2008 No. 404
FAMILY LAW
CHILD SUPPORT

The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008

Made
Coming into operation
The Department for Social Development makes the following Regulations in exercise of the power conferred by section 38(2) of the Child Maintenance Act (Northern Ireland) 20081.

Citation and commencement1.

These Regulations may be cited as the Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

Annotations:
Commencement Information

I1Reg. 1 in operation at 27.10.2008, see reg. 1

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations2.

F1(1)

The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 19922 are amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2), omit the definition of “direction”; and

(b)

omit paragraph (3)3.

(3)

In regulation 2 (applications under Article 7 or 9 of the Order)—

(a)

in the heading, omit “or 9”; and

(b)

in paragraph (2), omit “under Article 9 of the Order or”.

(4)

In regulation 16(8)(a)4 (revision of decisions), omit “a reduced benefit direction or”.

(5)

In regulation 19(11)(a)5 (supersession of decisions), omit “a reduced benefit direction or”.

(6)

In regulation 226 (date from which a superseding decision takes effect), omit paragraphs (15) to (18).

(7)

In regulation 29(1)7 (effective dates of new maintenance assessments), omit “or 9”.

(8)

In regulation 318 (cancellation of a maintenance assessment), omit “or (3)”.

(9)

Omit regulations 33 to 48.

(10)

In Schedule 2 (no maintenance assessment in force: more than one application for a maintenance assessment by the same person under Article 7 or 9 or under Articles 7 and 9 of the Order)—

(a)

in paragraph (1)—

(i)

in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii)

in sub-paragraph (1), omit “or 9”, and

(iii)

omit sub-paragraph (2);

(b)

in paragraph 29 (no maintenance assessment in force: applications by different persons for a maintenance assessment)—

(i)

in sub-paragraph (2), omit “or 9”, and

(ii)

omit sub-paragraph (5); and

(c)

omit paragraph 4 (maintenance assessment in force: subsequent application for a maintenance assessment under Article 9 of the Order).

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations3.

F1In regulation 46(2)(b) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 199610 (special case — departure direction having effect from date earlier than effective date of current assessment), omit “or treated as made”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations4.

F1(1)

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 199911 are amended as follows.

(2)

In regulation 1(2) (citation, commencement and interpretation), in the definition of “relevant person”12, omit “, or has been treated as applied for under Article 9(3) of the Child Support Order”.

(3)

In regulation 3A13 (revision of child support decisions)—

(a)

in paragraph (3), for “13, 14 or 43” substitute “13 or 14”; and

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In regulation 7B14 (date from which a decision superseded under Article 19 of the Child Support Order takes effect)—

(a)

omit paragraphs (11) to (15); and

(b)

in paragraph (20)(a), omit “, or treated as made under Article 9(3) of that Order,”.

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations5.

F1(1)

The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 200115 are amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (1), for “1(2), 3, 4 and 18” substitute “1(2) and 4”; and

(b)

in paragraph (2), in the definition of—

(i)

“notice of a maintenance application”, omit “, or treated as made,”, and

(ii)

“relevant person”, omit “or has been treated as applied for under Article 9(3) of the Order,”.

(3)

In regulation 5(1)16 (notice of an application for a maintenance calculation), omit “or an application is treated as made under Article 9(3) of the Order, as the case may be,” and “, or is treated as having made,”.

(4)

In regulation 6(1)(death of qualifying child), omit “or has been treated as made”.

(5)

Omit regulations 8 to 20.

(6)

In regulation 2417 (effective dates of maintenance calculations)—

(a)

in paragraph (1), omit “, or treated as made under Article 9(3) of the Order, as the case may be,”; and

(b)

omit paragraph (3)(b) and the word “or” immediately before it.

(7)

Omit regulation 2618 (effective dates of maintenance calculations — maintenance order and application under Article 9).

(8)

In regulation 27(b)19 (effective dates of maintenance calculations — maintenance order ceases), omit “or 26 as the case may be”.

(9)

In regulation 2820 (effective dates of maintenance calculations in specified cases)—

(a)

in paragraph (1), omit “, or treated as made under Article 9(3) of the Order”;

(b)

in paragraph (1)(a), (c) and (d), omit “except where the parent with care has made a request under Article 9(5) of the Order,”;

(c)

omit paragraph (2); and

(d)

omit paragraph (3)(b) and the word “and” immediately before it.

(10)

In regulation 3021 (transitional provision — effective dates and reduced benefit decisions)—

(a)

in the heading, omit “and reduced benefit decisions”;

(b)

in paragraph (1), omit “or is treated as made under Article 9(3) of the Order,”;

(c)

in paragraph (1B)(b), omit “or an application for a maintenance calculation is treated as made under the Order”; and

(d)

omit paragraphs (3) to (7).

(11)

In Schedule 2 (no maintenance calculation in force: more than one application for a maintenance calculation by the same person under Article 7 or 9 or under Articles 7 and 9 of the Order)—

(a)

in paragraph 1—

(i)

in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii)

in sub-paragraph (1), omit “or 9”, and

(iii)

omit sub-paragraph (2);

(b)

in paragraph 2 (no maintenance calculation in force: applications by different persons for a maintenance calculation)—

(i)

in sub-paragraph (2), omit “or is treated as made under Article 9 of the Order,”, and

(ii)

omit sub-paragraph (4); and

(c)

in paragraph 3 (maintenance calculation in force: subsequent application with respect to the same persons), omit “or treated as made, as the case may be,”.

