The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

Rejection of an application following preliminary consideration N.I.

56.—(1) The circumstances prescribed for the purposes of Article 28B(2)(c)(1) are—

(a) the applicant does not state a ground for variation or provide sufficient information to enable a ground to be identified;

(b) although a ground is stated, the Department is satisfied that the application would not be agreed to because—

(i) the facts alleged do not bring the case within the ground, or

(ii) no facts are alleged that would support the ground or could reasonably form the basis of further enquiries;

(c) a default maintenance decision is in force;

(d) the non-resident parent is liable to pay a flat rate or nil rate because either the non-resident parent or partner is in receipt of a benefit listed in regulation 43(2);

(e) in the case of an application made by the non-resident parent on the grounds mentioned in Chapter 2—

(i) the amount of the expenses does not exceed the relevant threshold,

(ii) the amount of maintenance for which the non-resident parent is liable is equal to or less than the flat rate referred to in paragraph 4(1) of Schedule 1 (or in that sub-paragraph as modified by regulations under paragraph 10A of that Schedule),

(iii) the amount of the non-resident parent’s gross weekly income would exceed the capped amount after deducting special expenses, or

(iv) the non-resident parent’s gross weekly income has been determined on the basis of regulation 41, or

(f) in the case of an application on any of the grounds mentioned in Chapter 3 the amount of the non-resident parent’s gross weekly income (without taking that ground into account) is the capped amount.

(2) The circumstances set out in paragraph (1) are circumstances prescribed for the purposes of Article 28F(3)(b)(2) in which the Department must not agree to a variation.

Commencement Information

I1 Reg. 56 comes into force in accordance with reg. 1

(1)

Article 28B was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 and is substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. See also S.R. 2001 No. 24

(2)

Article 28F was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995, is substituted by section 5(5) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008. See also S.R. 2001 No. 24