The Child Support (Variations) Regulations (Northern Ireland) 2001

Part VIII Miscellaneous

Regular payments condition

31.—(1) For the purposes of Article 28C(2)(b) of the Order(1) (payments of child support maintenance less than those specified in the interim maintenance decision) the payments shall be those fixed by the interim maintenance decision or the maintenance calculation in force, as the case may be, adjusted to take account of the variation applied for by the non-resident parent as if that variation had been agreed.

(2) The Department may refuse to consider the application for a variation where a regular payments condition has been imposed and the non-resident parent has failed to comply with it in the circumstances to which paragraph (3) applies.

(3) This paragraph applies where the non-resident parent has failed to comply with the regular payments condition and fails to make such payments which are due and unpaid within one month of being required to do so by the Department or such other period as the Department may in the particular case decide.

Meaning of “benefit” for the purposes of Article 28E of the Order

32.  For the purposes of Article 28E of the Order(2), “benefit” means income support, income-based jobseeker’s allowance and housing benefit.

(1)

Article 28C was substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(2)

Article 28E was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and amended by section 5(4) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000