2001 No. 17

FAMILY 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
and now vested in it
, and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Part I

General

Citation, commencement and interpretation
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
1(2) and 4
of, and
paragraphs 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
;
- “
the Act
” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
;
- “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 made
... 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
;
- “maintenance period” has the same meaning as in Article 19(4A) of
the Order
;
- “relevant person” means—
  1. a person with care;
  2. a non-resident parent;
  3. 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,
... 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
.

Documents
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.
Part II

Applications for a Maintenance Calculation

Applications under Article 7 of the Order
3
1
A person who applies for a maintenance calculation under Article 7 of
the Order
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.

Multiple applications
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.

Notice of an application for a maintenance calculation
5
1
Where an effective application has been made under Article 7 of
the Order
,
... 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 made
... 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.

Death of a qualifying child
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
..., 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.
Part III

Default Maintenance Decisions

Default rate
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
) 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—
- £30 where there is one qualifying child of the non-resident parent;
- £40 where there are two qualifying children of the non-resident parent;
- £50 where there are three or more qualifying children of the non-resident parent,
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
.
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.
Part IV

Reduced Benefit Decisions

Interpretation of Part IV
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period within which reasons are to be given
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period for parent to state if request still stands
9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances in which a reduced benefit decision shall not be given
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of and period of reduction of relevant benefit under a reduced benefit decision
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of reduction under a reduced benefit decision to preserve minimum entitlement to relevant benefit
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of a reduced benefit decision when relevant benefit ceases to be payable
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of a reduced benefit decision ... (income support)
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of a reduced benefit decision ... (income-based jobseeker’s allowance)
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Termination of a reduced benefit decision
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduced benefit decisions where there is an additional qualifying child
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 care
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of termination of a reduced benefit decision
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rounding provisions
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V

Miscellaneous Provisions

Persons who are not persons with care
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)—
- “an authority” has the same meaning as in Article 2 of the
Children Order
;
- “a child who is looked after by an authority” has the same meaning as in Article 27(5) of the
Children Order
.

Authorisation of representative
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.
Part VI

Notifications Following Certain Decisions

Notification of a maintenance calculation
23
1
A notification of a maintenance calculation made under Article 13 or 14(2) of
the Order
(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
;
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
.
Part VII

Effective Dates of Maintenance Calculations

Effective dates of maintenance calculations
24
1
Subject to regulations 25 to 28
, 28B
and 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
... 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;
...
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
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.

Effective dates of maintenance calculations — maintenance order and application under Article 7
25
1
This regulation applies, subject to
regulations 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
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.

Effective dates of maintenance calculations — maintenance order and application under Article 9
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effective dates of maintenance calculations — maintenance order ceases
27
Subject 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
25
... ...,
the effective date of the maintenance calculation shall be the day following that on which the maintenance order ceased to have effect.

Effective dates of maintenance calculations in specified cases
28
1
Subject to regulation 28B,
where an application for a maintenance calculation is made under Article 7 of
the Order
...—
a
... 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
the 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.
c
... 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.
d
... 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.
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
; ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim effective date where regulation 24, 27 or 28 applies
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.

Effective date where there has been a previous maintenance calculation
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.
Part VIII

Revocation, Savings and Transitional Provisions

Revocation and savings
29
1
Subject to paragraph (2), the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992
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
regulation 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
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
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
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.

Transitional provision — effective dates ...
30
1
Where a maintenance assessment is, or has been, in force and an application to which regulation 28 applies is made,
...
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)
, 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
...
(“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.
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.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
For the purposes of this regulation—
- “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
;
- “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
;
and
- “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)
—
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)
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.
Sealed with the Official Seal of the Department for Social Development on 23rd January 2001.
John O'Neill
Senior Officer of the
Department for Social Development
SCHEDULE 1
Meaning of “child” for the purposes of
the Order
Regulation 1(3)

Conditions prescribed for the purposes of Article 3(1)
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.

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

Meaning of “advanced education” for the purposes of this Schedule
2
For the purposes of
this 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
, 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).

Circumstances in which education is to be treated as full-time education
3
For the purposes of
this 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.

Interruption of full-time education
4
1
Subject to sub-paragraph (2), in determining whether a person falls within
paragraph 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.
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.

