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

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.