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The Child Support (Variations) Regulations (Northern Ireland) 2001

S.R. 2001/20 · Made 23 January 2001 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 20 June 2016.

FAMILY LAW

CHILD SUPPORT

Made 23rd January 2001

Approved by resolution of the Assembly on 29th May 2001

Coming into operation in accordance with regulation 1(1)

F1The Department for Social Development, in exercise of the powers conferred by Articles 28A(5), 28B(2)(c), 28C(2)(b) and (5), 28E(1) and (5), 28F(2)(b) and (3)(b), 28G(3), 47 and 48(4) of, and paragraphs 1, 2(a), 4 and 5(1) of Schedule 4A and paragraphs 2(2) to (5), 3(1) and (2), 4, 5(1) and (3) to (5) and 6 of Schedule 4B to, the Child Support (Northern Ireland) Order 1991f1 and now vested in itf2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:C1

Annotations to the whole text

Textual amendments

F1

Regulations revoked (coming into operation in accordance with reg. 1(1)(c) of the amending Rule) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

Modifications

C1

Regulations applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 3

Footnotes

f1

S.I. 1991/2628 (N.I. 23); Articles 28A to 28C and 28F were substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I)), Article 28E was inserted by Article 3 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702(N.I. 13)) and amended by section 5(4) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Article 28G was substituted by section 7 of, and Schedules 4A and 4B were substituted by section 6 of, and Schedule 2 to, that Act. Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

f2

See Article 8(b) of S.R. 1999 No. 481

Contents

  1. Part I: General
  2. 1Citation, commencement and interpretation
  3. 2Documents
  4. 3Determination of amounts
  5. Part II: Application and Determination Procedure
  6. 4Application for a variation
  7. 5Amendment or withdrawal of application
  8. 6Rejection of an application following preliminary consideration
  9. 7Prescribed circumstances
  10. 8Provision of information
  11. 9Procedure in relation to the determination of an application
  12. Part III: Special Expenses
  13. 10Special expenses — contact costs
  14. 11Special expenses — illness or disability of relevant other child
  15. 12Special expenses — prior debts
  16. 13Special expenses — boarding school fees
  17. 14Special expenses—payments in respect of certain mortgages, loans or insurance policies
  18. 15Thresholds for and reduction of amount of special expenses
  19. Part IV: Property or Capital Transfers
  20. 16Prescription of terms
  21. 17Value of a transfer of property—equivalent weekly value
  22. Part V: Additional Cases
  23. 18Assets
  24. 19Income not taken into account and diversion of income
  25. 20Life-style inconsistent with declared income
  26. Part VI: Factors to be taken into account for the purposes of Article 28F of the Order
  27. 21Factors to be taken into account and not to be taken into account
  28. Part VII: Effect of a Variation on the Maintenance Calculation and Effective Dates
  29. 22Effective dates
  30. 23Effect on maintenance calculation—special expenses
  31. 24Effect on maintenance calculation—property or capital transfer
  32. 25Effect on maintenance calculation—additional cases
  33. 26Effect on maintenance calculation—maximum amount payable where the variation is on additional cases ground
  34. 27Effect on maintenance calculation—general
  35. 28Transitional provisions—conversion decisions
  36. 29Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability
  37. 30Circumstances for the purposes of Article 28F(3) of the Order
  38. Part VIII: Miscellaneous
  39. 31Regular payments condition
  40. 32Meaning of “benefit” for the purposes of Article 28E of the Order
  41. Part IX: Revocation
  42. 33Revocation and savings
  43. Signature
  44. Schedule: Equivalent weekly value of a transfer of property
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. Explanatory note