The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

CHAPTER 5 N.I. NOTIFICATION OF DECISIONS

Notification – general N.I.

24.—(1) Notification of a decision made by the Department under Article 13, 14 or 19 or of any revision of such a decision under Article 18 must be given to the parties in accordance with this Chapter.

(2) Any such notification must include information as to the provisions relating to the revision and supersession of, and appeals from, decisions made under the Child Support Order.

Commencement Information

I1 Reg. 24 comes into force in accordance with reg. 1

Notification of a maintenance calculation N.I.

25.—(1) Notification of a decision made under Article 13 or 14(2)(1) must set out—

(a) the effective date of the maintenance calculation;

(b) where relevant, the non-resident parent’s gross weekly income, including—

(i) whether that is based on historic income or current income, and

(ii) if based on current income, whether that income has been estimated in accordance with regulation 41;

(c) the number of qualifying children;

(d) the number of relevant other children;

(e) the weekly rate;

(f) the amounts calculated in accordance with Part 1 of Schedule 1(2) and, where there has been an agreement to a variation or a variation has otherwise been taken into account, Part 5 of these Regulations;

(g) where the weekly rate is adjusted by apportionment or to take account of shared care;

(h) where the amount of child support maintenance is decreased—

(i) to take account of a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 1; or

(ii) in accordance with regulation 51 or 52.

(2) A notification of a maintenance calculation made under Article 14(1) must set out—

(a) the effective date of the maintenance calculation;

(b) the default rate;

(c) the number of qualifying children on which the rate is based; and

(d) whether apportionment has been applied under regulation 48,

and must state the nature of the information required to enable a calculation decision to be made.

(3) Except with the written permission of the person concerned, a notice under this regulation must not include—

(a) the address of any person other than the recipient of the notice (other than the address of the relevant office of the Department) or any other information the use of which could reasonably be expected to lead to any such persons being located; and

(b) any other information the use of which could reasonably be expected to lead to any person other than the qualifying child or a party to the application being identified.

Commencement Information

I2 Reg. 25 comes into force in accordance with reg. 1

Notification of a revision or supersession N.I.

26.—(1) A notification of a decision made following the revision or supersession of a decision made under Article 13, 14 or 19, whether as originally made or revised under Article 18, must, subject to the qualification in regulation 25(3), set out the information mentioned in regulation 25(1) and (2) in relation to the decision in question.

(2) The requirement in paragraph (1) does not apply where the Department has decided not to supersede a decision and in that case the Department must, where appropriate and as far as reasonably practicable, notify the parties of that decision.

Commencement Information

I3 Reg. 26 comes into force in accordance with reg. 1

Notification of cessation of a maintenance calculation N.I.

27.  Where the Department decides that a maintenance calculation has ceased or is to cease to have effect, the Department must immediately notify the non-resident parent and person with care so far as that is reasonably practicable.

Commencement Information

I4 Reg. 27 comes into force in accordance with reg. 1

(1)

Paragraph (2) was amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008

(2)

Part I was amended by paragraph 4(7) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 32(1) and (2) of Schedule 6 to the Social Security (Northern Ireland) Order 1998, paragraphs 10 and 11 of Schedule 24 to the Civil Partnership Act 2004 and paragraph 2(8) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and 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 and Schedule 1 to the Child Maintenance Act (Northern Ireland ) 2008