# The Child Support (Variations) Regulations (Northern Ireland) 2001, Regulation 7: Prescribed circumstances

Extent: N.I.

(1) This regulation applies where an application for a variation is made under Article 28A or 28G of the Order and—
(a) the application is made by a relevant person and a circumstance set out in paragraph (2) applies at the relevant date;
(b) the application is made by a non-resident parent and a circumstance set out in paragraph (3) or (4) applies at the relevant date;
(c) the application is made by a person with care, on a ground in paragraph 4 of Schedule 4B to the Order (additional cases) and a circumstance set out in paragraph (5) applies at the relevant date; or
(d) the application is made by a non-resident parent on a ground in paragraph 2 of Schedule 4B to the Order (special expenses) and a circumstance set out in paragraph (6) applies at the relevant date.
(2) The circumstances for the purposes of this paragraph are that—
(a) a default maintenance decision is in force with respect to the non-resident parent;
(b) the non-resident parent is liable to pay the flat rate of child support maintenance owing to the application of paragraph 4(1)(c) of Schedule 1 to the Order, or would be so liable but is liable to pay less than that amount, or nil, owing to the application of paragraph 8 of Schedule 1 to the Order, or the Transitional Regulations; or
(c) the non-resident parent is liable to pay child support maintenance at a flat rate of a prescribed amount owing to the application of paragraph 4(2) of Schedule 1 to the Order, or would be so liable but is liable to pay less than that amount, or nil, owing to the application of paragraph 8 of Schedule 1 to the Order, or the Transitional Regulations.
(3) The circumstances for the purposes of this paragraph are that the non-resident parent is liable to pay child support maintenance —
(a) at the nil rate owing to the application of paragraph 5 of Schedule 1 to the Order;
(b) at a flat rate owing to the application of paragraph 4(1)(a) of Schedule 1 to the Order, including where the net weekly income of the non-resident parent which is taken into account for the purposes of a maintenance calculation in force in respect of him is £100 per week or less owing to a variation being taken into account or to the application of regulation 18, 19 or 21of the Transitional Regulations (reduction for relevant departure direction or relevant property transfer); or
(c) at a flat rate owing to the application of paragraph 4(1)(b) of Schedule 1 to the Order, or would be so liable but is liable to pay less than that amount, or nil, owing to the application of paragraph 8 of Schedule 1 to the Order, or the Transitional Regulations.
(4) The circumstances for the purposes of this paragraph are that the non-resident parent is liable to pay an amount of child support maintenance at a rate—
(a) of £5 per week or such other amount as may be prescribed owing to the application of paragraph 7(7) of Schedule 1 to the Order (shared care); or
(b) equivalent to the flat rate provided for in, or prescribed for the purposes of, paragraph 4(1)(b) of Schedule 1 to the Order owing to the application of—
(i) regulation 27(5);
(ii) regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by an authority), or
(iii) regulation 23(5) of the Transitional Regulations (effect of relevant departure direction on conversion calculation—general).
(5) The circumstances for the purposes of this paragraph are that—
(a) the amount of the net weekly income of the non-resident parent to which the Department had regard when making the maintenance calculation was the capped amount; or
(b) the non-resident parent or a partner of his is in receipt of working tax credit under section 10 of the Tax Credits Act 2002 ....
(6) The circumstances for the purposes of this paragraph are that the amount of the net weekly income of the non-resident parent to which the Department would have regard after deducting the amount of the special expenses would exceed the capped amount.
(7) For the purposes of paragraph (1), the “relevant date” means the date from which, if the variation were agreed and the application had been made under Article 28G of the Order, the decision under Article 18 or 19 of the Order, as the case may be, would take effect and if the variation were agreed, and the application had been made under Article 28A of the Order, the decision under Article 13 of the Order would take effect.

---
Source: https://www.legislation.gov.uk/nisr/2001/20/regulation/7 (the official version)
Page: https://openlegislation.uk/child-support-variations-regulations-northern-ireland-2001/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.