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 Order
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation
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.

Education otherwise than at a recognised educational establishment
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.

Person in respect of whom child benefit is payable
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.
SCHEDULE 2

Multiple applications
Regulation 4(1)

No maintenance calculation in force: more than one application for a maintenance calculation by the same person ...
1
1
Where an effective application is made or treated as made, as the case may be, for a maintenance calculation under Article 7
... of
the Order
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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Maintenance calculation in force: subsequent application with respect to the same persons
3
Where a maintenance calculation is in force and a subsequent application is made
... 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.
SCHEDULE 3

MULTIPLE APPLICATIONS—TRANSITIONAL PROVISIONS
Regulation 30(1B)

No maintenance assessment or calculation in force: more than one application for maintenance by the same person under Article 7 ... of the former Order and of the Order
1
1
Where an assessment application is made and, before a maintenance assessment under the former Order is made, the applicant makes
... a calculation application under Article 7
... 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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Maintenance assessment in force: subsequent application with respect to the same persons
3
Where –
a
a maintenance assessment is in force under the former Order;
b
a calculation application is made
... 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.

Interpretation
4
In this Schedule “absent parent”, “former Order” and “maintenance assessment” have the meanings given in regulation 30(8).
(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.
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
See Article 8(b) of S.R. 1999 No. 481
S.I. 1995/755 (N.I. 2)
2000 c. 4 (N.I.)
S.R. 2001 No. 18
Article 19(4A) is inserted by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
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
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
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
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
S.R. 2001 No. 20
Article 22 is substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
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
Paragraph 15 was amended by paragraph 32(4) of Schedule 6 to the Social Security (Northern Ireland) Order 1998
S.R. 1992 No. 340
S.R. 2001 No. 19
The definition of “departure direction” was inserted by paragraph 2 of Schedule 3 to the Child Support (Northern Ireland) Order 1995
Articles 18 and 19 were substituted respectively by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998
S.R.1992 No. 466
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
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
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
Sch. 2 para. 2 coming into operation in accordance with reg. 1(1)
Sch. 1 para. 3 coming into operation in accordance with reg. 1(1)
Sch. 1 para. 4 coming into operation in accordance with reg. 1(1)
Sch. 2 para. 1 coming into operation in accordance with reg. 1(1)
Sch. 2 para. 3 coming into operation in accordance with reg. 1(1)
Reg. 1 coming into operation in accordance with reg. 1(1)
Reg. 5 coming into operation in accordance with reg. 1(1)
Reg. 6 coming into operation in accordance with reg. 1(1)
Reg. 24 coming into operation in accordance with reg. 1(1)
Reg. 27 coming into operation in accordance with reg. 1(1)
Reg. 28 coming into operation in accordance with reg. 1(1)
Reg. 30 coming into operation in accordance with reg. 1(1)
Reg. 25 coming into operation in accordance with reg. 1(1)
Reg. 29 coming into operation in accordance with reg. 1(1)
Reg. 2 coming into operation in accordance with reg. 1(1)
Reg. 3 coming into operation in accordance with reg. 1(1)
Reg. 4 coming into operation in accordance with reg. 1(1)
Reg. 7 coming into operation in accordance with reg. 1(1)
Reg. 9 coming into operation in accordance with reg. 1(1)
Reg. 21 coming into operation in accordance with reg. 1(1)
Reg. 22 coming into operation in accordance with reg. 1(1)
Reg. 23 coming into operation in accordance with reg. 1(1)
Sch. 3 added (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(8), Sch.
Words in reg. 1(1) substituted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 7(2)
Reg. 25(1)(c) substituted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 7(4)
Words in reg. 27(b) substituted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 7(6)
Reg. 28(c) added (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 7(7)
Words in reg. 24(1) inserted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(4)
Words in reg. 29(2) substituted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(6)
Reg. 28 renumbered as reg. 28(1) (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(5)
Words in reg. 28(1)(a) substituted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(5)(a)
Reg. 28(2)(3) added (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(5)(b)
Reg. 30(1)(1A)(1B)(1C)(2) substituted for reg. 30(1)(2) (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(7)(a)
Words in reg. 30(8) inserted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(7)(c)(i)
