2014 No. 194 (C. 13)
The Child Maintenance (2008 Act) (Commencement No. 14 and Transitional Provisions) Order (Northern Ireland) 2014
Made
The Department for Social Development makes the following Order in exercise of the power conferred by section 41(1) and (2) of the Child Maintenance Act (Northern Ireland) 20081.
Citation and interpretation1
1
This Order may be cited as the Child Maintenance (2008 Act) (Commencement No. 14 and Transitional Provisions) Order (Northern Ireland) 2014.
2
In this Order—
“the Act” means the Child Maintenance Act (Northern Ireland) 2008;
“the Child Support Order” means the Child Support (Northern Ireland) Order 19912;
“maintenance assessment” has the meaning given in Article 2(2) of the Child Support Order (interpretation) before its substitution by section 25 (amendments) of, and paragraph 12(e) of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 20003 (amendments of statutory provisions relating to child support);
“maintenance calculation” has the meaning given by Article 2(2) of the Child Support Order4;
“new calculation rules” means Part 1 of Schedule 1 to the Child Support Order (calculation of weekly amount of child support maintenance) as amended by paragraph 2 of Schedule 1 to the Act (calculation by reference to gross weekly income);
“transition period” has the meaning given in regulation 1(2) of the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations (Northern Ireland) 20145 (citation, commencement and interpretation).
3
In this Order, a reference to an existing case is a case in which there is—
a
a maintenance assessment in force;
b
a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force;
c
an application for a maintenance assessment which has been made but not determined; or
d
an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.
4
In this Order, unless the context requires otherwise, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Act.
Appointed day2
The day appointed for the coming operation of section 11(transfer of cases to new rules) of, and Schedule 2 (maintenance calculations: transfer of cases to new rules) to the Act, in so far as are not already in operation, is 30th June 2014.
Thirteen week linking rule in relation to certain cases3
1
This Article has effect from 30th June 2014.
2
Where—
a
The Department ceases acting in an existing case as a result of being requested, on or after 30th June 2014, to cease acting by the person with care under Article 7(5) of the Child Support Order (child support maintenance); and
b
the qualifying child or, if there is more than one qualifying child, all of the qualifying children in relation to the existing case will reach the age of 20 before the end of the transition period,
the non-resident parent is not eligible to make an application under Article 7(1) of the Child Support Order6 in relation to a qualifying child referred to in sub-paragraph (b) before the expiry of the period of 13 weeks from and including the date of cessation of action by the Department, unless paragraph (3) applies.
3
Where the non-resident parent becomes the person with care, paragraph (2) does not apply.
4
For the purposes of paragraph (2), the date of cessation of action by the Department is—
a
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
b
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.
5
In this Article—
a
subject to sub-paragraph (b) “non-resident parent”, “person with care” and “qualifying child” have the meanings given in Article 4 of the Child Support Order7 (meaning of certain other terms used in this Order);
b
a reference to a non-resident parent includes reference to a person who is—
i
treated as the non-resident parent for the purposes of the Child Support Order8,
ii
an absent parent (which has the meaning given in Article 2(2) of the Child Support Order before its substitution by section 25 of, and paragraph 11 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, or
iii
treated as the absent parent for the purposes of the Child Support Order9.
Amendment of the Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order4
With effect from 30th June 2014, in the Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order (Northern Ireland) 201210—
a
in Article 3(1) (cases to which the new calculation rules apply), “any of paragraphs (2) to (4)” shall be read as “paragraph (2)”; and
b
Articles 3(3), (4) and (7) and 4 do not apply.
Amendment of the Child Maintenance (2008 Act) (Commencement No. 11 and Transitional Provisions) Order5
With effect from 30th June 2014, in the Child Maintenance (2008 Act) (Commencement No. 11 and Transitional Provisions) Order (Northern Ireland) 201311—
a
in Article 3(1) (cases to which the new calculation rules apply), “any of paragraphs (2) to (4)” shall be read as “paragraph (2)”; and
b
Articles 3(3), (4) and (7) and 4 do not apply.
Sealed with the Official Seal of the Department for Social Development on 27th June 2014
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Child Maintenance Act (Northern Ireland) 2008 have been brought into operation by earlier commencement orders as from the dates shown.
Provision | Date of Commencement | S.R. No. |
|---|---|---|
Sections 1 to 6 | 5th December 2008 | |
Section 7 (partially) | 14th July 2008 | |
27th October 2008 | ||
Section 8 (partially) | 10th December 2012 | |
29th July 2013 | ||
25th November 2013 | ||
Section 9 (partially) | 3rd December 2012 | |
10th December 2012 | ||
29th July 2013 | ||
25th November 2013 | ||
Section 10 (partially) | 10th December 2012 | |
29th July 2013 | ||
25th November 2013 | ||
Section 11 (partially) | 18th June 2014 | |
Section 12 (partially) | 29th September 2008 | |
27th October 2008 | ||
Sections 14 and 15 (partially) | 1st June 2009 | |
3rd August 2009 | ||
Section 16 | 20th December 2010 | |
Section 22 (partially) | 26th November 2009 | |
25th January 2010 | ||
Sections 23, 24 and 26 (partially) | 3rd December 2012 | |
10th December 2012 | ||
Section 27 (partially) | 29th September 2008 | |
27th October 2008 | ||
Section 28 | 3rd December 2012 | |
Section 29 | 26th November 2009 | |
Section 32 | 3rd December 2012 | |
Section 33 | 5th August 2008 | |
Section 34 | 1st November 2008 | |
Section 35 | 14th July 2008 | |
Section 37 (partially) | 9th July 2008 | |
Section 38 (partially) | 9th July 2008 | |
27th October 2008 | ||
1st November 2008 | ||
1st June 2009 and 3rd August 2009 | ||
3rd December 2012 | ||
10th December 2012 | ||
29th July 2013 | ||
25th November 2013 | ||
Section 39 (partially) | 27th October 2008 | |
1st November 2008 | ||
1st June 2009 | ||
3rd December 2012 | ||
10th December 2012 | ||
29th July 2013 | ||
25th November 2013 | ||
Section 40 (partially) | 9th July 2008 | |
Schedule 1 (partially) | 3rd December 2012 | |
10th December 2012 | ||
29th July 2013 | ||
25th November 2013 | ||
Schedule 2 (partially) | 18th June 2014 | |
Schedule 3 | 1st November 2008 | |
Schedule 4 (partially) | 14th July 2008 | |
27th October 2008 | ||
1st November 2008 | ||
1st June 2009 and 3rd August 2009 | ||
3rd December 2012 | ||
10th December 2012 | ||
29th July 2013 | ||
25th November 2013 | ||
Schedule 5 (partially) | 14th July 2008 | |
5th August 2008 | ||
27th October 2008 | ||
1st November 2008 | ||
1st June 2009 | ||
3rd December 2012 | ||
10th December 2012 | ||
29th July 2013 | ||
25th November 2013 |