the Department that the information in relation to him, mentioned in sub-paragraphs (a) and (b), may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

(a)the address of any person other than the recipient of the document in question (other than the address of the office of the officer concerned who is exercising functions of the Department under the Order) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

(4) Where a decision as to a maintenance calculation is made under Article 13 or 14 of the Order, a notification under paragraph (1) or (2) shall include information as to the provisions of Articles 18, 19 and 22 of the Order(12).

Commencement Information

I11Reg. 23 coming into operation in accordance with reg. 1(1)

Part VIIN.I.Effective Dates of Maintenance Calculations

Effective dates of maintenance calculationsN.I.

24.—(1) Subject to regulations 25 to 28 [F11, 28B] [F12and 30], where no maintenance calculation is in force with respect to the person with care or the non-resident parent, the effective date of a maintenance calculation following an application made under Article 7 of the Order(13)F13... shall be the date determined in accordance with paragraphs (2) to (4).

(2) Where the application for a maintenance calculation is made under Article 7 of the Order by a non-resident parent, the effective date of the maintenance calculation shall be the date that an effective application is made or treated as made under regulation 3.

(3) Where the application for a maintenance calculation is—

(a)made under Article 7 of the Order by a person with care; F14...

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the effective date of the maintenance calculation shall be the date of notification to the non-resident parent.

(4) For the purposes of this regulation, where the Department is satisfied that a non-resident parent has intentionally avoided receipt of a notice of a maintenance application it may determine the date of notification to the non-resident parent as the date on which the notification would have been given to him but for such avoidance.

(5) Where in relation to a decision made under Article 13 of the Order a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Order(14) applies, the effective date of the calculation shall be the beginning of the maintenance period in which the change of circumstance to which the calculation relates occurred or is expected to occur.

Textual Amendments

Commencement Information

I12Reg. 24 coming into operation in accordance with reg. 1(1)

Effective dates of maintenance calculations — maintenance order and application under Article 7N.I.

25.—(1) This regulation applies, subject to [F15regulations 27 and 28B], where—

(a)no maintenance calculation is in force with respect to the person with care or the non-resident parent;

(b)an application for a maintenance calculation is made under Article 7 of the Order; and

[F16(c)there is a maintenance order which—

(i)is in force and was made on or after the date prescribed for the purposes of Article 7(10)(a) of the Order;

(ii)relates to the person with care, the non-resident parent and all the children to whom the application referred to in sub-paragraph (b) relates, and

(iii)has been in force for at least one year prior to the date of the application referred to in sub-paragraph (b).]

(2) The effective date of the maintenance calculation shall be 2 months and 2 days after the application is made.

Textual Amendments

Commencement Information

I13Reg. 25 coming into operation in accordance with reg. 1(1)

Effective dates of maintenance calculations — maintenance order and application under Article 9N.I.

F1726.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effective dates of maintenance calculations — maintenance order ceasesN.I.

27.  [F18Subject to regulation 28B, this regulation applies] where—

(a)a maintenance calculation is made; and

(b)there was a maintenance order in force in relation to the person with care and the non-resident parent which ceased to have effect after the date on which the application for the maintenance calculation was made but before the effective date provided for in regulation [F1925 F20...] F20...,

the effective date of the maintenance calculation shall be the day following that on which the maintenance order ceased to have effect.

Textual Amendments

Commencement Information

I14Reg. 27 coming into operation in accordance with reg. 1(1)

Effective dates of maintenance calculations in specified casesN.I.

28.—[F21(1)] [F22Subject to regulation 28B,] where an application for a maintenance calculation is made under Article 7 of the OrderF23...—

(a)F24... where in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, there has been in force a maintenance calculation in respect of the same non-resident parent and child but a different person with care, the effective date of the maintenance calculation made in respect of the application shall be [F25the date] on which the previous maintenance calculation ceased to have effect;

(b)where a maintenance calculation (“the existing calculation”) is in force with respect to the person who is the person with care in relation to the application but who is the non-resident parent in relation to the existing calculation, the effective date of the calculation shall be a date not later than 7 days after the date of notification to the non-resident parent which is the day on which a maintenance period in respect of the existing calculation begins.

