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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation provisions of the Child Maintenance Act (Northern Ireland) 2008 (“the 2008 Act”).

Article 2 brings into operation on 25^th November 2013 the amendments made by the 2008 Act, in so far as they are not yet in operation, for all purposes subject to the savings in Article 3.

Article 3 is a savings provision which provides that the commencement of the 2008 Act provisions does not apply to existing cases. The calculation rules applicable to the case before the commencement of the 2008 Act provisions continue to apply until liability ceases to accrue in relation to that case (subject to Article 4), until the Department notifies the parent with care that it has ceased acting where there is an application that has been made but not determined, or until Article 5 applies.

Article 4 provides for a thirteen week linking rule so that the new calculation rules will not apply to an existing case if a person asks the Department to cease acting and reapplies to the statutory scheme within 13 weeks.

Article 5 provides for the application of the new calculation rules to an existing case where: a new application is made in relation to the non-resident parent in the existing case and there is a different parent with care; or a non-resident parent is the partner of a non-resident parent named in a new application, and either of those non-resident parents claims a prescribed benefit.