The Child Support (Variations) Regulations (Northern Ireland) 2001

Value of a transfer of property—equivalent weekly value

17.—(1) Where the conditions specified in paragraph 3 of Schedule 4B to the Order are satisfied, the value of a transfer of property for the purposes of that paragraph shall be that part of the transfer made by the non-resident parent (making allowances for any transfer by the person with care to the non-resident parent) which the Department is satisfied is in lieu of periodical payments of maintenance.

(2) The Department shall, in determining the value of a transfer of property in accordance with paragraph (1), assume that, unless evidence to the contrary is provided to it—

(a) the person with care and the non-resident parent had equal beneficial interests in the asset in relation to which the court order or agreement was made;

(b) where the person with care was married to the non-resident parent, one half of the value of the transfer was a transfer for the benefit of the person with care; and

(c) where the person with care has never been married to the non-resident parent, none of the value of the transfer was for the benefit of the person with care.

(3) The equivalent weekly value of a transfer of property shall be determined in accordance with the provisions of the Schedule.

(4) For the purposes of regulation 16 and this regulation, the term “maintenance” means the normal day-to-day living expenses of the qualifying child.

(5) A variation falling within paragraph (1) shall cease to have effect at the end of the number of years of liability, as defined in paragraph 1 of the Schedule, for the case in question.