{
  "url": "https://openlegislation.uk/child-support-miscellaneous-amendments-no-2-regulations-northern-ireland-2009/note",
  "json_url": "https://openlegislation.uk/child-support-miscellaneous-amendments-no-2-regulations-northern-ireland-2009/note.json",
  "legislation": "nisr/2009/363",
  "legislation_title": "The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009",
  "legislation_url": "https://openlegislation.uk/child-support-miscellaneous-amendments-no-2-regulations-northern-ireland-2009",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 (“the 1992 Regulations”), the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 and the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 (“the 2001 Regulations”).\nRegulation 2 amends the 1992 Regulations as follows:\nparagraph (2) inserts a new paragraph (3A) into regulation 19 to provide a ground for superseding a decision where a maintenance assessment has ceased by virtue of paragraph 16(1) of Schedule 1 to the Child Support (Northern Ireland) Order 1991 (“the Order”) or where the Department has no jurisdiction by virtue of Article 41 of the Order;\nparagraph (3) inserts a new paragraph (21A) into regulation 22 to provide that the day on which a decision made on the ground in regulation 19(3A) of the 1992 Regulations takes effect, is the first day of the maintenance period in which the specified material change of circumstances occurred;\nparagraph (4)(a) substitutes paragraph 1 of Schedule 1. The new paragraph 1 of that Schedule provides the prescribed conditions for the purposes of Article 3(1)(c) of the Order and inserts a new paragraph 1A into that Schedule to provide that, where a person ceases to fall within Article 3(1) of the Order, a person is to be treated as continuing to fall within that paragraph for any period during which that person is a person in respect of whom child benefit is payable, this is subject to the absolute bar in Article 3(8) of the Order ;\nparagraph (4)(b) substitutes paragraph 2 of Schedule 1 prescribing the meaning of “advanced education” for the purposes of Article 3 of the Order, the substituted paragraph mirrors the definition in regulation 1(3) of the Child Benefit (General) Regulations 2006;\nparagraph 4(c) substitutes paragraph 4(2) of Schedule 1 to provide that paragraph 4(1) of that Schedule does not apply where a period of interruption to a person’s full-time education is followed immediately by a period during which child benefit ceases to be payable in respect of that person;\nparagraph 4(d) omits paragraph 5 of Schedule 1. The provisions are otiose as a result of the insertion of paragraph 1A into that Schedule;\nparagraph 4(e) substitutes the interpretation provision at paragraph 6 of Schedule 1 to reflect the amendments made by these Regulations.\nRegulation 3 omits regulation 7 of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 in consequence of the changes made by regulations 2(2) and (3).\nRegulation 4 amends Schedule 1 to the 2001 Regulations. These amendments have the same effect as those made by regulation 2(4) to Schedule 1 to the 1992 Regulations.\nRegulation 5 makes transitional provision. Paragraphs (1) and (2) provide that the day on which certain maintenance assessments or maintenance calculations made on an application under Article 7 of the Order or on a supersession decision made under Article 19 of that Order are to take effect is the day on which regulation 5 comes into operation, in specified circumstances. Paragraph (3) modifies regulation 28(3) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) where the application made under Article 7 of the Order in a case to which the circumstances in regulation 5(2) of these Regulations apply, to change the meaning of “the relevant period” for the purposes of regulation 28(1) of those Regulations.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2009/363/note",
    "retrieved_at": "2026-10-29T01:30:03.746986+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}