Regulation 22 Effect on conversion calculation—maximum amount payable where relevant departure direction is on additional cases groundI1
Northern Ireland
Subject to regulation 23, where this regulation applies F1the new amount shall be whichever is the lesser of—
a weekly amount calculated by aggregating the first prescribed amount with the result of applying Part I of Schedule 1 to the Order to the additional income arising under the relevant departure direction; or
a weekly amount calculated by applying Part I of Schedule 1 to the Order to the aggregate of the additional income arising under the relevant departure direction and the weekly amount of any benefit, pension or allowance received by the non-resident parent which is prescribed for the purposes of paragraph 4(1)(b) of that Schedule.
This regulation applies where the relevant departure direction is one to which regulation 17(5) or (7) (additional cases) applies and the non-resident parent’s liability calculated as provided in Part I of Schedule 1 to the Order, and Regulations made under that Schedule, would, but for the relevant departure direction be—
the first prescribed amount;
the first prescribed amount but is less than that amount or nil, owing to the application of paragraph 8 of Part I of that Schedule; or
the first prescribed amount but for the application of paragraph 5(a) of that Schedule.
For the purposes of paragraph (1)—
“additional income” for the purposes of sub-paragraphs (a) and (b) means such income after the application of a relevant departure direction falling within regulation 17(2) or (3) (special expenses) F3or a relevant property transfer; and
“weekly amount” for the purposes of sub-paragraphs (a) and (b) means the aggregate of the amounts referred to in the relevant sub-paragraph—
adjusted as provided in regulation 23(3) as if the reference in that regulation to child support maintenance were to the weekly amount, and
after any deduction provided for in regulation 23(4) as if the reference in that regulation to child support maintenance were to the weekly amount; F4and
any benefit, pension or allowance referred to in sub-paragraph (b) shall not include –
in the case of industrial injuries benefit under section 94 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, any increase in that benefit under section 104 (constant attendance) or 105 (exceptionally severe disablement) of that Act;
in the case of a war disablement pension within the meaning in section 146(2) of that Act, any award under the following articles of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“the Service Pensions Order”): article 14 (constant attendance allowance), 15 (exceptionally severe disablement allowance), 16 (severe disablement occupational allowance) or 26A (mobility supplement) or any analogous allowance payable in conjunction with any other war disablement pension, and
any award under article 18 of the Service Pensions Order (unemployability allowances) which is an additional allowance in respect of a child of the non-resident parent where that child is not living with the non-resident parent.
Annotations
Textual amendments
- F1
Words in reg. 22(1) substituted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 9(10)
- F2
Reg. 22(1)(a)(b) 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(8)(a)
- F3
Words in reg. 22(3)(a) 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(8)(b)(i)
- F4
Reg. 22(3)(c) and word added (21.2.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(a), 10(8)(b)(ii)