http://www.legislation.gov.uk/nisr/2008/404The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008FAMILY LAW;CHILD SUPPORTStatute Law Database2023-09-28Expert Participation2012-12-10 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. 2008 No. 404 FAMILY LAW CHILD SUPPORT The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 Made 2nd October 2008 Coming into operation 27th October 2008 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) 2008. Citation and commencement1These Regulations may be cited as the Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.Amendment of the Child Support (Maintenance Assessment Procedure) Regulations21The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 are amended as follows.2In regulation 1 (citation, commencement and interpretation)—ain paragraph (2), omit the definition of “direction”; andbomit paragraph (3).3In regulation 2 (applications under Article 7 or 9 of the Order)—ain the heading, omit “or 9”; andbin paragraph (2), omit “under Article 9 of the Order or”.4In regulation 16(8)(a) (revision of decisions), omit “a reduced benefit direction or”.5In regulation 19(11)(a) (supersession of decisions), omit “a reduced benefit direction or”.6In regulation 22 (date from which a superseding decision takes effect), omit paragraphs (15) to (18).7In regulation 29(1) (effective dates of new maintenance assessments), omit “or 9”.8In regulation 31 (cancellation of a maintenance assessment), omit “or (3)”.9Omit regulations 33 to 48.10In 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)—ain paragraph (1)—iin the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,iiin sub-paragraph (1), omit “or 9”, andiiiomit sub-paragraph (2);bin paragraph 2 (no maintenance assessment in force: applications by different persons for a maintenance assessment)—iin sub-paragraph (2), omit “or 9”, andiiomit sub-paragraph (5); andcomit 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 Regulations3In regulation 46(2)(b) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 (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) Regulations41The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are amended as follows.2In regulation 1(2) (citation, commencement and interpretation), in the definition of “relevant person”, omit “, or has been treated as applied for under Article 9(3) of the Child Support Order”.3In regulation 3A (revision of child support decisions)—ain paragraph (3), for “13, 14 or 43” substitute “13 or 14”; andb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4In regulation 7B (date from which a decision superseded under Article 19 of the Child Support Order takes effect)—aomit paragraphs (11) to (15); andbin paragraph (20)(a), omit “, or treated as made under Article 9(3) of that Order,”.Amendment of the Child Support (Maintenance Calculation Procedure) Regulations51The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 are amended as follows.2In regulation 1 (citation, commencement and interpretation)—ain paragraph (1), for “1(2), 3, 4 and 18” substitute “1(2) and 4”; andbin paragraph (2), in the definition of—i“notice of a maintenance application”, omit “, or treated as made,”, andii“relevant person”, omit “or has been treated as applied for under Article 9(3) of the Order,”.3In regulation 5(1) (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,”.4In regulation 6(1)(death of qualifying child), omit “or has been treated as made”.5Omit regulations 8 to 20.6In regulation 24 (effective dates of maintenance calculations)—ain paragraph (1), omit “, or treated as made under Article 9(3) of the Order, as the case may be,”; andbomit paragraph (3)(b) and the word “or” immediately before it.7Omit regulation 26 (effective dates of maintenance calculations — maintenance order and application under Article 9).8In regulation 27(b) (effective dates of maintenance calculations — maintenance order ceases), omit “or 26 as the case may be”.9In regulation 28 (effective dates of maintenance calculations in specified cases)—ain paragraph (1), omit “, or treated as made under Article 9(3) of the Order”;bin paragraph (1)(a), (c) and (d), omit “except where the parent with care has made a request under Article 9(5) of the Order,”;comit paragraph (2); anddomit paragraph (3)(b) and the word “and” immediately before it.10In regulation 30 (transitional provision — effective dates and reduced benefit decisions)—ain the heading, omit “and reduced benefit decisions”;bin paragraph (1), omit “or is treated as made under Article 9(3) of the Order,”;cin paragraph (1B)(b), omit “or an application for a maintenance calculation is treated as made under the Order”; anddomit paragraphs (3) to (7).11In 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)—ain paragraph 1—iin the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,iiin sub-paragraph (1), omit “or 9”, andiiiomit sub-paragraph (2);bin paragraph 2 (no maintenance calculation in force: applications by different persons for a maintenance calculation)—iin sub-paragraph (2), omit “or is treated as made under Article 9 of the Order,”, andiiomit sub-paragraph (4); andcin paragraph 3 (maintenance calculation in force: subsequent application with respect to the same persons), omit “or treated as made, as the case may be,”.12In Schedule 3 (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)—ain paragraph 1—iin the heading, omit “or 9 or under Articles 7 and 9”,iiin sub-paragraph (1), omit “or is treated as making, as the case may be,” and “or 9”, andiiiomit sub-paragraph (2);bin paragraph 2 (no maintenance assessment or calculation in force: applications by different persons for maintenance)—iin 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,”, andiiomit sub-paragraph (4); andcin 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) Regulations61The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 are amended as follows.2In 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,”.3In regulation 8(1)(a) (persons treated as non-resident parents), omit “or treated as made”.4In 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) Regulations71In the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001, omit “or treated as made” in each place it occurs in the following regulations—a3(1)(b) (decision and notice of decision);b11(3)(a) (transitional amount—basic, reduced and most flat rate cases);c15(3C)(b) (case conversion date);d25(2)(a) (maximum transitional amount);e28(1), (2), (2A), (3), (5A), (7A) and (9) (linking provisions); andf30(a) (cases to which this Part applies).2In regulation 28(7), omit “, or treated as made,”.Amendment of the Child Support (Variations) Regulations81The Child Support (Variations) Regulations (Northern Ireland) 2001 are amended as follows.2In regulation 19(1)(a) (income not taken into account and diversion of income), omit “or treated as applied for”.3In 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) Regulations9In regulation 1(2) of the Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001 (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,”.Revocation10The statutory provisions specified in the Schedule are revoked to the extent specified there.Sealed with the Official Seal of the Department for Social Development on 2nd October 2008(L.S.)John O’NeillA senior officer of theDepartment for Social Development SCHEDULE Revocations Regulation 10
CitationS.R. NumberExtent of Revocation
The Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995S.R. 1995 No. 162Regulation 8(12)
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995S.R. 1995 No. 475Regulation 3(2) (c) and (23)
The Social Security and Child Support (Jobseeker’s Allowance)(Consequential Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 289Regulation 20(2)(b)(ii), (5), (6), (7), (8), (9) and (10)
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 317Regulation 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) 1996S.R. 1996 No. 358Regulation 34
The Social Security and Child Support (Jobseeker’s Allowance)(Miscellaneous Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 503Regulation 6
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999S.R. 1999 No. 167Regulation 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) 1999S.R. 1999 No. 246 (C. 20)Article 8(4), (5) and (6)
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002S.R. 2002 No.164Regulation 7(3), (5) and (8)
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003S.R. 2003 No. 84Regulation 8(2), (3) and (7)(b)
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003S.R. 2003 No. 469Regulations 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) 2005S.R. 2005 No. 125Regulation 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.

