Regulation 6 Amendment of the Child Support (Maintenance Calculation Procedure) Regulations

(1)

The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001^f1 are amended as follows.

(2)

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

(a)

for the heading to paragraph 1^f2 substitute—

“Conditions prescribed for the purposes of Article 3(1)”; and

(b)

after paragraph 7^f3 (education otherwise than at a recognised educational establishment) add—

“Person in respect of whom child benefit is payable

8.

For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made.”

(3)

After paragraph 2(11) of Schedule 2^f4 (multiple applications), add—

“(12)
For the purposes of sub-paragraph (8), 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 in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.”.

(4)

After paragraph 2(11)^f5 of Schedule 3 (multiple applications – transitional provisions), add—

“(12)
For the purposes of sub-paragraph (8), 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 in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.”.

Annotations

Footnotes

f1: S.R. 2001 No. 17; relevant amending Regulations are S.R. 2008 No. 404 and S.R. 2012 No. 438
f2: Paragraph 1 was substituted by regulation 3(a) of S.R. 2012 No. 438
f3: Paragraph 7 was substituted by regulation 3(e) of S.R. 2012 No. 438
f4: Paragraph 2 was amended by regulation 5(11)(b) of S.R. 2008 No. 404
f5: Paragraph 2 was amended by regulation 5(12)(b) of S.R. 2008 No. 404