The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996

Costs incurred in supporting certain children

18.—(1) The costs incurred by a parent in supporting a child who is not his child but who is part of his family (a “relevant child”) shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order if the conditions set out in paragraph (2) are satisfied and shall, if those conditions are satisfied, equal the amount specified in paragraph (3).

(2) The conditions referred to in paragraph (1) are—

(a) the child became a relevant child prior to 5th April 1993;

(b) subject to paragraph (7), the liability of the absent parent of a relevant child to pay maintenance to or for the benefit of that child under a court order, a written maintenance agreement or a maintenance assessment is less than the amount specified in paragraph (4), or there is no such liability; and

(c) the net income of the parent’s current partner where the relevant child is the child of that partner, calculated in accordance with paragraph (5), is less than the amount calculated in accordance with paragraph (6) (“the partner’s outgoings”).

(3) The amount referred to in paragraph (1) constituting special expenses for a case falling within this regulation is the difference between the amount specified in paragraph (4) and, subject to paragraph (7), the liability of the absent parent of a relevant child to pay maintenance of a kind mentioned in paragraph (2)(b), and if there is no such liability is the amount specified in paragraph (4).

(4) The amount referred to in paragraphs (2)(b) and (3) is the aggregate of—

(a) an amount in respect of each relevant child equal to the personal allowance for that child specified in column (2) of paragraph 2 of the relevant Schedule (income support personal allowance);

(b) if the conditions set out in paragraph 14(b) and (c) of that Schedule (income support disabled child premium) are satisfied in respect of a relevant child, an amount equal to the amount specified in column (2) of paragraph 15(6) of that Schedule in respect of each such child;

(c) an amount equal to the income support family premium specified in paragraph 3 of that Schedule that would be payable if the parent were a claimant, except where the family includes other children of the parent; and

(d) an amount equal to the income support lone parent premium specified in column (2) of paragraph 15(1) of that Schedule that would be payable, if the parent were a claimant, except where the family includes children of the parent.

(5) For the purposes of paragraph (2)(c), the net income of the parent’s partner shall be the aggregate of—

(a) the income of that partner, calculated in accordance with regulation 7(1) of the Maintenance Assessments and Special Cases Regulations (but excluding the amount mentioned in sub-paragraph (d) of that regulation) as if that partner were an absent parent to whom that regulation applied;

(b) the child benefit payable in respect of each relevant child; and

(c) any income, other than earnings, in excess of £10·00 per week in respect of each relevant child.

(6) For the purposes of paragraph (2)(c), a current partner’s outgoings shall be the aggregate of—

(a) an amount equal to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25);

(b) where a departure direction has already been given in a case falling within regulation 27 in respect of the housing costs attributable to the partner, the amount determined in accordance with regulation 40(7) as the housing costs the partner is able to contribute;

(c) the amount of any reduction in the parent’s exempt income, calculated under regulation 9(1) of the Maintenance Assessments and Special Cases Regulations(1), in consequence of the application of paragraph (2) of that regulation(2); and

(d) the amount specified in paragraph (3).

(7) The Department may, if it is satisfied that it is appropriate in the particular circumstances of the case, treat a liability of a kind mentioned in paragraph (2)(b) as not constituting a liability for the purposes of that paragraph and of paragraph (3).

(8) For the purposes of this regulation—

(a) a child who is not the child of a particular person is a part of that person’s family where that child is the child of a current or former partner of that person;

(b) “relevant Schedule” means Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987(3).

(1)

Paragraph (1) was amended by S.R. 1993 No. 164, S.R. 1995 Nos. 162 and 475 and S.R. 1996 No. 317

(2)

Paragraph (2) was amended by S.R. 1993 No. 164, S.R. 1995 No. 162 and S.R. 1996 No. 288

(3)

S.R. 1987 No. 459; relevant amending rules are S.R. 1988 No. 318, S.R. 1991 No. 338, S.R. 1992 No. 6 and S.R. 1996 No. 73