[F26(c)F27... where—

(i)in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, a maintenance calculation (“the previous maintenance calculation”) has been in force and has ceased to have effect;

(ii)the parent with care in respect of the previous maintenance calculation is the non-resident parent in respect of the application;

(iii)the non-resident parent in respect of the previous maintenance calculation is the parent with care in respect of the application, and

(iv)the application relates to the same qualifying child, or all of the same qualifying children, and no others, as the previous maintenance calculation,

the effective date of the maintenance calculation to which the application relates shall be the date on which the previous maintenance calculation ceased to have effect.]

[F28(d)F27... where on the date the application is made, or treated as made under regulation 3, there is in force a maintenance calculation in relation to the same non-resident parent and a different person with care, and the maintenance calculation in force when the application was made has ceased to have effect before a decision has been made in respect of that application, the effective date of the maintenance calculation made in response to the application shall be –

(i)where the date of notification to the non-resident parent is before the date on which the maintenance calculation in force has ceased to have effect, the day following the day on which that maintenance calculation ceases to have effect;

(ii)where the date of notification to the non-resident parent is after the date on which the maintenance calculation in force has ceased to have effect, the date of notification to the non-resident parent.]

F29[F30(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of –

(a)paragraph (1), “ceased to have effect” means ceased to have effect under paragraph 16 of Schedule 1 to the Order; F31...

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Commencement Information

I15Reg. 28 coming into operation in accordance with reg. 1(1)

[F32Interim effective date where regulation 24, 27 or 28 appliesN.I.

28A.—(1) Where the Department has sufficient information to enable it to make a maintenance calculation, but only in respect of a period beginning after the date which would have been the effective date under regulation 24, 27 or 28 (“the original effective date”), the effective date of that calculation (“the interim effective date”) shall, instead, be the first day of the maintenance period after the Department receives that information.

(2) Where the information referred to in paragraph (1) is that the non-resident parent or his partner has been awarded any benefit, pension or allowance prescribed for the purposes of paragraph 4 of Schedule 1 to the Act (flat rate), the Department shall be treated as having received the information on the first day in respect of which that benefit, pension or allowance was payable under that award.

(3) If the Department subsequently receives sufficient information to enable it to make a maintenance calculation for the period from the original effective date to the interim effective date, that calculation shall have effect for that period.]

Textual Amendments

[F33Effective date where there has been a previous maintenance calculationN.I.

28B.—(1) This regulation applies where—

(a)a maintenance calculation (“the previous maintenance calculation”) has been in force in relation to the non-resident parent, whether or not in respect of the same parent with care; and

(b)the previous maintenance calculation is no longer in force when the decision as to the maintenance calculation is made.

(2) Where this regulation applies, the effective date of the maintenance calculation shall be—

(a)on, or on one of the six days immediately following, the effective date as it would have been but for this regulation; and

(b)on the same day of the week as the day on which the maintenance period in respect of the previous maintenance calculation began.]

Textual Amendments

Part VIIIN.I.Revocation, Savings and Transitional Provisions

Revocation and savingsN.I.

29.—(1) Subject to paragraph (2), the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(15) shall be revoked with respect to a particular case with effect from the date that these Regulations come into operation with respect to that type of case (“the commencement date”).

(2) Subject to [F34regulation 30(1C)(b) and (2)], where before the commencement date in respect of a particular case—

(a)an application was made and not determined for—

(i)a maintenance assessment;

(ii)a departure direction, or

(iii)a revision or supersession of a decision;

(b)the Department had begun but not completed a revision or supersession of a decision on its own initiative;

(c)any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or

(d)any appeal was made but not decided or any time limit for making an appeal had not expired,

the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of—

(aa)the decision on the application referred to in sub-paragraph (a);

(bb)the revision or supersession referred to in sub-paragraph (b);

(cc)the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;

(dd)any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or

(ee)any revision, supersession, appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd).

