Explanatory note
Northern Ireland
(This note is not part of the Order.)
This Order brings into operation further provisions of Part I of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the Act”), and related repeals.
Section 2(1) and (2) of the Act is brought into operation on 7th February 2003 for the purpose of authorising the making of regulations (Article 2).
Provisions of the Act which amend the child support scheme as provided for by the Child Support (Northern Ireland) Order 1991 (“the Child Support Order”) are commenced by Article 3 for the purposes of cases –
where the liability for child support maintenance is determined, as provided in this Order (see the definition of “effective date” in Articles 1 and 8), to begin on or after 3rd March 2003; or
where there is liability to pay child support maintenance under the scheme in force prior to 3rd March 2003 and a “related decision” (defined in Article 3(2)) falls to be made in connection with a liability under the new scheme.
The main provisions commenced by Article 3 for the purposes of the cases referred to above concern the maintenance calculation and applications under Article 7 of the Child Support Order (sections 1 and 2 and Schedule 1), default and interim maintenance decisions and variations (sections 4 to 7 and Schedule 2), decision-making and appeals (sections 8 to 10), information and financial penalties (sections 12 and 17) and recovery by deduction from benefits and jurisdiction (sections 20 and 21(4)). In addition, Article 3 commences, for the cases described above, section 24 (regulations), Schedule 3 (amendment of statutory provisions) except for paragraph 23 of that Schedule, and associated repeals in Part I of Schedule 9.
Sections 3 and 18 of the Act (applications by those claiming or receiving benefit and reduced benefit decisions), which substitute new Articles 9 and 43 in the Child Support Order, are commenced by Article 4 for the purpose of cases –
where there is no existing liability to pay child support maintenance and a parent with care claims income support or income-based jobseeker’s allowance, or other prescribed benefits, on or after 3rd March 2003; or
where Article 9 of the Child Support Order, before its substitution, has applied.
Article 5 commences section 19 of the Act which inserts into the Child Support Order a new Article 28J concerning voluntary payments. The commencement applies to cases where child support liability is determined, as described above, to begin or after 3rd March 2003. Article 6 commences section 22 of the Act on 3rd March 2003, which provides that Article 4 of the Child Support (Northern Ireland) Order 1995 (relating to child maintenance bonus) is to cease to have effect. Section 28 (transitional provisions, savings, etc.) of, and paragraph 23 of Schedule 3 to, the Act, which substitutes Article 30(2) in the Child Support Order (concerning the collection of payments other than child support maintenance) are brought into operation on 3rd March 2003 (Article 7).
This Order does not impose any new costs on business.