The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

CHAPTER 2 N.I. RATES OF CHILD SUPPORT MAINTENANCE

Reduced rate N.I.

42.  The reduced rate is an amount calculated as follows—

F + (A x T)
where—
F	is the flat rate liability applicable to the non-resident parent;
A	is the amount of the non-resident parent’s gross weekly income between £100 and £200; and
T	is the percentage determined in accordance with the following Table—
			Number of relevant other children of the non-resident parent			T (%)
	1 qualifying child of the non-resident parent			0		19
				1		16.4
				2		15.6
				3 or more		15.2
	2 qualifying children of the non-resident parent			0		27
				1		23.5
				2		22.5
				3 or more		21.9
	3 or more qualifying children of the non-resident parent			0		33
				1		28.8
				2		27.7
				3 or more		26.9.

Commencement Information

I1 Reg. 42 comes into force in accordance with reg. 1

Flat rate N.I.

43.—(1) The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1—

(a) under the Contributions and Benefits Act—

(i) bereavement allowance,

(ii) category A retirement pension,

(iii) category B retirement pension,

(iv) category C and category D retirement pension,

(v) incapacity benefit,

(vi) carer’s allowance,

(vii) maternity allowance,

(viii) severe disablement allowance,

(ix) industrial injuries benefit,

(x) widowed mother’s allowance,

(xi) widowed parent’s allowance, and

(xii) widow’s pension;

(b) contribution-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995(1);

(c) a social security benefit paid by a country other than the United Kingdom;

(d) a training allowance (other than in respect of a relevant training scheme);

(e) a war disablement pension within the meaning of section 146(2) of the Contributions and Benefits Act(2) or a pension which is analogous to such a pension paid by the government of a country outside the United Kingdom;

(f) a war widow’s pension within the meaning of that section, or a war widower’s pension or surviving civil partner’s war pension;

(g) a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004(3); and

(h) contributory employment and support allowance.

(2) The following benefits are prescribed for the purposes of paragraph 4(1)(c) of Schedule 1—

(a) income support;

(b) income-based jobseeker’s allowance;

(c) income-related employment and support allowance; and

(d) state pension credit.

(3) Where the conditions referred to in paragraph 4(2) of Schedule 1 are satisfied the flat rate of maintenance payable is half the flat rate that would otherwise apply.

(4) In paragraph (1)(d) “training allowance” means a payment under section 1 of the Employment and Training Act (Northern Ireland) 1950(4) which is paid to a person for that person’s maintenance while undergoing training.

Commencement Information

I2 Reg. 43 comes into force in accordance with reg. 1

Nil rate N.I.

44.—(1) The nil rate is payable where the non-resident parent is—

(a) a child;

(b) a prisoner or a person serving a sentence of imprisonment detained in hospital;

(c) a person who is 16 or 17 years old and—

(i) in receipt of income support, income-based jobseeker’s allowance or income-related employment and support allowance, or

(ii) a member of a couple whose partner is in receipt of income support, income-based jobseeker’s allowance or income-related employment and support allowance;

(d) a person receiving an allowance in respect of a relevant training scheme; or

(e) a person who is resident in a residential care home, nursing home or an independent hospital who—

(i) is in receipt of a pension, benefit or allowance specified in regulation 43(1) or (2), or

(ii) has the whole or part of the cost of the accommodation met by the Regional Health and Social Care Board or an HSC trust.

(2) For the purposes only of determining whether paragraph 5(b) of Schedule 1(5) applies, the gross weekly income of the non-resident parent is to include any payments made by way of benefits, pensions and allowances referred to in regulation 43(1) or (2).

(3) In this regulation—

an “HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(6), by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994;

“independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(7);

“nursing home” has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“person serving a sentence of imprisonment detained in hospital” means a person who—

(a)

is being detained under Article 53 of the Mental Health (Northern Ireland) Order 1986(8); and

(b)

in any case where there is in relation to that person a release date within the meaning of Article 56(3) of that Order, is being detained on or before the day which the Department certifies to be that release date;

“prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under sentence imposed by court other than a person who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986;

“the Regional Health and Social Care Board” means the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(9);

“residential care home” has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Commencement Information

I3 Reg. 44 comes into force in accordance with reg. 1

Decrease for shared care N.I.

45.—(1) This regulation and regulation 46 apply where the Department determines the number of nights which count for the purposes of the decrease in the amount of child support maintenance under paragraphs 7 and 8 of Schedule 1(10).

