OpenLegislation

Regulation 16 Prescription of termsF1I1

Northern Ireland

(1)

For the purposes of paragraph 3(1)(a) and (b) of Schedule 4B to the Order—

(a)

a court order means an order made—

(i)

under one or more of the statutory provisions listed in or prescribed under Article 10(11) of the Orderf1, and

(ii)

in connection with the transfer of property of a kind defined in paragraph (2);

(b)

an agreement means a written agreement made in connection with the transfer of property of a kind defined in paragraph (2).

(2)

Subject to paragraphs (3) and (4), for the purposes of paragraph 3(2) of Schedule 4B to the Order, a transfer of property is a transfer by the non-resident parent of his beneficial interest in any asset to the person with care, to the qualifying child, or to trustees where the object or one of the objects of the trust is the provision of maintenance.

(3)

Where a transfer of property would not have fallen within paragraph (2) when made but the Department is satisfied that some or all of the amount of that property was subsequently transferred to the person currently with care of the qualifying child, the transfer of that property to the person currently with care shall constitute a transfer of property for the purposes of paragraph 3 of Schedule 4B to the Order.

(4)

The minimum value for the purposes of paragraph 3(2) of Schedule 4B to the Order is the threshold amount which is F2£4,999·99.

Annotations

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)

F2

Sum in reg. 16(4) substituted (30.4.2002) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/164), regs. 1(1), 10(3)

Commencement

I1

Reg. 16 coming into operation in accordance with reg. 1(1)

Footnotes

f1

Article 10(11) was amended by paragraph 180 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))