The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003
Citation and commencement1.
(1)
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and, subject to paragraph (2), shall come into operation on 5th November 2003.
(2)
Amendment of the Child Support (Maintenance Assessment Procedure) RegulationsF12.
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Amendment of the Child Support (Maintenance Assessments and Special Cases) RegulationsF13.
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Amendment of the Child Support Departure Direction and Consequential Amendments RegulationsF14.
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Amendment of the Child Support (Maintenance Calculation Procedure) RegulationsF15.
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Amendment of the Child Support (Maintenance Calculations and Special Cases) RegulationsF16.
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Amendment of the Child Support (Transitional Provisions) Regulations7.
(1)
(2)
In regulation 2(1) (interpretation) in the definition of “maximum transitional amount” for the words after “amount”” there shall be substituted “has the meaning given in regulation 25(5), (6) or (7), whichever is applicable;”.
(3)
In regulation 7(g)(ii) (grounds on which a conversion decision may not be revised, superseded or altered on appeal) the words “where” and “the relevant property transfer to be replaced with” shall be omitted.
(4)
“(10)
Where –
(a)
a relevant property transfer is taken into account for the purposes of a conversion decision;
(b)
an application is made for a variation of a type referred to in paragraph 3 of Schedule 4B to the Order and Part IV of the Variations Regulations41 (property or capital transfers) which relates to the same property or capital transfer as the relevant property transfer referred to in sub-paragraph (a); and(c)
the variation is agreed to,
the relevant property transfer shall cease to have effect from the effective date of the subsequent decision which resulted from the application for a variation.”.
(5)
(a)
in paragraph (3) for “and (5)” there shall be substituted “, (5) and (6)”; and
(b)
“(6)
Where a subsequent decision is made the effective date of which is the case conversion date –
(a)
the reference in paragraph (3) to the conversion decision shall apply as if it were a reference to the subsequent decision; and
(b)
the reference in paragraph (5) to the new amount shall apply as if it were a reference to the subsequent decision amount.”.
(6)
“(5)
Subject to paragraphs (6) and (7), “maximum transitional amount” means 30% of the non-resident parent’s net weekly income taken into account in the conversion decision, or the subsequent decision, as the case may be.
(6)
Where the new amount is calculated under regulation 22(1)44, “maximum transitional amount” means 30% of the aggregate of the income calculated under regulation 22(1)(b).(7)
Where the new amount or the subsequent decision amount, as the case may be, is calculated under regulation 26(1) of the Variations Regulations “maximum transitional amount” means 30% of the additional income arising under the variation.”.
(7)
F2(a)
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(b)
“(10)
Where a subsequent decision (“decision B”) is made in respect of a decision which is itself a subsequent decision (“decision A”) and –
(a)
decision B has the same effective date as decision A; or
(b)
decision B –
(i)
is a revision or alteration on appeal of decision A, and
(ii)
includes within it a determination that the effective date of decision A was incorrect,
paragraphs (2) to (5) shall apply so that the subsequent decision amount of decision B is compared with the new amount or the subsequent decision amount, as the case may be, which was in place immediately before decision A was made.”.
Amendment of the Child Support (Variations) RegulationsF38.
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SavingsF39.
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Revocations10.
The following regulations are hereby revoked –
(a)
(b)
(c)
(d)
(e)
regulations 4(11)(a) and 5(2)(g), (3)(a) and (5) of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993;
(f)
(g)
regulation 20(2)(b)(i) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996.
Sealed with the Official Seal of the Department for Social Development on 4th November 2003.
These Regulations provide for the amendment of various sets of Regulations relating to child support:
the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 (“the Maintenance Assessment Procedure Regulations”);
the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 (“the Maintenance Assessments and Special Cases Regulations”);
the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 (“the Departure Direction Regulations”);
the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 (“the Maintenance Calculation Procedure Regulations”);
the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 (“the Maintenance Calculations and Special Cases Regulations”);
the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (“the Transitional Regulations”); and
the Child Support (Variations) Regulations (Northern Ireland) 2001 (“the Variations Regulations”).
Regulation 1 makes provision for citation and commencement.
Regulations 2(2), (4)(b) and (f) and (5)(b) and (f), 3(2)(a) to (d), (3) and (5), 5(2), (3)(b) and (f) and (4)(b) and (f) and 6(2)(a) to (c) and (e) and (4) amend, respectively, the Maintenance Assessment Procedure Regulations, the Maintenance Assessments and Special Cases Regulations, the Maintenance Calculation Procedure Regulations and the Maintenance Calculations and Special Cases Regulations in consequence of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. The amendments will take effect from the date Articles 10 and 11 of that Order come into operation.
Regulations 2(3), 3(2)(e), (4) and (7)(a) and 4 amend, respectively, the Maintenance Assessment Procedure Regulations, the Maintenance Assessments and Special Cases Regulations and the Departure Direction Regulations in consequence of the introduction of state pension credit.
Regulations 2(4)(a) and (5)(a) and 5(3)(a) and (4)(a) make minor drafting amendments to the Maintenance Assessment Procedure Regulations and the Maintenance Calculation Procedure Regulations.
Regulations 2(4)(c) to (e) and (5)(c) to (e) and 5(3)(c) to (e) and (4)(c) to (e) amend, respectively, the Maintenance Assessment Procedure Regulations and the Maintenance Calculation Procedure Regulations in consequence of the abolition of the residential allowance in income support and income-based jobseeker’s allowance.
Regulations 3(6) and (7)(b) and (d) and 6(2)(g) and (3) amend, respectively, the Maintenance Assessments and Special Cases Regulations and the Maintenance Calculations and Special Cases Regulations to provide for a war widower’s pension to be treated for child support purposes in the same way as a war widow’s pension and for the treatment for child support purposes of specific payments for war widows and widowers.
Regulation 3(7)(c) amends the Maintenance Assessments and Special Cases Regulations in consequence of the Housing Support Services Regulations (Northern Ireland) 2003 (S.R. 2003 No. 172) (which prescribe the persons eligible for payment of grants for housing support services).
Regulation 6 amends the Maintenance Calculations and Special Cases Regulations. Regulation 6(2)(d) amends the definition of “occupational pension scheme” and regulation 6(2)(f) substitutes the definition of “training allowance”. Regulation 6(5) amends the provision for cases where a non-resident parent is liable to pay child support maintenance as well as child maintenance under a court order in respect of a different child.
Regulation 7 amends the Transitional Regulations. Regulation 7(2) and (6) amends provisions in respect of the “maximum transitional amount”, which is the most a non-resident parent can be required to pay in child support maintenance, to make provision for cases where regulation 22 of the Transitional Regulations or regulation 26 of the Variations Regulations applies. Regulation 7(3) amends regulation 7(g)(ii) of the Transitional Regulations to link the ground set out in that provision to the making of an application for a variation in relation to the same transfer of capital or property as has been taken into account as a “relevant property transfer” in the conversion decision. Regulation 7(4) amends the Transitional Regulations to ensure that a relevant property transfer and a variation cannot be in force at the same time in relation to the same property or capital transfer. Regulation 7(5) and (7) amends, respectively, regulations 24 and 27 of the Transitional Regulations to make provision for cases where a subsequent decision is made.
Regulation 8 makes an amendment to the Variations Regulations in consequence of the amendment made by regulation 7(4).
Regulation 9 makes savings provisions in respect of the amendments made by regulations 2(2), (4) and (5) and 5.
Regulation 10 makes consequential revocations.
These Regulations do not impose any costs on business.