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The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

S.R. 2012/427 · Made 3 December 2012 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 15 March 2026.

Family Law

Child Support

Approved by resolution of the Assembly on 13th May 2013

Made 3rd December 2012

Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 3(1)(b), 4(3), 8(3), 14(4) and (5), 16(1) and (1A), 18(1), (4) and (6), 19(2), (3) and (5), 28ZA(2)(b) and (4)(c); 28ZB(6)(c) and (8), 28A(5), 28B(2)(c), 28C(2)(b) and (5), 28F(2)(b), (3)(b) and (5), 28G(2) and (3), 39, 47(1) and (2) and 48(4) of, and paragraphs 3(2) and (3), 4(1) and (2), 5, 5A(6)(b), 7(3), 8(2), 9, 10(1) and (2), 10C(2)(b) and 11 of Schedule 1, paragraphs 2, 4 and 5 of Schedule 4A and paragraphs 2(2) to (5) and 4 to 6 of Schedule 4B to, the Child Support (Northern Ireland) Order 1991f1, and now vested in itf2.C1

Annotations to the whole text

Modifications

C1

Rule modified (temp.) (10.12.2012) by The Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order (Northern Ireland) 2012 (S.R. 2012/440), art. 5

Footnotes

f1

S.I. 1991/2628 (N.I. 23); Article 3 is substituted by section 26 of the Child Maintenance Act (Northern Ireland) 2008 (c. 10 (N.I.)); Article 8(3) is amended by section 1(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); Article 14 was amended by paragraph 12 of Schedule 6 to Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and is substituted by section 4 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008; Article 16 is amended by section 12 of, and paragraph 16 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008; and paragraph (1A) is inserted by paragraph 3(1) of Schedule 3 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)); Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and paragraph (1) is amended by section 8(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998; Articles 28ZA and 28ZB were inserted by Article 43 of the Social Security (Northern Ireland) Order 1998; Articles 28A to 28C and 28F were inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 and are substituted by section 5 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Articles 28A and 28F are amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008; Article 28G was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 and is substituted by section 7 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 39 is amended by paragraph 11 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 47(2) is amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and section 1(2) of, and paragraph 27 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; in Schedule 1 Part 1 is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by paragraph 12 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and Schedules 1, 4 and 5 to the Child Maintenance Act (Northern Ireland) 2008 and paragraph 11 is amended by section 1(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Schedules 4A and 4B were inserted Article 3 of the Child Support (Northern Ireland) Order 1995 and are substituted by section 6 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and in Schedule 4A paragraph 5 and in Schedule 4B paragraph 2 is amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008. See also S.R. 2001 No. 24

