OpenLegislation

The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008

S.R. 2008/404 · Made 2 October 2008 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 10 December 2012.

FAMILY LAW

CHILD SUPPORT

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) 2008f1.

Annotations to the whole text

Footnotes

f1

2008 c. 10 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Child Support (Maintenance Assessment Procedure) Regulations
  3. 3Amendment of the Child Support Departure Direction and Consequential Amendments Regulations
  4. 4Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
  5. 5Amendment of the Child Support (Maintenance Calculation Procedure) Regulations
  6. 6Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations
  7. 7Amendment of the Child Support (Transitional Provisions) Regulations
  8. 8Amendment of the Child Support (Variations) Regulations
  9. 9Amendment of the Child Support (Voluntary Payments) Regulations
  10. 10Revocation
  11. Signature
  12. Schedule Revocations
  13. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

2Amendment of the Child Support (Maintenance Assessment Procedure) RegulationsI1

(F11)

The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992f1 are amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2), omit the definition of “direction”; and

(b)

omit paragraph (3)f2.

(3)

In regulation 2 (applications under Article 7 or 9 of the Order)—

(a)

in the heading, omit “or 9”; and

(b)

in paragraph (2), omit “under Article 9 of the Order or”.

(4)

In regulation 16(8)(a)f3 (revision of decisions), omit “a reduced benefit direction or”.

(5)

In regulation 19(11)(a)f4 (supersession of decisions), omit “a reduced benefit direction or”.

(6)

In regulation 22f5 (date from which a superseding decision takes effect), omit paragraphs (15) to (18).

(7)

In regulation 29(1)f6 (effective dates of new maintenance assessments), omit “or 9”.

(8)

In regulation 31f7 (cancellation of a maintenance assessment), omit “or (3)”.

(9)

Omit regulations 33 to 48.

(10)

In 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)—

(a)

in paragraph (1)—

(i)

in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii)

in sub-paragraph (1), omit “or 9”, and

(iii)

omit sub-paragraph (2);

(b)

in paragraph 2f8 (no maintenance assessment in force: applications by different persons for a maintenance assessment)—

(i)

in sub-paragraph (2), omit “or 9”, and

(ii)

omit sub-paragraph (5); and

(c)

omit paragraph 4 (maintenance assessment in force: subsequent application for a maintenance assessment under Article 9 of the Order).

3Amendment of the Child Support Departure Direction and Consequential Amendments RegulationsI1

F1In regulation 46(2)(b) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996f1 (special case — departure direction having effect from date earlier than effective date of current assessment), omit “or treated as made”.

4Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI1

(F11)

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 are amended as follows.

(2)

In regulation 1(2) (citation, commencement and interpretation), in the definition of “relevant person”f2, omit “, or has been treated as applied for under Article 9(3) of the Child Support Order”.

(3)

In regulation 3Af3 (revision of child support decisions)—

(a)

in paragraph (3), for “13, 14 or 43” substitute “13 or 14”; and

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In regulation 7Bf4 (date from which a decision superseded under Article 19 of the Child Support Order takes effect)—

(a)

omit paragraphs (11) to (15); and

(b)

in paragraph (20)(a), omit “, or treated as made under Article 9(3) of that Order,”.

5Amendment of the Child Support (Maintenance Calculation Procedure) RegulationsI1

(F11)

The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001f1 are amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (1), for “1(2), 3, 4 and 18” substitute “1(2) and 4”; and

(b)

in paragraph (2), in the definition of—

(i)

“notice of a maintenance application”, omit “, or treated as made,”, and

(ii)

“relevant person”, omit “or has been treated as applied for under Article 9(3) of the Order,”.

(3)

In regulation 5(1)f2 (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,”.

(4)

In regulation 6(1)(death of qualifying child), omit “or has been treated as made”.

(5)

Omit regulations 8 to 20.

(6)

In regulation 24f3 (effective dates of maintenance calculations)—

(a)

in paragraph (1), omit “, or treated as made under Article 9(3) of the Order, as the case may be,”; and

(b)

omit paragraph (3)(b) and the word “or” immediately before it.