Words in reg. 30(8) added (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(7)(c)(ii)
Words in reg. 14 heading omitted (5.11.2003) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/469), regs. 1(1), 5(3)(a) (with reg. 9)
Words in reg. 15 heading omitted (5.11.2003) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/469), regs. 1(1), 5(4)(a) (with reg. 9)
Reg. 28(1)(d) added (7.10.2004) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/428), regs. 1(1), 6(2)
Words in reg. 30(1)(c) substituted (7.10.2004) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/428), regs. 1(1), 6(3)
Reg. 28A inserted (12.7.2006) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (S.R. 2006/273), regs. 1(1), 6
Regs. 8-20 omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(5)
Reg. 28B inserted (27.10.2008) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 5(6)
Words in reg. 24(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(6)(a)
Reg. 24(3)(b) and word omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(6)(b)
Word in reg. 24(1) inserted (27.10.2008) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 5(2)
Words in reg. 25(1) substituted (27.10.2008) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 5(3)
Words in reg. 27(b) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(8)
Words in reg. 27 inserted (27.10.2008) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 5(4)
Reg. 26 omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(7)
Words in reg. 28(1) inserted (27.10.2008) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 5(5)
Words in reg. 28(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(a)
Words in reg. 28(1)(a) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(b)
Words in reg. 28(1)(c)(d) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(b)
Reg. 28(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(c)
Reg. 28(3)(b) and word omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(d)
Reg. 30(1D) inserted (27.10.2008) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 5(7)
Words in reg. 30 heading omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(10)(a)
Words in reg. 30(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(10)(b)
Words in reg. 30(1B)(b) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(10)(c)
Reg. 30(3)-(7) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(10)(d)
Words in reg. 1(1) substituted (27.10.2008) by The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(2)(a)
Words in reg. 1(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(2)(b)(i)
Words in reg. 1(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(2)(b)(ii)
Words in reg. 5(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(3)
Words in reg. 6(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(4)
Words in Sch. 2 para. 1 heading omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(11)(a)(i)
Words in Sch. 2 para. 1(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(11)(a)(ii)
Sch. 2 para. 1(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(11)(a)(iii)
Words in Sch. 2 para. 2(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(11)(b)(i)
Sch. 2 para. 2(4) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(11)(b)(ii)
Words in Sch. 2 para. 3 omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(11)(c)
Words in Sch. 3 para. 1 heading omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(12)(a)(i)
Words in Sch. 3 para. 1(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(12)(a)(ii)
Sch. 3 para. 1(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(12)(a)(iii)
Words in Sch. 3 para. 2(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(12)(b)(i)
Sch. 3 para. 2(4) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(12)(b)(ii)
Words in Sch. 3 para. 3(b) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(12)(c)
Sch. 1 para. 2 substituted (10.11.2009) by The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/363), regs. 1(1), 4(3) (with reg. 5)
Sch. 1 para. 4(2) substituted (10.11.2009) by The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/363), regs. 1(1), 4(4) (with reg. 5)
Sch. 1 para. 5 omitted (10.11.2009) by virtue of The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/363), regs. 1(1), 4(5) (with reg. 5)
Regulations applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16(2)(g), Sch. 3
Sch. 1 para. 1 substituted for Sch. 1 paras. 1, 1A (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(a); S.R. 2012/440, art. 2(2)(b)
Words in Sch. 1 para. 2 substituted (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(b)(i); S.R. 2012/440, art. 2(2)(b)
Words in Sch. 1 para. 2(a) inserted (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(b)(ii); S.R. 2012/440, art. 2(2)(b)
Sch. 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)
Words in Sch. 1 para. 3 substituted (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(c); S.R. 2012/440, art. 2(2)(b)
Words in Sch. 1 para. 4(1) substituted (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(d); S.R. 2012/440, art. 2(2)(b)
Regulations revoked (coming into operation in accordance with reg. 1(1)(c) 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)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)
Sch. 1 para. 8 added (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(2), 6(2)(b)
Sch. 1 para. 1 heading substituted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(2), 6(2)(a)
Sch. 2 para. 2(12) added (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(2), 6(3)
Sch. 3 para. 2(12) added (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(2), 6(4)