f2

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

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AUse of electronic communications
  5. 3Meaning of “calculation decision”
  6. 4Meaning of “latest available tax year”
  7. 5Calculation – information applicable
  8. 6Rounding
  9. 7Service of documents
  10. 8Authorisation of representative
  11. Part 2: APPLICATION FOR A MAINTENANCE CALCULATION
  12. 9Applications under Article 7
  13. 10Multiple applications
  14. 11Notice of application
  15. Part 3: DECISION MAKING
  16. Chapter 1: MAKING THE MAINTENANCE CALCULATION
  17. 12Initial effective date
  18. 13Effect of variation applied for before a maintenance calculation is made
  19. Chapter 2: REVISION
  20. 14Grounds for revision
  21. 14AConsideration of revision before appeal
  22. 15Late application for a revision
  23. 16Effective date of a revision
  24. Chapter 3: SUPERSESSION
  25. 17Grounds for supersession
  26. 18Effective dates for supersession decisions
  27. Chapter 4: UPDATING GROSS WEEKLY INCOME
  28. 19Setting the review date
  29. 20Updating gross weekly income at the review date
  30. 21Updating unearned income at the review date
  31. 22Periodic current income check
  32. 2325 per cent. tolerance for changes outside annual review or periodic current income check
  33. Chapter 5: NOTIFICATION OF DECISIONS
  34. 24Notification – general
  35. 25Notification of a maintenance calculation
  36. 26Notification of a revision or supersession
  37. 27Notification of cessation of a maintenance calculation
  38. Chapter 5A: Accidental errors
  39. 27ACorrection of accidental errors
  40. Chapter 6: MISCELLANEOUS MATTERS RELATING TO APPEALS
  41. 28Decisions involving issues that arise on appeal in other cases
  42. 29Appeals involving issues that arise in other cases
  43. 30Tribunal decision made pending outcome of a related appeal
  44. 31Supersession of tribunal decision made in error due to misrepresentation etc.
  45. 32Supersession of look-alike case where law reinterpreted by a Child Support Commissioner or a court
  46. Part 4: THE MAINTENANCE CALCULATION RULES
  47. Chapter 1: DETERMINATION OF GROSS WEEKLY INCOME
  48. 33The general rule for determining gross weekly income
  49. 34Historic income – general
  50. 35Historic income – the HMRC figure
  51. 36Current income – general
  52. 37Current income as an employee or office-holder
  53. 38Current income from self-employment
  54. 39Deduction for pension contributions relievable at source
  55. 40Current income from a pension
  56. 41Estimate of current income where insufficient information available
  57. Chapter 2: RATES OF CHILD SUPPORT MAINTENANCE
  58. 42Reduced rate
  59. 43Flat rate
  60. 44Nil rate
  61. 45Decrease for shared care
  62. 46Assumption as to number of nights of shared care
  63. 47Non-resident parent party to another maintenance arrangement
  64. Chapter 3: DEFAULT MAINTENANCE DECISIONS
  65. 48Default rate
  66. Chapter 4: SPECIAL CASES
  67. 49Parent treated as a non-resident parent in shared care cases
  68. 50Child in care who is allowed to live with a parent
  69. 51Non-resident parent liable to maintain a child of the family or a child abroad
  70. 52Care provided in part by an authority
  71. 53Care provided for relevant other child by an authority
  72. 54Child who is a boarder or an in-patient in hospital
  73. Part 5: VARIATIONS
  74. Chapter 1: GENERAL
  75. 55Application for a variation
  76. 56Rejection of an application following preliminary consideration
  77. 57Provision of information
  78. 58Procedure in relation to a variation
  79. 59Factors not taken into account for the purposes of Article 28F
  80. 60Procedure on revision or supersession of a previously determined variation
  81. 61Regular payments condition
  82. Chapter 2: GROUNDS FOR VARIATION: SPECIAL EXPENSES
  83. 62Contact costs
  84. 63Illness or disability of relevant other child
  85. 64Prior debts
  86. 65Boarding school fees
  87. 66Payments in respect of certain mortgages, loans or insurance policies
  88. 67Thresholds
  89. Chapter 3: GROUNDS FOR VARIATION: ADDITIONAL INCOME
  90. 68Non-resident parent with unearned income
  91. 68AAssets exceeding a prescribed value
  92. 69Non-resident parent on a flat rate or nil rate with gross weekly income
  93. 70Diversion of income
  94. Chapter 4: EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION
  95. 71Effect on maintenance calculation – special expenses
  96. 72Effect on the maintenance calculation – additional income grounds
  97. 73Effect on maintenance calculation – general
  98. 74Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability
  99. Part 6
  100. Chapter: MEANING OF TERMS IN THE CHILD SUPPORT ORDER
  101. 75Meaning of “child” for the purposes of the Child Support Order
  102. 76Meaning of “relevant other child” for the purposes of the Child Support Order
  103. 77Persons who are not persons with care
  104. Signature
  105. Schedule: Electronic Communications
  106. Part 1: Use of Electronic Communications
  107. 1Use of electronic communications
  108. 2Conditions for the use of electronic communications
  109. 3Use of intermediaries
  110. Part 2: Evidential provisions
  111. 4Proof of delivery
  112. 5Proof of identity
  113. 6Proof of content
  114. 7Interpretation
  115. Explanatory note