Regulation 28 Effective dates of maintenance calculations in specified casesF1I1
Northern Ireland
F3Subject to regulation 28B, where an application for a maintenance calculation is made under Article 7 of the OrderF4...—
F5... where in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, there has been in force a maintenance calculation in respect of the same non-resident parent and child but a different person with care, the effective date of the maintenance calculation made in respect of the application shall be F6the date on which the previous maintenance calculation ceased to have effect;
where a maintenance calculation (“the existing calculation”) is in force with respect to the person who is the person with care in relation to the application but who is the non-resident parent in relation to the existing calculation, the effective date of the calculation shall be a date not later than 7 days after the date of notification to the non-resident parent which is the day on which a maintenance period in respect of the existing calculation begins.
F8... where—
in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, a maintenance calculation (“the previous maintenance calculation”) has been in force and has ceased to have effect;
the parent with care in respect of the previous maintenance calculation is the non-resident parent in respect of the application;
the non-resident parent in respect of the previous maintenance calculation is the parent with care in respect of the application, and
the application relates to the same qualifying child, or all of the same qualifying children, and no others, as the previous maintenance calculation,
the effective date of the maintenance calculation to which the application relates shall be the date on which the previous maintenance calculation ceased to have effect.
... where on the date the application is made, or treated as made under regulation 3, there is in force a maintenance calculation in relation to the same non-resident parent and a different person with care, and the maintenance calculation in force when the application was made has ceased to have effect before a decision has been made in respect of that application, the effective date of the maintenance calculation made in response to the application shall be –
where the date of notification to the non-resident parent is before the date on which the maintenance calculation in force has ceased to have effect, the day following the day on which that maintenance calculation ceases to have effect;
where the date of notification to the non-resident parent is after the date on which the maintenance calculation in force has ceased to have effect, the date of notification to the non-resident parent.
For the purposes of –
paragraph (1), “ceased to have effect” means ceased to have effect under paragraph 16 of Schedule 1 to the Order; F12...
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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
Reg. 28 renumbered as reg. 28(1) (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(5)
- F3
Words in reg. 28(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(5)
- F4
Words in reg. 28(1) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(a)
- F5
Words in reg. 28(1)(a) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(b)
- F6
Words in reg. 28(1)(a) substituted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(5)(a)
- F7
Reg. 28(c) added (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 7(7)
- F8
Words in reg. 28(1)(c)(d) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(b)
- F9
Reg. 28(1)(d) added (7.10.2004) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/428), regs. 1(1), 6(2)
- F10
Reg. 28(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 5(9)(c)
- F11
Reg. 28(2)(3) added (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 8(5)(b)
- F12
Reg. 28(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(9)(d)