(3) Where immediately before the commencement date in respect of a particular case an interim maintenance assessment was in force, the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of the decision under Article 19 of the Order to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Order before its amendment by the Act and any revision, supersession or appeal in relation to that decision.

(4) Where after the commencement date a maintenance assessment is revised, cancelled or ceases to have effect from a date which is prior to the commencement date, the Maintenance Assessment Procedure Regulations shall apply for the purposes of that cancellation or cessation.

(5) Where under regulation 28(1) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(16) an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the Maintenance Assessment Procedure Regulations shall continue to apply for the purposes of the determination of the application and any revision, supersession or appeal in relation to any such assessment made.

(6) For the purposes of this regulation—

(a)“departure direction,” “maintenance assessment” and “interim maintenance assessment” have the same meaning as in Article 2(2) of the Order(17) before its amendment by the Act;

(b)“revision or supersession” means a revision or supersession of a decision under Article 18 or 19 of the Order(18) before their amendment by the Act.

(7) For the purposes of this regulation and regulation 30 “Maintenance Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992.

Textual Amendments

Commencement Information

I16Reg. 29 coming into operation in accordance with reg. 1(1)

Transitional provision — effective dates F35...N.I.

30.—[F36(1) Where a maintenance assessment is, or has been, in force and an application to which regulation 28 applies is made, F37... that regulation shall apply as if in paragraph (1) references to –

(a)a maintenance calculation in force were to a maintenance assessment in force;

(b)a maintenance calculation having been in force were to a maintenance assessment having been in force; and

(c)a non-resident parent in sub-paragraph (a), the first time it occurs in sub-paragraph (b) [F38, in sub-paragraph (c)(iii) and the first time it occurs in sub-paragraph (d)], were to an absent parent.

(1A) Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).

(1B) The provisions of Schedule 3 shall apply where –

(a)an effective application for a maintenance assessment has been made under the former Order (“an assessment application”); and

(b)an effective application for a maintenance calculation is made F39... (“a calculation application”).

(1C) Where the provisions of Schedule 3 apply and, by virtue of regulation 4(3) of the Maintenance Assessment Procedure Regulations, the relevant date would be –

(a)before the prescribed date, the application to be proceeded with shall be treated as an application for a maintenance assessment;

(b)on or after the prescribed date, that application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.

[F40(1D) Where a maintenance assessment has been in force in relation to a non-resident parent, regulation 28B shall apply as if references to a maintenance calculation having been in force were to a maintenance assessment having been in force.]

(2) Where –

(a)the application for a maintenance assessment was made before the prescribed date; and

(b)the assessment effective date of that application would be on or after the prescribed date,

the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.]

F41(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For the purposes of this regulation—

[F42“absent parent” has the same meaning given in Article 4(2) of the former Order;

“assessment effective date” means the effective date of the maintenance assessment under regulation 29 or 32(7) of the Maintenance Assessment Procedure Regulations or regulation 3(4), (6) or (7) of the Maintenance Arrangements and Jurisdiction Regulations, whichever applied to the maintenance assessment in question or would have applied had the effective date not been determined under regulation 8C or 29A of the Maintenance Assessment Procedure Regulations;]

“commencement date” means with respect to a particular case the date theses Regulations come into operation with respect to that type of case;

“former Order” means the Order before its amendment by the Act;

“Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992(19);

“maintenance assessment” has the meaning given in the former Order; and

“prescribed date” means the date prescribed for the purposes of Article 7(10)(a) of the Order; [F43and

“relevant date” means the date which would be the assessment effective date of the application which is to be proceeded with in accordance with Schedule 3, if a maintenance assessment were to be made.]

(9) In the application of the Maintenance Assessment Procedure Regulations for the purposes of paragraph (4) where, on or after the prescribed date, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, the Regulations shall be applied as if references in regulation 29 of those Regulations (effective dates of maintenance assessments)(20)—

(a)to the date when the maintenance enquiry form was given or sent to the absent parent were to the date of notification to the non-resident parent;

(b)to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were to the provision of this information by the non-resident parent.

