Explanatory note

These Regulations provide for the amendments of various sets of Regulations relating to child support.

The powers exercised to make these Regulations are those contained in the Child Support (Northern Ireland) Order 1991 (“the 1991 Order”), as amended by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the 2000 Act”). Some of the amendments made by the 2000 Act are only in operation for the purposes of specified categories of case (see the Child Support, Pensions and Social Security (2000 Act) (Commencement No 9) Order (Northern Ireland) 2003) (“the new scheme”). In all other cases the 1991 Order prior to those amendments continues to apply (“the old scheme”).

Regulation 1 makes provision for citation and commencement. The Regulations come into operation on 12th July 2006, save that regulation 3(3) (which relates to deduction from earnings orders) only comes into operation for cases under the new scheme.

Regulation 2 amends the Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992 by making provision for credit reference agencies to be required to furnish information to the Department.

Regulation 3 makes a number of amendments to the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992. Firstly, it extends the range of arrangements for collection of child support by adding payment by credit card and voluntary deduction from earnings arrangements (paragraph (2)). Secondly, it provides a basis for calculating the protected earnings proportion in relation to a deduction from earnings order which relates only to arrears of child support maintenance (paragraph (3)). Thirdly, it removes the six year limitation period for an application for a liability order, but only in relation to amounts that became due after 12th July 2000 (that is amounts which were not already time barred at the commencement of these Regulations) (paragraph 4).

Regulation 4 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 by revoking the provision which specifies an effective date in a case where a default maintenance decision is revised as if it were a maintenance calculation under Article 13 of the Child Support (Northern Ireland) Order 1991.

Regulation 5 amends the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 1992 in two respects. Firstly, it amends the commencement provisions so as to bring fully into operation (that is for both old and new scheme cases) the amendments in those Regulations which make provision for collection of child support maintenance by debit card (paragraph (2)). Secondly, it amends the savings provision in regulation 5 so that, in cases which have been converted from the old scheme to the new scheme, all arrears of child support maintenance, whenever they accrued, are treated the same for collection and enforcement (paragraph (3)).

Regulation 6 amends the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 by providing for an interim effective date for the initial calculation of child support maintenance in cases where the available information does not cover the whole of the relevant period.

Regulation 7 makes a consequential revocation.

A regulatory impact assessment has not been produced for this rule as it has no impact on the costs of business.