The Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

9.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with paragraphs (2) to (13).

(2) In regulation 1(2) (interpretation)—

(a) in the definition of “day to day care”(2)—

(i) in paragraph (b) for “the child support officer, a period other than 12 months but ending with the relevant week” there shall be substituted “the Department, a period other than 12 months”, and

(ii) for sub-paragraphs (iii) and (iv) there shall be substituted the following sub-paragraph—

“(iii) in a case where notification is given under regulation 23 of the Maintenance Assessment Procedure Regulations to the relevant persons on different dates, “relevant week” means the period of 7 days immediately preceding the date of the latest notification;”;

(b) in the definition of “home” for “the child support officer” and “that officer” there shall be substituted “the Department”; and

(c) for the definition of “relevant week”(3) there shall be substituted the following definition—

• ““relevant week” means—

  (a)

  in relation to an application for child support maintenance—

  (i)

  in the case of the applicant, the period of 7 days immediately preceding the date on which the appropriate maintenance assessment application form (being an effective application within the meaning of regulation 2(4) of the Maintenance Assessment Procedure Regulations) is submitted to the Department, or

  (ii)

  in the case of a person to whom a maintenance assessment enquiry form is given or sent as the result of such an application, the period of 7 days immediately preceding the date on which that form is given or sent to him or, as the case may be, the date on which it is treated as having been given or sent to him under regulation 1(6)(b) of the Maintenance Assessment Procedure Regulations;

  (b)

  where a decision (“the original decision”) is to be—

  (i)

  revised under Article 18 of the Order, or

  (ii)

  superseded by a decision under Article 19 of the Order on the basis that the original decision was made in ignorance of, or was based on a mistake as to, some material fact or was erroneous in point of law,

  (c)

  the period of 7 days which was the relevant week for the purposes of the original decision;

  (d)

  where a decision (“the original decision”) is to be superseded by a decision under Article 19 of the Order—

  (i)

  on an application made for the purpose on the basis that a material change of circumstances has occurred since the original decision was made, the period of 7 days immediately preceding the date on which that application was made,

  (ii)

  subject to paragraph (b), in a case where a relevant person is given notice under regulation 23 of the Maintenance Assessment Procedure Regulations, the period of 7 days immediately preceding the date of that notification,

  except that where, under paragraph 15 of Schedule 1 to the Order, the Department makes separate maintenance assessments in respect of different periods in a particular case, because it is aware of one or more changes of circumstances which occurred after the date which is applicable to that case under paragraph (a), (b) or (c), the relevant week for the purposes of each separate maintenance assessment made to take account of each such change of circumstances, shall be the period of 7 days immediately preceding the date on which notification was given to the Department of the change of circumstances relevant to that separate maintenance assessment;”.

(3) In regulation 2(3) (calculation or estimation of amounts) for “A child support officer” there shall be substituted “The Department” and for “he” in both places where it occurs there shall be substituted “it”.

(4) In regulation 7(4) (net income: calculation or estimation of N) for “the child support officer” there shall be substituted “the Department”.

(5) In regulation 10A(2)(b)(ii)(4) (assessable income: family credit or disability working allowance paid to or in respect of a parent with care or an absent parent) for “the child support officer” there shall be substituted “the Department”.

(6) In regulation 19 (both parents are absent)—

(a) in paragraph (3) “or to a child support officer” shall be omitted; and

(b) in paragraph (4) for “the child support officer” there shall be substituted “the Department”.

(7) In regulation 20(2)(b)(ii) (persons treated as absent parents) for “the child support officer” there shall be substituted “the Department”.

(8) In regulation 22 (multiple applications relating to an absent parent)—

(a) in paragraph (2B)(5) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

“(c) any of those assessments falls to be replaced by a fresh assessment to be made under Article 18 of the Order or a decision under Article 19 of the Order superseding an earlier decision,”; and

(b) in paragraph (2C) for “it is not reviewed under any of the provisions set out in” there shall be substituted “not within”.