(10) In the application of the Maintenance Arrangements and Jurisdiction Regulations for the purposes of paragraph (4), where, on or after the prescribed date no maintenance enquiry form, as defined in the Maintenance Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(7) of the Maintenance Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders)(21) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent were a reference to the date of notification to the non-resident parent.

Textual Amendments

Commencement Information

I17Reg. 30 coming into operation in accordance with reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 23rd January 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Regulation 1(3)

SCHEDULE 1N.I.Meaning of “child” for the purposes of the Order

[F44[F45Conditions prescribed for the purposes of Article 3(1)]N.I.

1.—(1)  A person satisfies such conditions as may be prescribed for the purposes of Article 3(1)(b) of the Order if that person satisfies any of the conditions in sub-paragraphs (2) and (3).

(2) The person is receiving full-time education (which is not advanced education)—

(a)by attendance at a recognised educational establishment; or

(b)elsewhere, if the education is recognised by the Department.

(3) The person is a person in respect of whom child benefit is payable.]

Textual Amendments

Period for which a person is to be treated as continuing to fall within Article 3(1) of the OrderN.I.

F441A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F46Meaning of “advanced education” for the purposes of [F47this Schedule] N.I.

2.  For the purposes of [F47this Schedule] “advanced education” means education for the purposes of—

(a)a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education [F48, a higher national certificate] or a higher national diploma; or

(b)any other course which is of a standard above advanced GNVQ, or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish national qualification (higher or advanced higher).]

Textual Amendments

Circumstances in which education is to be treated as full-time educationN.I.

3.  For the purposes of [F49this Schedule] education shall be treated as being full-time if it is received by a person attending a course of education at a recognised educational establishment and the time spent receiving instruction or tuition, undertaking supervised study, examination of practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week, so however that in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment.

Textual Amendments

Commencement Information

I18Sch. 1 para. 3 coming into operation in accordance with reg. 1(1)

Interruption of full-time educationN.I.

4.—(1) Subject to sub-paragraph (2), in determining whether a person falls within [F50paragraph 1(2)] no account shall be taken of a period (whether beginning before or after the person concerned attains age 16) of up to 6 months of any interruption to the extent to which it is accepted that the interruption is attributable to a cause which is reasonable in the particular circumstances of the case; and where the interruption or its continuance is attributable to the illness or disability of mind or body of the person concerned, the period of 6 months may be extended for such further period as the Department considers reasonable in the particular circumstances of the case.

[F51(2) The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.]

Textual Amendments

Commencement Information

I19Sch. 1 para. 4 coming into operation in accordance with reg. 1(1)

Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within Article 3(1) of the OrderN.I.

F525.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F53InterpretationN.I.

6.  In this Schedule “recognised educational establishment” means an establishment recognised by the Department for the purposes of this Schedule as being, or as comparable to, a university, college or school.]

Textual Amendments

F53Sch. 1 paras. 6, 7 substituted for Sch. 1 para. 6 (coming into operation in accordance with reg. 1(1)(b) of the amending Rule) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(b), 3(e); S.R. 2012/440, art. 2(2)(b)

[F53Education otherwise than at a recognised educational establishmentN.I.

7.  For the purposes of paragraph 1(2), the Department may recognise education provided for a person otherwise than at a recognised educational establishment only if satisfied that education was being so provided for that person immediately before that person attained the age of 16.]

Textual Amendments

F53Sch. 1 paras. 6, 7 substituted for Sch. 1 para. 6 (coming into operation in accordance with reg. 1(1)(b) of the amending Rule) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(b), 3(e); S.R. 2012/440, art. 2(2)(b)

[F54Person in respect of whom child benefit is payableN.I.

8.  For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made.]

Textual Amendments

Regulation 4(1)

SCHEDULE 2N.I.Multiple applications

No maintenance calculation in force: more than one application for a maintenance calculation by the same person F55...N.I.

1.—(1) Where an effective application is made or treated as made, as the case may be, for a maintenance calculation under Article 7 F56... of the Order(22) and, before that calculation is made, the applicant makes a subsequent effective application under that Article with respect to the same non-resident parent or person with care, as the case may be, those applications shall be treated as a single application.

