Regulation 49 Parent treated as a non-resident parent in shared care casesI1
Northern Ireland
Where the circumstances of a case are that—
an application is made by a person with care under Article 7f1; and
the person named in that application as the non-resident parent of the qualifying child also provides a home for that child (in a different household from the applicant) and shares the day to day care of that child with the applicant,
the case is to be treated as a special case for the purposes of the Child Support Order.
For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.
Where the applicant is receiving child benefit in respect of the qualifying child the applicant is assumed, in the absence of evidence to the contrary, to be providing day to day care to a greater extent than any other person.
For the purposes of paragraph (3), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made, that person is to be treated as receiving child benefit.
Annotations
Textual amendments
- F1
Reg. 49(4) added (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/182), regs. 1(2), 8(4)
Commencement
- I1
Reg. 49 comes into force in accordance with reg. 1
Footnotes
- f1
-
Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 and Schedule 7 to the Social Security (Northern Ireland) Order 1998 and is amended by sections 1(2) and 2 and paragraphs 11 and 13 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008