OpenLegislation

Regulation 2 InterpretationI1

Northern Ireland

(1)

In these Regulations—

  • “an authority” has the same meaning as in Article 2 of the Children Order;

  • “capped amount” means the figure specified in paragraph 10(3) of Schedule 1 (or in that sub-paragraph as modified by regulations under paragraph 10A of that Schedulef1);

  • “the Child Support Order” means the Child Support (Northern Ireland) Order 1991;

  • “the Children Order” means the Children (Northern Ireland) Order 1995f2;

  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992f3;

  • F1“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;

  • F2“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions,

  • “couple” has the meaning given by paragraph 10C(5) of Schedule 1;

  • “current income” has the meaning given in regulation 36;

  • “the Earnings and Pensions Act” means the Income Tax (Earnings and Pensions) Act 2003f4;

  • F3“electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001;

  • “the flat rate” means the flat rate of child support maintenance payable under paragraph 4 of Schedule 1;

  • “gross weekly income” means income calculated under Chapter 1 of Part 4;

  • “historic income” has the meaning given in regulation 34;

  • “HMRC” means Her Majesty’s Revenue and Customs;

  • “the HMRC figure” has the meaning given in regulation 35;

  • “income support” means support to which a person is entitled under section 123 of the Contributions and Benefits Actf5;

  • “initial effective date” has the meaning given in regulation 12;

  • “net pay arrangements” means arrangements for relief in respect of pension contributions under section 193 of the Finance Act 2004f6;

  • “the nil rate” means the nil rate of child support maintenance payable under paragraph 5 of Schedule 1;

  • “partner” has the meaning given by paragraph 10C(4) of Schedule 1;

  • “party”, in relation to a maintenance calculation in force or an application for a maintenance calculation, means the non-resident parent and the person with care;

  • “the PAYE Regulations” means the Income Tax (Pay As You Earn) Regulations 2003f7;

  • “qualifying lender” has the meaning given to it in section 376(4) of the Income and Corporation Taxes Act 1988f8;

  • “the reduced rate” means the reduced rate of child support maintenance payable under paragraph 3 of Schedule 1;

  • “relevant training scheme” means—

    1. (a)

      arrangements under section 1 of the Employment and Training Act (Northern Ireland) 1950f9;

    2. (b)

      arrangements made by the Secretary of State for Defence for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966f10,

    for purposes which include the training of persons who, at the beginning of their training, are under the age of 18;

  • “relievable pension contributions” has the meaning given by section 188(2) of the Finance Act 2004;

  • “review date” has the meaning given in regulation 19;

  • “self assessment return” means a return which an individual is required to make and deliver under section 8 of the Taxes Management Act 1970f11;

  • “state pension credit” means the benefit payable in accordance with section 1 of the State Pension Credit Act (Northern Ireland) 2002f12;

  • “supersession decision” means a decision made under Article 19f13 superseding a decision mentioned in paragraph (1) of that Article;

  • “tax year” has the meaning given by section 4 of the Income Tax Act 2007f14;

  • “the Trading and Other Income Act” means the Income Tax (Trading and Other Income) Act 2005f15;

  • “UK social security pension” means a pension to which section 577 of the Earnings and Pensions Act appliesf16;

  • “work-based training for young people” means arrangements made by the Secretary of State for Defence for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966f17 for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.

(2)

Any reference in these Regulations to a numbered Article or Schedule is to the Article of, or Schedule to, the Child Support Order.

Annotations

Textual amendments

F1

Words in reg. 2 inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 41(2)(a)

F2

Words in reg. 2 substituted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 41(2)(b)

F3

Words in reg. 2 inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications) Order (Northern Ireland) 2022 (S.R. 2022/178), arts. 1, 5(2)

Commencement

I1

Reg. 2 comes into force in accordance with reg. 1

Footnotes

f1

Paragraph 10A is amended by paragraph 1(26) of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008

f2

S.I. 1995/755 (N.I. 2)

f3

1992 c. 7

f4

2003 c. 1

f5

Section 123 was amended by paragraph 13(2), (4) and (5) of Schedule 2 and Schedule 3 to the Jobseekers (Northern Ireland) Order 1995, paragraph 2 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), paragraph 96 of Schedule 24 to the Civil Partnership Act 2004, paragraph 3(9) and (10) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and section 3(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.))

f6

2004 c. 12; section 193 was amended by paragraph 475 of Schedule 1 to the Income Tax Act 2007 (c. 3)

f7

S.I. 2003/2682

f8

1988 c. 1; section 376(4) was amended by paragraph 55 of Schedule 16 and Part 4 of Schedule 18 to the Government of Wales Act 1998 (c. 38), paragraph 42 of Schedule 8 and paragraph 12 of Schedule 9 to the Housing and Regeneration Act 2008 (c. 17), paragraph 24 of Schedule 19 to the Localism Act 2011 (c. 20), Schedule 2 to S.I. 2001/1149 and Article 23 of S.I. 2001/3629

f9

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

f10

1966 c. 45

f11

1970 c. 9; section 8 was amended by section 121(1) of the Finance Act 1996 (c. 8) and Part 5(3) of Schedule 27 to the Finance Act 2007 (c. 11)

f12

2002 c. 14 (N.I.)

f13

Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 and amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008

f14

2007 c. 3

f15

2005 c. 5

f16

Section 577 was amended by paragraph 9(4) of Schedule 17 and Part 2(12) of Schedule 42 to the Finance Act 2004 and section 10(2) of the Finance (No. 2) Act 2005 (c. 22)

f17

1966 c. 45