F57(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I20Sch. 2 para. 1 coming into operation in accordance with reg. 1(1)

No maintenance calculation in force: applications by different persons for a maintenance calculationN.I.

2.—(1) Where the Department receives more than one effective application for a maintenance calculation with respect to the same person with care and non-resident parent, it shall, if no maintenance calculation has been made in relation to any of the applications, determine which application it shall proceed with in accordance with sub-paragraphs (2) to (8).

(2) Where an application by a person with care is made under Article 7 of the Order F58... and an application is made by a non-resident parent under Article 7 of the Order, the Department shall proceed with the application of the person with care.

(3) Where there are two non-resident parents in respect of the same qualifying child and an effective application is received from each such person, the Department shall proceed with both applications, treating them as a single application for a maintenance calculation.

F59(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where—

(a)more than one person with care makes an application for a maintenance calculation under Article 7 of the Order in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);

(b)each such person has parental responsibility for that child or children; and

(c)under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations one of those persons is to be treated as a non-resident parent,

the Department shall proceed with the application of the person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of those Regulations.

(6) Where, in a case falling within sub-paragraph (5), there is more than one person who does not fall to be treated as a non-resident parent under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations, the Department shall apply the provisions of sub-paragraph (7) to determine which application it shall proceed with.

(7) Where—

(a)more than one person with care makes an application for a maintenance calculation under Article 7 of the Order in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and

(b)either—

(i)none of those persons has parental responsibility for that child or children, or

(ii)the case falls within sub-paragraph (5)(b) but the Department has not been able to determine which application it is to proceed with under the provisions of sub-paragraph (5),

the Department shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (8).

(8) Where—

(a)the applications are in respect of one qualifying child, the application of that person with care to whom child benefit is paid in respect of that child;

(b)the applications are in respect of more than one qualifying child, the application of that person with care to whom child benefit is paid in respect of those children;

(c)the Department cannot determine which application it is to proceed with under head (a) or (b) the application of that applicant who in the opinion of the Department is the principal provider of day to day care for the child or children in question.

(9) Subject to sub-paragraph (10), where, in any case falling within sub-paragraphs (2) to (7), the applications are not in respect of identical qualifying children, the application that the Department is to proceed with as determined by those sub-paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.

(10) Where the Department is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (9), it shall make separate maintenance calculations in relation to each person with care providing such principal day to day care.

(11) For the purposes of this paragraph “day to day care” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

[F60(12) For the purposes of sub-paragraph (8), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.]

Textual Amendments

Commencement Information

I21Sch. 2 para. 2 coming into operation in accordance with reg. 1(1)

Maintenance calculation in force: subsequent application with respect to the same personsN.I.

3.  Where a maintenance calculation is in force and a subsequent application is made F61... under the same Article of the Order for a maintenance calculation with respect to the same person with care, non-resident parent, and qualifying child or qualifying children as those with respect to whom the maintenance calculation in force has been made, that application shall not be proceeded with.

Textual Amendments

Commencement Information

I22Sch. 2 para. 3 coming into operation in accordance with reg. 1(1)

Regulation 30(1B)

[F62SCHEDULE 3N.I.MULTIPLE APPLICATIONS—TRANSITIONAL PROVISIONS

Textual Amendments

No maintenance assessment or calculation in force: more than one application for maintenance by the same person under Article 7 F63... of the former Order and of the OrderN.I.

1.—(1) Where an assessment application is made and, before a maintenance assessment under the former Order is made, the applicant makes F64... a calculation application under Article 7 F64... of the Order, with respect to the same person with care or with respect to a non-resident parent who is the absent parent with respect to the assessment application, as the case may be, those applications shall be treated as a single application.

F65(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

No maintenance assessment or calculation in force: applications by different persons for maintenanceN.I.

