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Regulation 24 Effective dates of maintenance calculationsF1I1

Northern Ireland

(1)

Subject to regulations 25 to 28 F2, 28B F3and 30, where no maintenance calculation is in force with respect to the person with care or the non-resident parent, the effective date of a maintenance calculation following an application made under Article 7 of the Orderf1F4... shall be the date determined in accordance with paragraphs (2) to (4).

(2)

Where the application for a maintenance calculation is made under Article 7 of the Order by a non-resident parent, the effective date of the maintenance calculation shall be the date that an effective application is made or treated as made under regulation 3.

(3)

Where the application for a maintenance calculation is—

(a)

made under Article 7 of the Order by a person with care; F5...

(b)

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

the effective date of the maintenance calculation shall be the date of notification to the non-resident parent.

(4)

For the purposes of this regulation, where the Department is satisfied that a non-resident parent has intentionally avoided receipt of a notice of a maintenance application it may determine the date of notification to the non-resident parent as the date on which the notification would have been given to him but for such avoidance.

(5)

Where in relation to a decision made under Article 13 of the Order a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Orderf2 applies, the effective date of the calculation shall be the beginning of the maintenance period in which the change of circumstance to which the calculation relates occurred or is expected to occur.

Annotations

Textual amendments

F1

Regulations revoked (coming into operation in accordance with reg. 1(1)(c) of the amending Rule) 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.; S.R. 2012/440, art. 2(1)(b)

F2

Word in reg. 24(1) inserted (27.10.2008) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/409), regs. 1, 5(2)

F3

Words in reg. 24(1) inserted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(4)

F4

Words in reg. 24(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(6)(a)

F5

Reg. 24(3)(b) and word omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(6)(b)

Commencement

I1

Reg. 24 coming into operation in accordance with reg. 1(1)

Footnotes

f1

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and section 2 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

f2

Paragraph 15 was amended by paragraph 32(4) of Schedule 6 to the Social Security (Northern Ireland) Order 1998