The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 (revoked)

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend child support regulations.

Regulations 2 and 3 make provisions about the recovery of child support maintenance arrears by deduction from benefits which are payable to a non-resident parent.

Regulation 2 makes amendments to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465) to change the circumstances in which deductions from benefits may be made.

Regulation 3 makes amendments to the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 220) to allow for such arrears to be recoverable from universal credit and for maintenance to be deducted from universal credit where there are earnings.

The amount which may be deducted from benefits is, in both cases, increased from £1.20 per week to £8.40 per week.

In both cases no deductions from benefits for recovery of maintenance arrears may be made if the non-resident parent in receipt of benefits is liable to pay maintenance.

Regulation 4 amends the Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009 (S.R. 2009 No. 422) to allow arrears of child support maintenance to be written off where the non-resident parent's estate was subject to a protected trust deed (within the meaning of the Bankruptcy (Scotland) Act 2016 (asp 21)) but that deed has expired.

Regulation 5 makes amendments to the Child Support Information Regulations (Northern Ireland) 2008 (S.R. 2008 No. 403) to require a qualifying lender (within the meaning given in section 19(7) of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.R. 2016 No. 999 (N.I. 1)) and a trustee or manager of an occupational pension scheme (within the meaning of section 1(1) of the Pensions Schemes (Northern Ireland) Act 1993 (c. 49) to provide information to the Department in connection with the Department's functions under the Child Support (Northern Ireland) Order 1991.

Regulations 6 makes amendments to the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 (S.R. 2012 No. 427) so that in relation to the calculation of gross weekly income of a non-resident parent, the figure notified as employment income by Her Majesty's Revenue and Customs is no longer to be that taken before any allowable deductions from earnings.

Regulation 7 makes amendments to the Child Support Fees Regulations (Northern Ireland) 2014 (S.R. 2014 No. 182) to clarify when there are considered to be arrangements for collection of the maintenance for the purposes of the payment of the collection fee to the Department.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.