Explanatory note

These Regulations make transitional provisions in consequence of the amendments made to the Child Support (Northern Ireland) Order (“the Order”) by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the Act”).

Part I (regulations 1 and 2) deals with citation, commencement and interpretation. These Regulations come into operation according to the date on which section 28 of the Act is fully commenced.

Part II (regulations 3 to 8) makes provision for decision making and appeals in relation to maintenance assessments made with effect before the date the new child support system comes into force for new cases. In particular provision is made for a conversion decision under which the assessment under the previous scheme becomes a calculation under the new scheme.

Part III (regulations 9 to 28) makes transitional provision. It specifies those cases where a transitional amount, instead of the new amount, is payable during a transitional period beginning on the case conversion date as provided for in regulation 15. The new amount is determined by a conversion calculation, provided for in regulations 16 to 23, and the transitional amount is determined by applying the phasing amounts, specified in regulation 24, to the amount payable under the maintenance assessment, or the conversion calculation, as appropriate (regulations 10 and 11). Different transitional amounts apply in certain flat rate cases (regulations 12 and 13).

Regulation 16(2) provides for the dispute provisions of the Order, as amended by the Act, to apply to the conversion decision when made.

Regulation 25 provides for a maximum transitional amount to be payable of 30 per cent of the non-resident parent’s income.

Regulation 28 contains linking rules.

Part IV (regulations 29 to 32) concerns certain cases where a maintenance calculation follows a court order which provided for child maintenance and provides for the amount payable to be phased by reference to transitional amounts specified in regulation 31.

Part V contains savings provisions.

Articles 19 and 48 are some of the enabling provisions under which these Regulations are made. They are amended respectively by sections 9 and 24 of the Act, which were brought into operation, for the purpose only of making regulations, on 22nd November 2000 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C. 16)).

The impact on business of these Regulations was covered in the Regulatory Impact Assessment for the Act, in accordance with, and in consequence of which, these Regulations are made. A copy of that Assessment may be obtained, free of charge, from Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast BT4 3SQ.