(9) In Schedule 1 (calculation of N and M)—

(a) in paragraph 1(3)(aa)(6) for “the child support officer” there shall be substituted “the Department”;

(b) in paragraph 2—

(i) in sub-paragraphs (1)(7), (1A) and (4) for “the child support officer” in each place where it occurs there shall be substituted “the Department”,

(ii) in sub-paragraph (1) for “he” there shall be substituted “it”, and

(iii) in sub-paragraph (3A)(8) for “a child support officer” there shall be substituted “the Department”;

(c) in paragraphs 2B(1)(a) and (b)(9) and 2C for “the child support officer” there shall be substituted “the Department”;

(d) in paragraph 3(6A)(10) for “the child support officer” there shall be substituted “the Department”;

(e) in paragraph 5—

(i) in sub-paragraphs (2A)(11), (3) and (5) for “the child support officer” in each place where it occurs there shall be substituted “the Department”, and

(ii) in sub-paragraph (2A) for “the officer” there shall be substituted “the Department” and for “he” there shall be substituted “it”;

(f) in paragraph 5A(3)(12) for “the child support officer” there shall be substituted “the Department”;

(g) in paragraph 16(6) for “the child support officer” in both places where it occurs there shall be substituted “the Department”;

(h) in paragraphs 26, 27 and 30 for “a child support officer” in each place where it occurs there shall be substituted “the Department”; and

(i) in paragraphs 27, 30 and 31 for “the child support officer” there shall be substituted “the Department”.

(10) In paragraph 2(k) of Schedule 3 (eligible housing costs) for “the child support officer” there shall be substituted “the Department”.

(11) In Schedule 3A(13) (amount to be allowed in respect of transfers of property)—

(a) in paragraph 2(2) for “a child support officer” and “the officer” there shall be substituted “it”; and

(b) for paragraph 3 there shall be substituted the following paragraph—

“3.— (1) Where an absent parent has notified the Department that he wishes it to consider whether an amount should be allowed in respect of the relevant value of a qualifying transfer, the Department shall—

(a) give notice to the other parent of that application; and

(b) have regard in determining the application to any representations made by the other parent which are received within the period specified in sub-paragraph (2).

(2) The period specified in this sub-paragraph is one month from the date on which the notice referred to in sub-paragraph (1)(a) was given or such longer period as the Department is satisfied is reasonable in the circumstances of the case.”.

(12) In Schedule 3B(14) (amount to be allowed in respect of travelling costs)—

(a) in paragraph 1 in the definition of “work place” for “the child support officer” there shall be substituted “the Department”; and

(b) in paragraphs 4(b), 8(2), 10, 15(2) and 17(15) for “the child support officer” there shall be substituted “the Department”.

(13) In Schedule 5(16) (provisions applying to cases to which Article 40 of the Order and regulation 28 apply) paragraphs 1 to 8 shall be omitted.

(1)

S.R. 1992 No. 341; relevant amending regulations are S.R. 1993 Nos. 164 and 191, S.R. 1995 Nos. 162 and 475, S.R. 1996 No. 590, S.R. 1998 No. 8 and S.R. 1999 No. 152

(2)

The definition of “day to day care” was substituted by regulation 9(2)(a) of S.R. 1995 No. 162 and amended by S.R. 1995 No. 475

(3)

The definition of “relevant week” was substituted by regulation 5(2)(f) of S.R. 1993 No. 164 and amended by S.R. 1995 No. 475 and S.R. 1998 No. 8

(4)

Regulation 10A was inserted by regulation 3(3) of S.R. 1996 No. 590

(5)

Paragraphs (2B) and (2C) were inserted by regulation 4(11) of S.R. 1998 No. 8

(6)

Head (aa) was inserted by regulation 4(14)(a)(iii) of S.R. 1998 No. 8

(7)

Sub-paragraph (1) was substituted by regulation 9(14)(c) of S.R. 1995 No. 162 and amended by S.R. 1996 No. 590 and sub-paragraph (1A) was inserted by regulation 3(7)(b)(ii) of S.R. 1996 No. 590

(8)

Sub-paragraph (3A) was inserted by regulation 3(7)(b)(iv) of S.R. 1996 No. 590

(9)

Paragraphs 2B and 2C are inserted by regulation 4(5)(a) of S.R. 1999 No. 152

(10)

Sub-paragraph (6A) was inserted by regulation 4(14)(b)(iii) of S.R. 1998 No. 8

(11)

Sub-paragraph (2A) was inserted by regulation 9(14)(e)(iii) of S.R. 1995 No. 162 and sub-paragraph (5) was added by regulation 3(7)(d) of S.R. 1996 No. 590

(12)

Paragraph 5A is inserted by regulation 4(5)(d) of S.R. 1999 No. 152

(13)

Schedule 3A was inserted by Schedule 1 to S.R. 1995 No. 162

(14)

Schedule 3B was inserted by Schedule 2 to S.R. 1995 No. 162 and amended by S.R. 1995 No. 475

(15)

Paragraph 17 was substituted by regulation 4(11) of S.R. 1995 No. 475

(16)

Schedule 5 was added by the Schedule to S.R. 1993 No. 164 and amended by S.R. 1993 No. 191 and S.R. 1995 No. 162