2008 c. 10 (N.I.) S.R. 1992 No. 340; which is revoked with savings by regulation 29 of S.R. 2001 No. 17 Paragraph (3) was amended by regulation 3(2) of S.R. 1995 No. 475, regulation 20(2)(b)(ii) of S.R. 1996 No. 289 and regulation 2(2) of S.R. 2003 No. 469 Regulation 16 was substituted by regulation 2(12) of S.R. 1999 No. 167 Regulation 19 was substituted by regulation 2(12) of S.R. 1999 No. 167 Regulation 22 was substituted by regulation 2(12) of S.R. 1999 No. 167. Paragraph (17) was amended by Article 8(4) of S.R. 1999 No. 246 (C. 20) Regulation 29(1) was amended by regulation 4(5) of S.R. 1995 No. 19, regulation 8(10)(a) of S.R. 1995 No. 162 and regulation 3(18) of S.R. 1995 No. 475 Regulation 31 was amended by regulation 2(15) of S.R. 1999 No. 167 Paragraph 2 was amended by regulation 2(26)(a) of S.R. 1999 No. 167 S.R. 1996 No. 541; regulation 46(2)(b) was amended by regulation 9(22) of S.R. 1998 No. 8 S.R. 1999 No. 162 The definition of “relevant person” was inserted by regulation 2(2)(e) of S.R. 2001 No. 23 Regulation 3A was inserted by regulation 2(4) of S.R. 2001 No. 23. The relevant amending provision is regulation 6(2)(b) of S.R. 2002 No. 164 Regulation 7B was inserted by regulation 2(8) of S.R. 2001 No. 23 S.R. 2001 No. 17 Regulation 5(1) was amended by regulation 8(2) of S.R. 2003 No. 84 Regulation 24 was amended by regulation 8(4) of S.R. 2003 No. 84 Regulation 26 was amended by regulation 7(5) of S.R. 2002 No. 164 Regulation 27(b) was amended by regulation 7(6) of S.R. 2002 No. 164 Regulation 28 was amended by regulation 7(7) of S.R. 2002 No. 164, regulation 8(5) of S.R. 2003 No. 84 and regulation 6(2) of S.R. 2004 No. 428 Regulation 30 was amended by regulation 7(8) of S.R. 2002 No. 164, regulation 8(7) of S.R. 2003 No. 84 and regulation 6(3) of S.R. 2004 No. 428 Schedule 3 was added by regulation 8(8) of S.R. 2003 No. 84 S.R. 2001 No. 18 Regulation 8(1)(a) was amended by regulation 9(3) of S.R. 2003 No. 84 S.R. 2001 No. 19 Regulation 11(3)(a) was inserted by regulation 10(5)(b) of S.R. 2003 No. 84 Regulation 15(3C)(b) was inserted by regulation 10(6)(c) of S.R. 2003 No. 84 Paragraph (2A) was inserted by regulation 9(15)(b) of S.R. 2002 No. 164 Paragraph (5A) was inserted by regulation 9(15)(e) of S.R. 2002 No. 164 Paragraph (7A) was inserted by regulation 9(15)(g) of S.R. 2002 No. 164 and amended by regulation 10(12) of S.R. 2003 No. 84 Paragraph (9) was inserted by regulation 9(15)(i) of S.R. 2002 No. 164 Regulation 28(7) was amended by regulation 9(15) of S.R. 2002 No. 164 and regulation 10(12) of S.R. 2003 No. 84 S.R. 2001 No. 20 S.R. 2001 No. 21 Reg. 1 in operation at 27.10.2008, see reg. 1Reg. 2 in operation at 27.10.2008, see reg. 1Reg. 3 in operation at 27.10.2008, see reg. 1Reg. 4 in operation at 27.10.2008, see reg. 1Reg. 5 in operation at 27.10.2008, see reg. 1Reg. 6 in operation at 27.10.2008, see reg. 1Reg. 7 in operation at 27.10.2008, see reg. 1Reg. 8 in operation at 27.10.2008, see reg. 1Reg. 9 in operation at 27.10.2008, see reg. 1Reg. 10 in operation at 27.10.2008, see reg. 1Sch. in operation at 27.10.2008, see reg. 1Reg. 4(3)(b) revoked (6.4.2009) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/133), reg. 1(1), Sch. 2Reg. 8 revoked (10.12.2012 for specified purposes) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.Regs. 2-6 revoked (10.12.2012 for specified purposes) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.