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

Northern Ireland

(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”.

Annotations

Textual amendments

F1

Regs. 2-6 revoked (10.12.2012 for specified purposes) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.

Commencement

I1

Reg. 5 in operation at 27.10.2008, see reg. 1

Footnotes

f1

S.R. 2001 No. 17

f2

Regulation 5(1) was amended by regulation 8(2) of S.R. 2003 No. 84

f3

Regulation 24 was amended by regulation 8(4) of S.R. 2003 No. 84

f4

Regulation 26 was amended by regulation 7(5) of S.R. 2002 No. 164

f5

Regulation 27(b) was amended by regulation 7(6) of S.R. 2002 No. 164

f6

Regulation 28 was amended by regulation 7(7) of S.R. 2002 No. 164, regulation 8(5) of S.R. 2003 No. 84 and regulation 6(2) of S.R. 2004 No. 428

f7

Regulation 30 was amended by regulation 7(8) of S.R. 2002 No. 164, regulation 8(7) of S.R. 2003 No. 84 and regulation 6(3) of S.R. 2004 No. 428

f8

Schedule 3 was added by regulation 8(8) of S.R. 2003 No. 84