The Child Maintenance (2008 Act) (Commencement No. 12 and Savings Provisions) Order (Northern Ireland) 2013

Thirteen week linking rule where case closed voluntarily

4.—(1) This Article applies where—

(a) on or after the date on which this order is made, the applicant in relation to an existing case makes a request to the Department under Article 7(5) of the Child Support Order to cease acting; and

(b) a further application is made under Article 7 of the Child Support Order in relation to the same qualifying child, person with care and non-resident parent before the expiry of 13 weeks from the date of cessation of action by the Department.

(2) Where this Article applies, for the purposes of calculating the amount of child maintenance in response to the further application referred to in paragraph (1)(b) the saving in Article 3 continues to apply (so that new application is an existing case).

(3) For the purposes of paragraph (1)(b),

(a) the date an application is made—

(i) where made by telephone, is the date the telephone call is made; and

(ii) where made by post, is the date of receipt by the Department; and

(b) the date of cessation of action by the Department is—

(i) where there is a maintenance assessment or maintenance calculation in force, the date on which the liability under that assessment or calculation ends as a result of the request to cease acting; or

(ii) where there is an application still to be determined, the date notified to the person with care as the date on which the Department has ceased acting.