Regulation 5 Amendment of the Child Support Departure Direction and Consequential Amendments RegulationsI1

Northern Ireland

(1)

The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996^f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

In regulation 1(2) (interpretation) in the definition of “official error”^f2 after “materially contributed” there shall be added “, but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or the court”.

(3)

In regulation 8^f3 (procedure in relation to the determination of an application) paragraph (8) shall be omitted.

(4)

In regulation 32A(2)(a)(i)^f4 (revision of decisions) for “the date from which the decision had effect” there shall be substituted “the date on which the decision was made”.

(5)

In regulation 32E (date from which a superseding decision takes effect)—

(a)

in paragraph (2) for “paragraphs (3) and (5)” there shall be substituted “paragraphs (3), (5) and (12)”;

(b)

in paragraph (3) at the beginning there shall be inserted “Subject to paragraph (12),”; and

(c)

after paragraph (11) there shall be added the following paragraph—

“(12)

Where a superseding decision is made in a case to which regulation 32D(2)(a) or (3) applies and the material circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, that decision shall take effect from the first day of the maintenance period in which the change occurred.”.

Annotations

Commencement

I1: Reg. 5 in operation at 19.6.2000, see reg. 1(1)

Footnotes

f1: S.R. 1996 No. 541; relevant amending regulations are S.R. 1999 No. 167
f2: The definition of “official error” was inserted by regulation 3(2)(b) of S.R. 1999 No. 167
f3: Paragraph (8) was amended by regulation 3(5)(b) of S.R. 1999 No. 167
f4: Regulations 32A and 32E were inserted by regulation 3(11) of S.R. 1999 No. 167