(12)

In Schedule 322 (no maintenance assessment or calculation in force: more than one application for maintenance by the same person under Article 7 or 9 or under Articles 7 and 9 of the former Order and of the Order)—

(a)

in paragraph 1—

(i)

in the heading, omit “or 9 or under Articles 7 and 9”,

(ii)

in sub-paragraph (1), omit “or is treated as making, as the case may be,” and “or 9”, and

(iii)

omit sub-paragraph (2);

(b)

in paragraph 2 (no maintenance assessment or calculation in force: applications by different persons for maintenance)—

(i)

in sub-paragraph (2), omit “, or is made under Article 9 of the former Order, or is treated as made under Article 9 of the Order,”, and

(ii)

omit sub-paragraph (4); and

(c)

in paragraph 3 (maintenance assessment in force: subsequent application with respect to the same persons), in sub-paragraph (b) omit “or treated as made”.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations6.

F1(1)

The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 200123 are amended as follows.

(2)

In regulation 1(2) (citation, commencement and interpretation), in sub-paragraph (a)(ii) of the definition of “relevant week”, omit “, or treated as made, as the case may be,”.

(3)

In regulation 8(1)(a)24 (persons treated as non-resident parents), omit “or treated as made”.

(4)

In regulation 11(1)(a) (non-resident parent liable to pay maintenance under a maintenance order), omit “or treated as made, as the case may be,”.

Amendment of the Child Support (Transitional Provisions) Regulations7.

(1)

In the Child Support (Transitional Provisions) Regulations (Northern Ireland) 200125, omit “or treated as made” in each place it occurs in the following regulations—

(a)

3(1)(b) (decision and notice of decision);

(b)

11(3)(a)26 (transitional amount—basic, reduced and most flat rate cases);

(c)

15(3C)(b)27 (case conversion date);

(d)

25(2)(a) (maximum transitional amount);

(e)

28(1), (2), (2A)28, (3), (5A)29, (7A)30 and (9)31 (linking provisions); and

(f)

30(a) (cases to which this Part applies).

(2)

In regulation 28(7)32, omit “, or treated as made,”.
Annotations:
Commencement Information

I7Reg. 7 in operation at 27.10.2008, see reg. 1

Amendment of the Child Support (Variations) Regulations8.

F3(1)

The Child Support (Variations) Regulations (Northern Ireland) 200133 are amended as follows.

(2)

In regulation 19(1)(a) (income not taken into account and diversion of income), omit “or treated as applied for”.

(3)

In regulation 20(1)(a) and (2) (life-style inconsistent with declared income), omit “or treated as applied for”.

Amendment of the Child Support (Voluntary Payments) Regulations9.

In regulation 1(2) of the Child Support (Voluntary Payments) Regulations (Northern Ireland) 200134 (citation, commencement and interpretation), in the definition of “relevant person”, omit “, or has been treated as applied for, under Article 9(3) of the Order,”.
Annotations:
Commencement Information

I9Reg. 9 in operation at 27.10.2008, see reg. 1

Revocation10.

The statutory provisions specified in the Schedule are revoked to the extent specified there.

Annotations:
Commencement Information

I10Reg. 10 in operation at 27.10.2008, see reg. 1

Sealed with the Official Seal of the Department for Social Development on 2nd October 2008

John O’Neill
A senior officer of the
Department for Social Development

SCHEDULERevocations

Regulation 10

Annotations:
Commencement Information

I11Sch. in operation at 27.10.2008, see reg. 1

Citation

S.R. Number

Extent of Revocation

The Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995

S.R. 1995 No. 162

Regulation 8(12)

The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995

S.R. 1995 No. 475

Regulation 3(2) (c) and (23)

The Social Security and Child Support (Jobseeker’s Allowance)(Consequential Amendments) Regulations (Northern Ireland) 1996

S.R. 1996 No. 289

Regulation 20(2)(b)(ii), (5), (6), (7), (8), (9) and (10)

The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

S.R. 1996 No. 317

Regulation 3 (7)(a), (c), (d) and (e), (8), (9) and (10)(a), (b) and (c)

The Social Security and Child Support (Jobseeker’s Allowance)(Amendment) Regulations (Northern Ireland) 1996

S.R. 1996 No. 358

Regulation 34

The Social Security and Child Support (Jobseeker’s Allowance)(Miscellaneous Amendments) Regulations (Northern Ireland) 1996

S.R. 1996 No. 503

Regulation 6

The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999

S.R. 1999 No. 167

Regulation 2(18), (19), (20), (21), (22), (23)(a)(i) and (b), and (24)

The Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999

S.R. 1999 No. 246 (C. 20)

Article 8(4), (5) and (6)

The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

S.R. 2002 No.164

Regulation 7(3), (5) and (8)

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

S.R. 2003 No. 84

Regulation 8(2), (3) and (7)(b)

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

S.R. 2003 No. 469

Regulations 2(2), (4)(a), (b) and (f), (5)(a), (b) and (f), 5(2), (3)(b) and (f), and (4)(b) and (f)

The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

S.R. 2005 No. 125

Regulation 5

(This note is not part of the Regulations)

These Regulations make provision consequential on the coming into operation of section 7 of the Child Maintenance Act (Northern Ireland) 2008, which repeals Articles 9 and 43 of the Child Support (Northern Ireland) Order 1991.

The Regulations remove references to Articles 9 and 43, and related terms, in the following statutory rules—

  • the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992;

  • the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996;

  • the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999;

  • the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001;

  • the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001;

  • the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001;

  • the Child Support (Variations) Regulations (Northern Ireland) 2001; and

  • the Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001.

The Regulations also make some consequential revocations.