2.—(1) Where the Department receives more than one application for maintenance with respect to the same person with care and absent parent or non-resident parent, as the case may be, it shall, if no maintenance assessment under the former Order or maintenance calculation under the Order, as the case may be, has been made in relation to any of the applications, determine which application it shall proceed with in accordance with sub-paragraphs (2) to (8).

(2) Where an application by a person with care is made under Article 7 of the former Order or of the OrderF66... and an application is made by an absent parent or non-resident parent under Article 7 of the former Order or of the Order, as the case may be, the Department shall proceed with the application of the person with care.

(3) Where there is one absent parent and one non-resident parent in respect of the same qualifying child and an assessment application and a calculation application is received from each such person respectively, the Department shall proceed with both applications, treating them as a single application.

F67(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where –

(a)a person with care makes an assessment application under Article 7 of the former Order and a different person with care makes a calculation application under Article 7 of the Order and those applications are in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children);

(b)each such person has parental responsibility for that child or children; and

(c)under regulation 20 of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 (“the Maintenance Assessments and Special Cases Regulations”) one of those persons is to be treated as an absent parent or under the provisions of regulation 8 of the Maintenance Calculations and Special Cases Regulations one of those persons is to be treated as a non-resident parent, as the case may be,

the Department shall proceed with the application of the person who does not fall to be treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations, or as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, as the case may be.

(6) Where, in a case falling within sub-paragraph (5), there is more than one person who does not fall to be treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations or as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations, as the case may be, the Department shall apply the provisions of paragraph (7) to determine which application it shall proceed with.

(7) Where –

(a)a person with care makes an assessment application under Article 7 of the former Order and a different person with care makes a calculation application under Article 7 of the Order and those applications are in respect of the same qualifying child or qualifying children (whether or not any of those applications is also in respect of other qualifying children); and

(b)either –

(i)none of those persons has parental responsibility for that child or children, or

(ii)the case falls within sub-paragraph (5)(b) but the Department has not been able to determine which application it is to proceed with under the provisions of sub-paragraph (5),

the Department shall proceed with the application of the principal provider of day to day care, as determined in accordance with sub-paragraph (8).

(8) For the purposes of sub-paragraph (7), the application of the principal provider is, where –

(a)the applications are in respect of one qualifying child, the application of that person with care to whom child benefit is paid in respect of that child;

(b)the applications are in respect of more than one qualifying child, the application of that person with care to whom child benefit is paid in respect of those children;

(c)the Department cannot determine which application it is to proceed with under head (a) or (b), the application of that applicant who in the opinion of the Department is the principal provider of day to day care for the child or children in question.

(9) Subject to sub-paragraph (10), where, in any case falling within sub-paragraphs (2) to (7), the applications are not in respect of identical qualifying children, the application that the Department is to proceed with as determined by those sub-paragraphs shall be treated as an application with respect to all of the qualifying children with respect to whom the applications were made.

(10) Where the Department is satisfied that the same person with care does not provide the principal day to day care for all of the qualifying children with respect to whom an application would but for the provisions of this paragraph be made under sub-paragraph (9), it shall make separate maintenance assessments under the former Order or maintenance calculations under the Order, as the case may be, in relation to each person with care providing such principal day to day care.

(11) For the purposes of this paragraph “day to day care” has the same meaning as in the Maintenance Assessments and Special Cases Regulations or the Maintenance Calculations and Special Cases Regulations, as the case may be.

[F68(12) For the purposes of sub-paragraph (8), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.]

Textual Amendments

Maintenance assessment in force: subsequent application with respect to the same personsN.I.

3.  Where –

(a)a maintenance assessment is in force under the former Order;

(b)a calculation application is made F69... under the Article of the Order which is the same Article as the Article of the former Order under which the assessment application was made; and

(c)the calculation application relates to –

(i)the same person with care and qualifying child or qualifying children as the maintenance assessment, and

(ii)a non-resident parent who is the absent parent with respect to the maintenance assessment,

the calculation application shall not be proceeded with.

Textual Amendments

InterpretationN.I.

4.  In this Schedule “absent parent”, “former Order” and “maintenance assessment” have the meanings given in regulation 30(8).]

