{
  "url": "https://openlegislation.uk/child-support-variations-regulations-northern-ireland-2001/regulation-11",
  "json_url": "https://openlegislation.uk/child-support-variations-regulations-northern-ireland-2001/regulation-11.json",
  "legislation": "nisr/2001/20",
  "legislation_title": "The Child Support (Variations) Regulations (Northern Ireland) 2001",
  "legislation_url": "https://openlegislation.uk/child-support-variations-regulations-northern-ireland-2001",
  "path": "regulation/11",
  "kind": "regulation",
  "number": "11",
  "heading": "Special expenses — illness or disability of relevant other child",
  "text": "(1) Subject to paragraphs (2) and (3), expenses necessarily incurred by the non-resident parent in respect of the items listed in sub-paragraphs (a) to (m) due to the long-term illness or disability of a relevant other child shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order—\n(a) personal care and attendance;\n(b) personal communication needs;\n(c) mobility;\n(d) domestic help;\n(e) medical aids where these cannot be provided as part of health services;\n(f) heating;\n(g) clothing;\n(h) laundry requirements;\n(i) payments for food essential to comply with a diet recommended by a medical practitioner;\n(j) adaptations required to the non-resident parent’s home;\n(k) day care;\n(l) rehabilitation; or\n(m) respite care.\n(2) For the purposes of this regulation and regulation 10—\n(a) a person is “disabled” for a period in respect of which—\n(i) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, an attendance allowance, disability living allowance , personal independence payment or a mobility supplement is paid to or in respect of him;\n(ii) he would receive an attendance allowance or disability living allowance if it were not for the fact that he is a patient, though remaining part of the applicant’s family, ...\n(iii) he is registered blind or treated as blind within the meaning of paragraph 13 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987; or\n(iv) he would receive personal independence payment but for regulations under Article 91(1) of the Welfare Reform (Northern Ireland) Order 2015 (hospital in-patients) and he remains part of the applicant’s family;\nand for the purpose of this sub-paragraph—\n(i) “attendance allowance” means an allowance payable under section 64 of the Contributions and Benefits Act or an increase of disablement pension under section 104 of that Act, or an award under article 14 of the Service Pensions Order or any analogous allowance payable in conjunction with any other war disablement pension within the meaning of section 146(2) of the Contributions and Benefits Act;\n(ii) “disability living allowance” means an allowance payable under section 72 of the Contributions and Benefits Act;\n(iia) “personal independence payment” means an allowance payable under Article 83 of the Welfare Reform (Northern Ireland) Order 2015 (daily living component);\n(iii) “mobility supplement” means an award under article 26A of the Service Pensions Order or any analogous allowance payable in conjunction with any other war disablement pension within the meaning of section 146(2) of the Contributions and Benefits Act;\n(iv) “patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a juvenile justice centre within the meaning of Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 or a young offenders centre within the meaning of section 2 of the Treatment of Offenders Act (Northern Ireland)1968) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975;\n(b) “health services” has the same meaning as in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;\n(c) “long-term illness” means an illness from which the non-resident parent or child is suffering at the date of the application or the date from which the variation, if agreed, would take effect and which is likely to last for at least 52 weeks from that date, or, if likely to be shorter than 52 weeks, for the remainder of the life of that person; and\n(d) “relevant other child” has the meaning given in paragraph 10C(2) of Schedule 1 to the Order and Regulations made under that paragraph.\n(3) Where, at the date on which the non-resident parent makes the variation application—\n(a) he or a member of his household has received, or at that date is in receipt of, or where he or the member of his household will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child; or\n(b) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, a disability living allowance or personal independence payment is received by the non-resident parent or the member of his household on behalf of the relevant other child,\nonly the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the payment or allowance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 11(2)(a)(i) substituted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 21(2)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 11(2)(a)(i) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 23(a)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in reg. 11(2)(a)(ii) omitted (20.6.2016) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 23(a)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 11(2)(a)(iv) and word inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 23(a)(iii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 11(2)(a)(iia) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 23(a)(iv)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 11(3) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 23(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 11 coming into operation in accordance with reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 1987 No. 459; Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Article 26A was inserted by article 4 of S.I. 1983/1116 and amended by S.I. 1983/1821, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766 and 1997/286"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1998/1504 (N.I. 9)"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1968 c. 29; section 2 was amended by the Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15)) and the Criminal Justice (Children) (Northern Ireland) Order 1998"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.R. 1975 No. 109; relevant amending regulations are S.R. 1992 No. 453"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.I. 1972/1265 (N.I. 14)"
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Paragraphs 1 to 10C were substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2001/20/regulation/11",
    "retrieved_at": "2026-10-29T02:13:17.536232+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}