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Regulation 50 Amendment of the Maintenance Assessment Procedure RegulationsI1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In regulation 10 of the Maintenance Assessment Procedure Regulations (notification of a new or a fresh maintenance assessment)—

(a)

in paragraph (1)f1 for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)

makes a new or fresh maintenance assessment following an application under Article 7 or 9 of the Orderf2, a review under Article 18, 19, 20 or 21 of the Orderf3, or the giving or cancellation of a departure direction;

(b)

makes a new interim maintenance assessment under Article 14 of the Order, substitutes an interim maintenance assessment for one which is in force in accordance with regulation 8 or 9, or gives or cancels a departure direction; or”;

(b)

in paragraph (2) after sub-paragraph (h)f4 there shall be added the following sub-paragraph—

“(i)

where the notification under paragraph (1)(a) or (b) follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Order, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.”;

(c)

after paragraph (2A)f5 there shall be inserted the following paragraph—

“(2AA)

Where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.”;

(d)

in paragraph (2B)f6 for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)

the matters listed in paragraph (2)(a), (b) and (d) to (f);

(b)

where known, the absent parent’s assessable income; and

(c)

where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.”;

(e)

in paragraph (4) after sub-paragraph (d)f7 there shall be added the following sub-paragraph—

“(e)

where a fresh maintenance assessment is made following the giving of a departure direction, Articles 18, 19 and 20 of the Order.”; and

(f)

after paragraph (5)f8 there shall be added the following paragraph—

“(6)

Where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall include information as to Articles 18 and 21(1) of the Order.”.

Annotations

Commencement

I1

Reg. 50 in operation at 2.12.1996, see reg. 1(1)

Footnotes

f1

Paragraph (1) was substituted by regulation 8(4)(a) of S.R. 1995 No. 162

f2

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and Article 9 was amended by paragraph 4(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

f3

Articles 19 to 21 were amended by Articles 6 to 9 of, and paragraph 4 of Schedule 3 to, the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

f4

Sub-paragraph (h) was added by regulation 3(5)(b)(iv) of S.R. 1995 No. 475

f5

Paragraph (2A) was inserted by regulation 4(4)(b) of S.R. 1995 No. 19

f6

Paragraph (2B) was inserted by regulation 8(4)(d) of S.R. 1995 No. 162

f7

Sub-paragraph (d) was added by regulation 4(2) of S.R. 1994 No. 37

f8

Paragraph (5) was added by regulation 4(4)(d) of S.R. 1995 No. 19