Regulation 28 Linking provisionsI1
Northern Ireland
F1Subject to paragraph (2A), where after the commencement date but before the conversion date, an application for a maintenance calculation is made F2... and within the relevant period a maintenance assessment was in force in relation to the same qualifying child, non-resident parent and person with care—
the application shall be treated as an application for a maintenance assessment; and
any maintenance assessment made in response to the application shall be an assessment to which regulations 9 to 28 apply.
F3Subject to paragraph (2A), where, after the conversion date, an application for a maintenance calculation is made ..., and within the relevant period a maintenance assessment (“the previous assessment”) had been in force in relation to the same qualifying child, non-resident parent and person with care but had ceased to have effect—
the amount of child support maintenance payable by the non-resident parent from the effective date of the maintenance calculation made in response to the application shall be calculated in the same way that a conversion calculation would have been made had the previous assessment been in force on the date the calculation is made; and
the provisions of regulations 9 to 28 shall apply accordingly, including the application where appropriate of transitional amounts, phasing amounts and a transitional period, which for this purpose shall begin on the date which would have been the case conversion date in relation to the previous assessment.
Paragraph (1) or (2) shall not apply where, before any application for a maintenance calculation of a type referred to in paragraph (1) or (2) is made F5..., an application for a maintenance calculation is made ... in relation to either the person with care or the non-resident parent (but not both of them) to whom the maintenance assessment referred to in paragraph (1) or (2) related.
For the purposes of paragraphs (1) and (2) “the relevant period” means 13 weeks prior to the date that the application for the maintenance calculation is made F6....
This paragraph applies where—
the non-resident parent is liable to pay child support maintenance of a transitional amount and there is, during the transitional period, a subsequent decision (in this regulation referred to as “the first subsequent decision”) as a result of which the non-resident parent is liable to pay child support maintenance F7at—
the first or second prescribed amount;
what would be an amount referred to in head (i) but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Order, or
the nil rate; and
a second subsequent decision is made with an effective date no later than 13 weeks after the effective date of the first subsequent decision the effect of which would be that the non-resident parent would be liable to pay child support maintenance at other than F8a rate referred to in sub-paragraph (a).
F9Subject to paragraph (5A), where paragraph (4) applies the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the second subsequent decision shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision and, where appropriate, applying a phasing amount, as if the first subsequent decision had not occurred.
Paragraph (5) shall not apply where, before any second subsequent decision is made, an application for a maintenance calculation is made F11... in relation to either the person with care or the non-resident parent (but not both of them) to whom the first subsequent decision referred to in paragraph (4) related.
This paragraph applies where during the transitional period a F12conversion decision ceases to have effect.
F13Subject to paragraph (7A), where paragraph (6) applies and no later than 13 weeks after the F14conversion decision ceases to have effect an application for a maintenance calculation is madeF15... in relation to the same person with care, non-resident parent and qualifying child, the amount of child support maintenance the non-resident parent is liable to pay from the effective date of the new maintenance calculation shall be a transitional amount or, where applicable, the new amount, calculated by making a subsequent decision in relation to the conversion decision as if it had not ceased to have effect, and applying a phasing amount where appropriate.
Paragraph (7) shall not apply where, before an application for a maintenance calculation of a type referred to in that paragraph is made F17..., an application for a maintenance calculation is made ... in relation to either the person with care or the non-resident parent (but not both of them) to whom the F18conversion decision referred to in that paragraph related.
F19Subject to paragraph (9), where—
a F21conversion decision is in force, or pursuant to regulation 16(3) a maintenance calculation is in force, (“the calculation”) and the new amount—
is the first or second prescribed amount;
would be an amount referred to in head (i), but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Order, or
is the nil rate;
after the case conversion date a subsequent decision is made;
but for the application of this regulation the subsequent decision amount would be a basic or reduced rate of child support maintenance; and
within 13 weeks prior to the effective date of the subsequent decision a maintenance assessment was in force in relation to the same non-resident parent, person with care and qualifying child, under which the amount payable by the non-resident parent (“the previous assessment”) was more than the amount prescribed for the purposes of paragraph 7 of Schedule 1 to the former Order,
the subsequent decision amount shall be calculated by making a subsequent decision in relation to the previous assessment as if the assessment were in force, and applying a phasing amount, where appropriate.
Paragraph (8) shall not apply where, before a subsequent decision of a type referred to in paragraph (8)(b) is made, an application for a maintenance calculation is made F23... in relation to the person with care or the non-resident parent (but not both of them) to whom the calculation relates.
Annotations
Textual amendments
- F1
Words in reg. 28(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(15)(a)
- F2
Words in reg. 28(1)(2) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 7(1)(e)
- F3
Words in reg. 28(2) 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(15)(a)
- F4
Reg. 28(2A) inserted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 9(15)(b)
- F5
Words in reg. 28(2A) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 7(1)(e)
- F6
Words in reg. 28(3) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 7(1)(e)
- F7
Words in reg. 28(4)(a) 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(15)(c)(i)
- F8
Words in reg. 28(4)(b) 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(15)(c)(ii)
- F9
Words in reg. 28(5) 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(15)(d)
- F10
Reg. 28(5A) inserted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 9(15)(e)
- F11
Words in reg. 28(5A) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 7(1)(e)
- F12
Words in reg. 28(6) 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(12)
- F13
Words in reg. 28(7) 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(15)(f)
- F14
Words in reg. 28(7) 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(12)
- F15
Words in reg. 28(7) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 7(2)
- F16
Reg. 28(7A) inserted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 9(15)(g)
- F17
Words in reg. 28(7A) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 7(1)(e)
- F18
Words in reg. 28(7A) 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(12)
- F19
Words in reg. 28(8) 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(15)(h)(i)
- F20
Reg. 28(8)(a) 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(15)(h)(ii)
- F21
Words in reg. 28(8)(a) 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(12)
- F22
Reg. 28(9) added (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 9(15)(i)
- F23
Words in reg. 28(9) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/404), regs. 1, 7(1)(e)