Statutory Rules of Northern Ireland

2003 No. 469

FAMILY LAW

CHILD SUPPORT

The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Made

4th November 2003

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Articles 14(2), 18(1), 19(3), 28E(5), 39, 43, 47 and 48(4) of, and paragraphs 4, 5, 6, 10(1) and 11 of Schedule 1 and paragraphs 2, 3(1)(b), 4(1)(b) and 5 of Schedule 4B to, the Child Support (Northern Ireland) Order 1991(1) and now vested in it(2), and section 28 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(3) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencementN.I.

1.—(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) 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), 6(2)(a) to (c) and (e) and (4), 9 (in so far as it relates to those provisions of regulations 2 and 5) and 10(e) to (f) shall come into operation on the day on which Articles 10 and 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(4) come into operation (or, if those Articles come into operation on different days, whichever day is the later).

Commencement Information

I1Reg. 1 in operation at 5.11.2003, see reg. 1(1)

Amendment of the Child Support (Maintenance Assessment Procedure) RegulationsN.I.

F12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of the Child Support (Maintenance Assessments and Special Cases) RegulationsN.I.

F13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of the Child Support Departure Direction and Consequential Amendments RegulationsN.I.

F14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of the Child Support (Maintenance Calculation Procedure) RegulationsN.I.

F15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of the Child Support (Maintenance Calculations and Special Cases) RegulationsN.I.

F16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of the Child Support (Transitional Provisions) RegulationsN.I.

7.—(1) The Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(5) shall be amended in accordance with paragraphs (2) to (7).

(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) In regulation 17(6) (relevant departure direction and relevant property transfer) after paragraph (9) there shall be added the following paragraph –

“(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 Regulations(7) (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) In regulation 24(8) (phasing amount) –

(a)in paragraph (3) for “and (5)” there shall be substituted “, (5) and (6)”; and

(b)after paragraph (5) there shall be added the following paragraph –

“(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) In regulation 25(9) (maximum transitional amount) after paragraph (4) there shall be added the following paragraphs –

“(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)(10), “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) In regulation 27(11) (subsequent decision with effect in transitional period – amount payable) –

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after paragraph (9) there shall be added the following paragraph –

“(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.”.

Textual Amendments

Commencement Information

I2Reg. 7 in operation at 5.11.2003, see reg. 1(1)

Amendment of the Child Support (Variations) RegulationsN.I.

F38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SavingsN.I.

F39.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RevocationsN.I.

10.  The following regulations are hereby revoked –

(a)regulation 4(11)(b) of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993(12);

(b)regulation 8(13) of the Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995(13);

(c)regulation 20(3) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996(14);

(d)regulation 3(6)(c) of the Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003(15);

(e)regulations 4(11)(a) and 5(2)(g), (3)(a) and (5) of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993;

(f)regulation 4(4) and (5)(a)(ii) of the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995(16); and

(g)regulation 20(2)(b)(i) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996.

Commencement Information

I3Reg. 10(a)-(d)(g) in operation at 5.11.2003, see reg. 1(1)

I4Reg. 10(e)(f) comes into operation in accordance with reg. 1(2)

Sealed with the Official Seal of the Department for Social Development on 4th November 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for the amendment of various sets of Regulations relating to child support:

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.

(1)

S.I. 1991/2628 (N.I. 23); Article 14 was amended by paragraph 12 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)); Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and is amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 and is amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 28E was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)); Article 39 is amended by paragraph 11 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 43 was amended by paragraph 10 of Schedule 3 to the Child Support (Northern Ireland) Order 1995, paragraph 4(5) of Schedule 2 to the Jobseekers Allowance (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), paragraph 28 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and Schedule 6 to the Tax Credits Act 1999 (c. 10) and is substituted by section 18 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and is amended by paragraph 27 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; paragraph 5 of Schedule 1 was amended by paragraph 4(7) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and Part I of Schedule 1 is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 4B was inserted by Schedule 2 to the Child Support (Northern Ireland) Order 1995 and is substituted by Part II of Schedule 2 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(2)

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

(5)

S.R. 2001 No. 19; relevant amending regulations are S.R. 2002 No. 164 and S.R. 2003 No. 84

(6)

Regulation 17 was amended by regulation 9(8) of S.R. 2002 No. 164

(7)

In Part IV, regulation 16(4) was amended by regulation 10(3) of S.R. 2002 No. 164

(8)

Regulation 24 was amended by regulation 9(13) of S.R. 2002 No. 164 and regulation 10(9) of S.R. 2003 No. 84

(9)

Regulation 25 was amended by regulation 10(10) of S.R. 2003 No. 84

(10)

Regulation 22 (1) was amended by regulation 9(10) of S.R. 2002 No. 164 and regulation 10(8)(a) of S.R. 2003 No. 84

(11)

Regulation 27 was amended by regulation 9(14) of S.R. 2002 No. 164 and regulation 10(11) of S.R. 2003 No. 84