OpenLegislation

Regulation 16 Conversion calculation and conversion decisionI1

Northern Ireland

(1)

A conversion calculation by the Department shall be made—

(a)

in accordance with Part I of Schedule 1 to the Order;

F1(b)

taking into account the information used in accordance with regulation 3(2); and

(c)

taking into account any relevant departure direction or any relevant property transfer as provided in regulations 17 to F223A.

(2)

A conversion decision shall be treated for the purposes of any revision, supersession, appeal or application for a variation under Article 18, 19, 22 or 28G of the Orderf1 and Regulations made in connection with such matters, as a decision under Article 13 of the Order made with effect from the date of notification of that decision and, where a conversion decision has been made, the case shall for those purposes be treated as if there were a maintenance calculation in force.

F3(2A)

For the purposes of Articles 29 to 38B of the Order and regulations made under or by virtue of those Articles, a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.

F4(2B)

For the purposes of regulation 2 of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations (Northern Ireland) 1996 (interpretation for the purposes of section 72A of the Act), a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.

F5(2C)

For the purposes of regulations 9 and 10 of the Arrears, Interest and Adjustment Regulations, a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.

(3)

A F6conversion decision shall become a maintenance calculation when the transitional period ends or, if later, any relevant property transfer taken into account in F7the conversion calculation ceases to have effect.

Annotations

Textual amendments

F1

Reg. 16(1)(b) substituted (7.10.2004) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/428), regs. 1(1), 8(8)(a)

F2

Word in reg. 16(1)(c) substituted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 10(7)(a)

F3

Reg. 16(2A) inserted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 10(7)(b)

F4

Reg. 16(2B) inserted (3.3.2003) by The Child Support and Social Security (Transitional Provision) (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/91), regs. 1, 3

F5

Reg. 16(2C) inserted (7.10.2004) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/428), regs. 1(1), 8(8)(b)

F6

Words in reg. 16(3) substituted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 10(7)(c)(i)

F7

Words in reg. 16(3) substituted (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 10(7)(c)(ii)

Commencement

I1

Reg. 16 icomes into operation in accordance with reg. 1

Footnotes

f1

Articles 18, 19 and 22 were substituted by Articles 40 to 42 of the Social Security (Northern Ireland) Order 1998, Articles 18 and 19 are amended by sections 8 and 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Article 22 is further substituted by section 10 of that Act. Article 28G is inserted by section 7 of that Act