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The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996

S.R. 1996/590 · Made 19 December 1996 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 10 December 2012.

FAMILY LAW

CHILD SUPPORT

Made 19th December 1996

Coming into operation 13th January 1997

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 4(3), 14(2) and (3), 19(6) and (7), 23(2) and (3), 39, 43(11), 44, 47 and 48 of, and paragraphs 5(1), (2) and (4), 6(4), 8, 9 and 11 of Schedule 1 to, the Child Support (Northern Ireland) Order 1991f1 and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1991/2628 (N.I. 23); Article 19 was amended by Article 6 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Maintenance Assessment Procedure Regulations Repealed
  3. 3Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations Repealed
  4. 4Amendment of the Child Support Appeal Tribunals (Procedure) Regulations Repealed
  5. 5Amendment of the Child Support Fees Regulations
  6. 6Transitional provisions
  7. 7Revocations
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996 and shall come into operation on 13th January 1997.

F1(2)

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

2Amendment of the Maintenance Assessment Procedure RegulationsF1

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

3Amendment of the Child Support (Maintenance Assessments and Special Cases) RegulationsF1

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

4Amendment of the Child Support Appeal Tribunals (Procedure) RegulationsF1

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

5Amendment of the Child Support Fees RegulationsI1

In regulation 3(3A) of the Child Support Fees Regulations (Northern Ireland) 1993f1 (liability to pay fees) for “1997” there shall be substituted “1999”.

6Transitional provisionsI1

F1(1)

A decision with respect to a maintenance assessment in force on 13th January 1997 shall not be superseded by a decision under Article 19 of the Child Support (Northern Ireland) Order 1991 solely to give effect to these Regulations.

(2)

Where the amount of child support maintenance fixed by any fresh assessment F2... is affected by the provisions of these Regulations, the effective date of that assessment shall not be earlier than the first day of the first maintenance period which commences on or after 13th January 1997.

F3(3)

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

7RevocationsI1

Regulations 39A (suspension of a reduced benefit direction where certain deductions are being made from income support) and 47A (notice of termination of suspension of a reduced benefit direction) of the Maintenance Assessment Procedure Regulations are hereby revoked.

Signature

Sealed with the Official Seal of the Department of Health and Social Services on 19th December 1996.

L.S.

John O'Neill

Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend various regulations made under the Child Support (Northern Ireland) Order 1991 (“the Order”).

Regulation 2 amends the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 in the following respects:

(a)

paragraph (2) makes a drafting amendment to paragraph (6) of regulation 1;

(b)

paragraph (3) clarifies the provisions of paragraph (8) of regulation 8D;

(c)

paragraph (4) creates an exception to the provisions of regulation 19 where, following a review under Article 19, the child support officer determines that the case no longer falls within paragraph 5(4) of Schedule 1 to the Order;

(d)

paragraph (5) clarifies existing effective date provisions and makes provision for the effective date of a new maintenance assessment which relates to part only of the period after the maintenance enquiry form was sent and also for the effective date of an assessment made, subsequently, when all relevant information is available for the whole of the relevant period;

(e)

paragraph (6) makes amendments to regulation 49 which are consequential on the Children (Northern Ireland) Order 1995.

Regulation 3 amends the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 in the following respects:

(a)

paragraph (2) inserts new definitions and amends the definition of “personal pension scheme”, to reflect the definition now utilised by the Income Support (General) Regulations (Northern Ireland) 1987;

(b)

paragraph (3) inserts a new regulation 10A, which prescribes family credit and disability working allowance, with certain exceptions, for the purposes of paragraph 5(4) of Schedule 1 to the Order;

(c)

paragraph (4) provides for the disposable income figure prescribed in regulation 12(1)(b) to be reduced by the amount of any maintenance payable under certain maintenance orders;

(d)

paragraph (7) makes various amendments to Schedule 1;

(e)

paragraph (8)(d) amends Schedule 2, providing for payments made in lieu of community care services to be disregarded in calculating or estimating net income;

(f)

paragraph (9) makes various amendments to Schedule 3;

(g)

a number of other amendments are also made which are consequential on the Children (Northern Ireland) Order 1995 (paragraphs (5), (6) and (8)(a), (b), (c) and (d)).

Regulation 4 amends the Child Support Appeal Tribunals (Procedure) Regulations (Northern Ireland) 1993 to make provision for notice of appeal to be lodged with the Department of Health and Social Services at the Child Support Agency Appeals Section.

Regulation 5 amends the Child Support Fees Regulations (Northern Ireland) 1993, deferring the reintroduction of fees until April 1999.

Regulation 6 makes certain transitional provisions.

Regulation 7 revokes the provision made for suspension, in certain circumstances, of a reduced benefit direction.