(2) Subject to paragraph (3), the determination is to be based on the number of nights for which the non-resident parent is expected to have the care of the qualifying child overnight during the 12 months beginning with the effective date of the relevant calculation decision.

(3) The Department may have regard to a period of less than 12 months where it considers a shorter period is appropriate (for example where the parties have an agreement in relation to a shorter period) and, if the Department does so, paragraphs 7(3) and 8(2) of Schedule 1 are to have effect as if—

(a) the period mentioned there were that shorter period; and

(b) the number of nights mentioned in the Table in paragraph 7(4), or in paragraph 8(2), of that Schedule were reduced proportionately.

(4) When making a determination under paragraphs (1) to (3) the Department must consider—

(a) the terms of any agreement made between the parties or of any court order providing for contact between the non-resident parent and the qualifying child; or

(b) if there is no agreement or court order, whether a pattern of shared care has already been established over the past 12 months (or such other period as the Department considers appropriate in the circumstances of the case).

(5) For the purposes of this regulation—

(a) a night will count where the non-resident parent has the care of the qualifying child overnight and the child stays at the same address as the non-resident parent;

(b) the non-resident parent has the care of the qualifying child when the non-resident parent is looking after the child; and

(c) where, on a particular night, a child is a boarder at a boarding school, or an in-patient in a hospital, the person who would, but for those circumstances, have the care of the child for that night, shall be treated as having care of the child for that night.

Commencement Information

I4 Reg. 45 comes into force in accordance with reg. 1

Assumption as to number of nights of shared care N.I.

46.—(1) This regulation applies where the Department is required to make a determination under regulation 45 for the purposes of a calculation decision.

(2) If it appears to the Department that—

(a) the parties agree in principle that the care of a qualifying child is to be shared during the period mentioned in regulation 45(2) or (3); but

(b) there is insufficient evidence to make that determination on the basis set out in regulation 45(4) (for example because the parties have not yet agreed the pattern of frequency or the evidence as to a past pattern is disputed),

the Department may make the decision on the basis of an assumption that the non-resident parent is to have the care of the child overnight for one night per week.

(3) Where the Department makes a decision under paragraph (2) the assumption applies until an application is made under Article 19 for a supersession of that decision and the evidence provided is sufficient to enable a determination to be made on the basis set out in regulation 45(4).

Commencement Information

I5 Reg. 46 comes into force in accordance with reg. 1

Non-resident parent party to another maintenance arrangement N.I.

47.—(1) An agreement described in paragraph (2) is an agreement of a prescribed description for the purposes of paragraph 5A(6)(b) of Schedule 1(11).

(2) The agreement may be oral or written and satisfy the following conditions—

(a) it must relate to a child of the non-resident parent who is habitually resident in the UK;

(b) it must be between the non-resident parent and a person with whom the child resides (but not in the same household as the non-resident parent) and who usually provides day to day care for that child; and

(c) it must provide for the non-resident parent to make regular payments for the benefit of the child.

(3) The payments mentioned in paragraph (2)(c) may include payments made by the non-resident parent direct to the person mentioned in paragraph (2)(b) or payments to other persons.

Commencement Information

I6 Reg. 47 comes into force in accordance with reg. 1

(1)

S.I. 1995/2705 (N.I. 15)

(2)

The definition of “war disablement pension” was amended by paragraph 201(3) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 and the definition of “war widow’s pension” was amended by paragraph 201(4) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 and paragraph 102(2) of Schedule 24 to the Civil Partnership Act 2004

(3)

2004 c. 32

(4)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

(5)

Part 1 is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 5 of Schedule 1 was amended by paragraph 2 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008

(6)

S.I. 1991/194 (N.I. 1); Article 10 was amended by Schedule 2 to the Health Services (Primary Care) (Northern Ireland) Order 1997 (S.I. 1997/1177 (N.I. 7)) and section 43 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I.))

(7)

S.I. 2003/431 (N.I. 9)

(8)

S.I. 1986/595 (N.I. 4); Article 53 was amended by paragraph 27 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) and Article 56(3) was substituted by section 296(3) of the Criminal Justice Act 2003 (c. 44) and amended by paragraph 28 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998

(9)

2009 c. 1 (N.I.)

(10)

Paragraphs 7 and 8 are substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 7 is amended by paragraph 6 of Schedule 1 and paragraph 1(25) of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008 and paragraph 8 by paragraph 7 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008

(11)

Paragraph 5A is inserted by paragraph 5(2) of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008