The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

2.—(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (commencement, citation and interpretation) –

(a) after the definition of “effective date” there shall be inserted the following definition –

““family” has the same meaning as in the Maintenance Assessments and Special Cases Regulations(2);”; and

(b) after the definition of “the parent concerned” there shall be inserted the following definition –

““partner” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;”.

(3) In regulation 8(3) (categories of interim maintenance assessment) paragraph (4) shall be omitted.

(4) In regulation 19(3)(4) (supersession of decisions) after “where paragraph (8) applies,” there shall be inserted “but subject to regulation 22(22),”.

(5) In regulation 22(5) (date from which a superseding decision takes effect) after paragraph (20) there shall be added the following paragraphs –

“(21) Where a superseding decision is made in a case to which regulation 19(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance assessment was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be that person with care in relation to that qualifying child.

(22) Regulation 20 shall not apply where a superseding decision is made under regulation 19(3) in the circumstances set out in paragraph (19) or (21).”.

(1)

S.R. 1992 No. 340; relevant amending rules are S.R. 1995 No. 475, S.R. 1999 Nos. 167 and 246 (C. 20), S.R. 2000 No. 215 and S.R. 2003 No. 224; S.R. 1992 No. 340 is revoked, with savings, by regulation 29 of S.R. 2001 No. 17

(2)

The definition of “family” in S.R. 1992 No. 341 was substituted by regulation 4(2) of S.R. 1996 No. 317 and amended by regulation 3(2)(a)(iii) of S.R. 1996 No. 590

(3)

Regulation 8 was substituted by regulation 3(3) of S.R. 1995 No. 475 and amended by regulation 2(4) of S.R. 1999 No. 167 and Article 8(2) of S.R. 1999 No. 246 (C. 20)

(4)

Regulation 19 was substituted by regulation 2(12) of S.R. 1999 No. 167 and amended by regulation 4(4) of S.R. 2000 No. 215 and regulation 5(2) of S.R. 2003 No. 224

(5)

Regulation 22 was substituted by regulation 2(12) of S.R. 1999 No. 167 and amended by Article 8(4) of S.R. 1999 No. 246 (C. 20), regulation 4(5) of S.R. 2000 No. 215 and regulation 5(3) of S.R. 2003 No. 224