Transitional amount in flat rate cases
12.—(1) Except where the former assessment amount is nil, where the new amount would be the first prescribed amount but is nil owing to the application of paragraph 8 of Part I of Schedule 1 to the Order the amount of child support maintenance payable for the year commencing on the case conversion date shall be a transitional amount equivalent to the second prescribed amount and thereafter shall be the new amount, nil.
(2) Except where the former assessment amount is nil, where the new amount would be the second prescribed amount but is nil owing to the application of paragraph 8 of Part I of Schedule 1 to the Order the amount of child support maintenance payable for the year commencing on the case conversion date shall be a transitional amount equivalent to half the second prescribed amount and thereafter shall be the new amount, nil.
(3) Where—
(a)a non-resident parent has more than one qualifying child and in relation to them there is more than one person with care; and
(b)the amount of child support maintenance payable from the case conversion date to one or some of those persons with care, but not all of them, would be nil owing to the application of paragraph 8 of Part I of Schedule 1 to the Order,
the amount of child support maintenance payable by the non-resident parent from the case conversion date shall be the new amount, apportioned as provided in paragraph 6 of Part I of Schedule 1 to the Order and Regulations made under it, unless paragraph (4) or (5) applies.
(4) Subject to paragraph (6), where the former assessment amount is less than the new amount by an amount which is more than the second prescribed amount or, where paragraph 4(2) of Part I of Schedule 1 to the Order applies to the non-resident parent, half the second prescribed amount, the amount of child support maintenance payable by the non-resident parent shall be as provided in paragraph (1) where paragraph 4(1)(b) of Part I of Schedule 1 to the Order applies, and as provided in paragraph (2) where paragraph 4(2) of that Schedule applies.
(5) Subject to paragraph (6), where the former assessment amount is greater than the new amount the amount of child support maintenance payable by the non-resident parent shall be the new amount unless the new amount is less than the second prescribed amount or, where paragraph 4(2) of Part I of Schedule 1 to the Order applies to the non-resident parent, half the second prescribed amount, in which case the amount of child support maintenance payable by the non-resident parent shall be as provided in paragraph (1) where paragraph 4(1)(b) of Part I of Schedule 1 to the Order applies, and as provided in paragraph (2) where paragraph 4(2) of that Schedule applies.
(6) Where paragraph (4) or (5) applies the transitional amount shall be apportioned among the persons with care as provided in paragraph 6 of Part I of Schedule 1 to the Order and Regulations made under that Part, and the amount of child support maintenance which the non-resident parent is liable to pay each person with care in respect of whom care of the qualifying child is shared shall be nil.
(7) In this regulation “former assessment amount” means, in relation to a non-resident parent in respect of whom there is in force on the calculation date more than one maintenance assessment, the aggregate of the amounts payable under those assessments, and in paragraph (5) includes the amount payable where Article 40 of the former Order(1) (contribution to maintenance) applies to the non-resident parent.
Article 40 was amended by paragraph 25 of Schedule 6 to the Social Security (Northern Ireland) Order 1998