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Regulation 2 `Amendment of the Child Support (Maintenance Assessment Procedure) RegulationsI1I2

Northern Ireland

(F11)

The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 19f2 (supersession of decisions), after paragraph (3) insert—

“(3A)

For the purposes of paragraph 2 of Schedule 4C to the Orderf3 (decisions and appeals: departure directions and reduced benefit directions, etc.), the circumstances in which a decision may be superseded under paragraph (2) or (3) include where the material change of circumstances causes the maintenance assessment to cease by virtue of paragraph 16(1) of Schedule 1 to the Orderf4 (maintenance assessments) or where the Department no longer has jurisdiction by virtue of Article 41 of the Orderf5 (jurisdiction).”

(3)

In regulation 22f6 (date from which a superseding decision takes effect) after paragraph (21), insert—

“(21A)

Where a superseding decision is made in a case to which regulation 19(3A) applies and the material circumstance is—

(a)

a qualifying child dies or ceases to be a qualifying child;

(b)

the person with care ceases to be a person with care in relation to a qualifying child; or

(c)

the person with care, the absent parent or a qualifying child ceases to be habitually resident in the United Kingdom,

the decision takes effect from the first day of the maintenance period in which the change occurred.”.

(4)

In Schedule 1 (meaning of “child” for the purposes of the Order)—

F2(a)

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

(b)

for paragraph 2f7 (meaning of “advanced education” for the purposes of Article 3 of the Order), substitute—

“Meaning of “advanced education” for the purposes of Article 3 of the Order

2.

For the purposes of Article 3 of the Order “advanced education” means education for the purposes of—

(a)

a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or

(b)

any other course which is of a standard above advanced GNVQ, or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish national qualification (higher or advanced higher).”;

(c)

in paragraph 4f8 (interruption of full-time education) for sub-paragraph (2), substitute—

“(2)

The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.”;

(d)

omit paragraph 5 (circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within Article 3(1) of the Order);

F3(e)

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

Annotations

Textual amendments

F1

Reg. 2 revoked (10.12.2012 for specified purposes) 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.

F2

Reg. 2(4)(a) revoked (10.12.2012) 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)(b), 9(1)

F3

Reg. 2(4)(e) revoked (10.12.2012) 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)(b), 9(1)

Commencement

I1

Reg. 2(1)(4) in operation at 10.11.2009, see reg. 1(1)

I2

Reg. 2(2)(3) in operation at 4.12.2009, see reg. 1(1)

Footnotes

f1

S.R. 1992 No. 340; relevant amending Regulations are S.R. 1999 Nos. 152 and 167, S.R. 2003 No. 224, S.R. 2005 No. 125 and S.R. 2009 No. 133

f2

Regulation 19 was substituted by regulation 2(12) of S.R. 1999 No. 167 and paragraph (3) was amended by regulation 4(4) of S.R. 2000 No. 215 and regulation 2(4) of S.R. 2005 No. 125

f3

Schedule 4C was inserted by paragraph 37 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and paragraph (2) was amended by paragraph 1(29)(c)(i) of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008

f4

Paragraph 16(1) was amended by paragraph 32(5) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and is amended by section 1(2) of, and paragraph 11 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and was amended by paragraph 1(29)(b) of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008

f5

Article 41 was amended by paragraph 26 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and is amended by sections 1(2)(a) and 21 of, and paragraph 11 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

f6

Regulation 22 was substituted by regulation 2(12) of S.R. 1999 No. 167 and paragraph (21) was added by regulation 2(5) of S.R. 2005 No. 125

f7

Paragraph 2 was amended by regulation 4(15) of S.R. 1993 No. 164

f8

Paragraph 4 was amended by regulation 3(a) of S.R. 1999 No. 152 and regulation 2(25) of S.R. 1999 No. 167