(7)

Omit regulation 26f4 (effective dates of maintenance calculations — maintenance order and application under Article 9).

(8)

In regulation 27(b)f5 (effective dates of maintenance calculations — maintenance order ceases), omit “or 26 as the case may be”.

(9)

In regulation 28f6 (effective dates of maintenance calculations in specified cases)—

(a)

in paragraph (1), omit “, or treated as made under Article 9(3) of the Order”;

(b)

in paragraph (1)(a), (c) and (d), omit “except where the parent with care has made a request under Article 9(5) of the Order,”;

(c)

omit paragraph (2); and

(d)

omit paragraph (3)(b) and the word “and” immediately before it.

(10)

In regulation 30f7 (transitional provision — effective dates and reduced benefit decisions)—

(a)

in the heading, omit “and reduced benefit decisions”;

(b)

in paragraph (1), omit “or is treated as made under Article 9(3) of the Order,”;

(c)

in paragraph (1B)(b), omit “or an application for a maintenance calculation is treated as made under the Order”; and

(d)

omit paragraphs (3) to (7).

(11)

In 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)—

(a)

in paragraph 1—

(i)

in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii)

in sub-paragraph (1), omit “or 9”, and

(iii)

omit sub-paragraph (2);

(b)

in paragraph 2 (no maintenance calculation in force: applications by different persons for a maintenance calculation)—

(i)

in sub-paragraph (2), omit “or is treated as made under Article 9 of the Order,”, and

(ii)

omit sub-paragraph (4); and

(c)

in paragraph 3 (maintenance calculation in force: subsequent application with respect to the same persons), omit “or treated as made, as the case may be,”.

(12)

In Schedule 3f8 (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)—

(a)

in paragraph 1—

(i)

in the heading, omit “or 9 or under Articles 7 and 9”,

(ii)

in sub-paragraph (1), omit “or is treated as making, as the case may be,” and “or 9”, and

(iii)

omit sub-paragraph (2);

(b)

in paragraph 2 (no maintenance assessment or calculation in force: applications by different persons for maintenance)—

(i)

in 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,”, and

(ii)

omit sub-paragraph (4); and

(c)

in paragraph 3 (maintenance assessment in force: subsequent application with respect to the same persons), in sub-paragraph (b) omit “or treated as made”.

6Amendment of the Child Support (Maintenance Calculations and Special Cases) RegulationsI1

(F11)

The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001f1 are amended as follows.

(2)

In 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,”.

(3)

In regulation 8(1)(a)f2 (persons treated as non-resident parents), omit “or treated as made”.

(4)

In 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,”.

7Amendment of the Child Support (Transitional Provisions) RegulationsI1

(1)

In the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001f1, omit “or treated as made” in each place it occurs in the following regulations—

(a)

3(1)(b) (decision and notice of decision);

(b)

11(3)(a)f2 (transitional amount—basic, reduced and most flat rate cases);

(c)

15(3C)(b)f3 (case conversion date);

(d)

25(2)(a) (maximum transitional amount);

(e)

28(1), (2), (2A)f4, (3), (5A)f5, (7A)f6 and (9)f7 (linking provisions); and

(f)

30(a) (cases to which this Part applies).

(2)

In regulation 28(7)f8, omit “, or treated as made,”.

8Amendment of the Child Support (Variations) RegulationsI1

(F11)

The Child Support (Variations) Regulations (Northern Ireland) 2001f1 are amended as follows.

(2)

In regulation 19(1)(a) (income not taken into account and diversion of income), omit “or treated as applied for”.

(3)

In regulation 20(1)(a) and (2) (life-style inconsistent with declared income), omit “or treated as applied for”.

9Amendment of the Child Support (Voluntary Payments) RegulationsI1

In regulation 1(2) of the Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001f1 (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,”.

10RevocationI1

The statutory provisions specified in the Schedule are revoked to the extent specified there.

Signature

Sealed with the Official Seal of the Department for Social Development on 2nd October 2008

(L.S.)

John O’Neill

A senior officer of the

Department for Social Development

RevocationsI1

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

Explanatory note

(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.