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for various procedural matters relating to an application for a maintenance calculation under the Child Support (Northern Ireland) Order 1991 (“the Order”), and make provision in respect of effective dates of calculations and of reduced benefit decisions, consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. Subject to savings for transitional purposes these Regulations revoke the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992.

These Regulations come into operation at different times for different cases according to the dates on which provisions of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the Act”) which are relevant to these Regulations are commenced for different types of cases.

Regulation 1 contains provisions relating to citation, commencement and interpretation. Schedule 1 contains provisions relating to the interpretation of a “child” for the purposes of the Order.

Regulation 2 contains provisions relating to the service and receipt of documents and regulation 3 sets out the procedures in relation to an application for a maintenance calculation.

Regulation 4 and Schedule 2 provide for multiple applications for a maintenance calculation.

Regulations 5 and 6 provide for notice to be given to the non-resident parent and any other relevant person when an effective application for a maintenance calculation has been made or treated as made by the person with care, and for the procedure on the death of a qualifying child.

Regulation 7 prescribes the default rate, payable when a default maintenance decision is made under Article 14(1) of the Order.

Regulation 8 contains provisions relating to interpretation for the purposes of Part IV of these Regulations (reduced benefit decisions).

Regulation 9 prescribes the period within which reasons are to be given by the parent with care for the purposes of Article 43(2) of the Order.

Regulations 10 to 20 make provision as to the amount and duration of reduced benefit decisions following a request under Article 9(5) of the Order, or a failure to comply with the obligation in Article 9(7) of the Order, or a refusal to take a scientific test (within the meaning of Article 27A of the Order).

Regulation 21 prescribes persons who are not persons with care for the purposes of the Order and regulation 22 makes provision for the authorisation of representatives. Regulation 23 sets out what is to be notified following decisions by the Department for Social Development.

Regulations 24 to 28 prescribe the effective dates of maintenance calculations.

Regulation 29 revokes the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 with savings for transitional purposes. Regulation 30 makes transitional provision for the effective date of a calculation applied for after the new system comes into operation, where there is an assessment in force under the previous scheme and where reduced benefit decisions have been made or are being considered when the new system comes into operation.

Articles 14 and 43 of the Order are some of the enabling provisions under which these Regulations are made. They are substituted or amended by sections 4 and 18 of the Act. Sections 4 and 18 of the Act were brought into operation, for the purpose only of making regulations, on 22nd November 2000 by the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C. 16)).

The impact on business of these Regulations is covered in the Regulatory Impact Assessment for the Act, in accordance with, and in consequence of which, these Regulations are made. A copy of that Assessment may be obtained, free of charge, from Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast BT4 3SQ.]

(1)

S.I. 1991/2628 (N.I . 23); Article 14 was substituted by section 4 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), and Article 43 was substituted by section 18 of that Act

(2)

See Article 8(b) of S.R. 1999 No. 481

(6)

Article 19(4A) is inserted by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(7)

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(8)

Articles 18 and 19 were substituted respectively by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and are amended respectively by sections 8 and 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(9)

Part I of Schedule 1 is substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(10)

Articles 13 and 14 are substituted respectively by sections 1(1) and 4 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(12)

Article 22 is substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(13)

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(14)

Paragraph 15 was amended by paragraph 32(4) of Schedule 6 to the Social Security (Northern Ireland) Order 1998

(17)

The definition of “departure direction” was inserted by paragraph 2 of Schedule 3 to the Child Support (Northern Ireland) Order 1995

(18)

Articles 18 and 19 were substituted respectively by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998

(20)

Regulation 29 was amended by regulation 4(5) of S.R. 1995 No. 19, regulation 8(10) of S.R. 1995 No. 162, regulation 3(18) of S.R. 1995 No. 475 and regulation 2(13) of S.R. 1999 No. 167

(21)

Regulation 3(7) was inserted by regulation 7(4)(b) of S.R. 1995 No. 162 and amended by regulation 7(2) of S.R. 1995 No. 475

(22)

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Article 9 is substituted by section 3 of that Act