The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

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, 3(2) to (5), (6)(a) and (b) and (7), 5, 6, 8(3), 9(2) and (4) and 11 amend, respectively, the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992, the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 (“the Maintenance Assessments and Special Cases Regulations”), the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992, the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996, 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”) and the Child Support (Variations) Regulations (Northern Ireland) 2001 (“the Variations Regulations”), as a result of the introduction of child tax credit and working tax credit from 6th April 2003, and the abolition of working families' tax credit and disabled person’s tax credit, by the Tax Credits Act 2002.

Regulation 3(6)(c) amends the Maintenance Assessments and Special Cases Regulations to provide that specified payments relating to housing support services shall not be counted as income for child support purposes.

Regulation 4 amends the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 in consequence of the Financial Services and Markets Act 2000.

Regulation 7 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to provide new dates from which a child support decision, which is superseded under Article 19 of the Child Support (Northern Ireland) Order 1991 (“the Order”), takes effect.

Regulation 8 amends the Maintenance Calculation Procedure Regulations. Regulation 8(2) and (4) to (6) makes clarifying and minor amendments. Regulation 8(7) makes additions to the transitional provisions in regulation 30 of those Regulations and inserts provision to set the effective date of a maintenance calculation in a case where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (“the Transitional Regulations”) applies. Regulation 8(8) and the Schedule add Schedule 3 to the Maintenance Calculation Procedure Regulations.

Regulation 9(3) makes a minor clarifying amendment to the Maintenance Calculations and Special Cases Regulations.

Regulation 10 amends the Transitional Regulations. Regulation 10(2), (3), (7) and (12) makes minor amendments. Regulation 10(4) inserts a reference to regulation 26 of the Variations Regulations into regulation 10 of the Transitional Regulations, to bring cases to which that regulation 26 applies within the scope of that regulation 10. Regulation 10(5), (10) and (11) makes amendments for cases where there are two or more persons with care in respect of one non-resident parent and one or more person with care, but not all of them, had a maintenance assessment under the current scheme or is not affected by the phasing provisions in the Transitional Regulations. Regulation 10(6) amends regulation 15 of the Transitional Regulations to make further provision for cases where the conversion of a case from the current scheme to the new scheme will be triggered. Regulation 10(8) amends regulation 22 of the Transitional Regulations to provide for the amounts of child support maintenance payable in cases within the scope of that provision. Regulation 10(9) amends regulation 24 of the Transitional Regulations to provide for the phasing amount which is to apply in a case to which regulation 26 of the Variations Regulations applies. Regulation 10(13) makes an amendment in consequence of the amendments made by regulation 10(6).

Regulation 12 makes consequential revocations.

Articles 19(5), 28B(2)(c), 28E(5) and 43(5) of, and paragraphs 5, 6, 7 and 10 of Schedule 1 and paragraphs 2(2) and 5(1) of Schedule 4B to, the Order and section 28 of the Child Support, Pensions and Social Security (Northern Ireland) Act 2000 (“the Act”) are some of the enabling provisions under which these Regulations are made. Articles 28B and 43 of, and Part I of Schedule 1 and Schedule 4B to, the Order are substituted by, respectively, sections 5(2) and 18 of, and Schedule 1 and Part II of Schedule 2 to, the Act. Articles 19 and 28E of the Order are amended by, respectively, sections 9 and 5(4) of the Act. Sections 5, 9, 18 and 28 of, and Schedule 1 and Part II of Schedule 2 to, the Act were brought into operation, for the purpose only of authorising the making of regulations, on 22nd November 2000, by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C.16)). Section 28, in so far as not already in operation, and sections 5, 9 and 18 of, and Schedule 1 and Part II of Schedule 2 to, the Act, in so far as not already in operation, for the purpose of certain cases, are brought into operation on 3rd March 2003, by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003 (S.R. 2003 No. 53 (C. 4)).

These Regulations do not impose costs on business.