The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

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

3.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 1(2) (citation, commencement and interpretation) –

(a) in the definition of “home”(2) for “a home for persons in need or a nursing home” there shall be substituted “a residential care home, nursing home or an independent hospital”;

(b) after the definition of “Income Support Regulations” there shall be inserted the following definition –

““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”;

(c) for the definition of “nursing home” there shall be substituted the following definition –

““nursing home” has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”;

(d) for the definition of “residential care home”(3) there shall be substituted the following definition –

““residential care home” has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”; and

(e) after the definition of “self-employed earner” there shall be inserted the following definition –

““state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002(4);”.

(3) In regulation 9(1)(5) (exempt income: calculation or estimation of E) for sub-paragraph (h) there shall be substituted the following sub-paragraph –

“(h) where the absent parent or his partner is resident in a residential care home, nursing home or an independent hospital, the amount of fees paid in respect of that home or hospital, as the case may be, but where it has been determined that the absent parent in question or his partner is entitled to housing benefit in respect of fees for that home or hospital, as the case may be, the net amount of such fees after deduction of housing benefit;”.

(4) After regulation 10A(6) (assessable income: working tax credit paid to or in respect of a parent with care or an absent parent) there shall be inserted the following regulation –

“Assessable income: state pension credit paid to or in respect of a parent with care or an absent parent

10B.   Where state pension credit is paid to or in respect of a parent with care or an absent parent, that parent shall, for the purposes of Schedule 1 to the Order, be taken to have no assessable income.”.

(5) In regulation 11(1)(7) (protected income) for sub-paragraph (i) there shall be substituted the following sub-paragraph –

“(i) where the absent parent or his partner is resident in a residential care home, nursing home or an independent hospital, the amount of fees paid in respect of that home or hospital, as the case may be, but where it has been determined that the absent parent in question or his partner is entitled to housing benefit in respect of fees for that home or hospital, as the case may be, the net amount of such fees after deduction of housing benefit;”.

(6) In Schedule 1 (calculation of N and M) –

(a) in paragraph 9A(2)(8) after “war widow’s pension” there shall be inserted “and a war widower’s pension”; and

(b) in paragraph 22A(2)(9) after “war widow’s pension” there shall be inserted “and a war widower’s pension”.

(7) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M) –

(a) in paragraph 15(10) after “income support” there shall be inserted “, state pension credit”;

(b) in paragraph 18(a) and (b)(ii) after “war widow’s pension” there shall be inserted “or war widower’s pension”;

(c) paragraph 47E(11) shall be omitted; and

(d) after paragraph 47D(12) there shall be inserted the following paragraph –

“47F.   Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(13) (pensions to widows and widowers) or under article 27(3) of the Personal Injuries (Civilians) Scheme 1983(14) (pensions to widows and widowers).”.

(1)

S.R. 1992 No. 341; relevant amending rules are S.R. 1993 No. 164, S.R. 1994 No. 37, S.R. 1995 Nos. 162 and 475, S.R. 1996 Nos. 288, 289, 317 and 590, S.R. 1998 No. 8, S.R. 1999 Nos. 152, 246 (C. 20) and 385, S.R. 2002 Nos. 164 and 323 and S.R. 2003 No. 84 ; S.R. 1992 No. 341 is revoked, with savings, by regulation 15 of S.R. 2001 No. 18

(2)

The definition of “home” was amended by Article 9(2)(b) of S.R. 1999 No. 246 (C. 20)

(3)

The definition of “residential care home” was inserted by regulation 5(2)(g) of S.R. 1993 No. 164

(4)

2002 c. 14 (N.I.)

(5)

Regulation 9(1) was amended by regulation 5(3)(a) of S.R. 1993 No. 164, regulation 9(5)(a) of S.R. 1995 No. 162, regulation 4(4) of S.R. 1995 No. 475, regulation 7(6) of S.R. 1996 No. 288, regulation 4(3) of S.R. 1996 No. 317, regulation 5(2)(a) of S.R. 1998 No. 8, regulation 4 of S.R. 2002 No. 164 and paragraph 1(l) of the Schedule to S.R. 2002 No. 323

(6)

Regulation 10A was inserted by regulation 3(3) of S.R. 1996 No. 590 and amended by Article 9(5) of S.R. 1999 No. 246 (C. 20) and regulation 3(3) of S.R. 2003 No. 84

(7)

Regulation 11(1) was amended by regulation 5(5) of S.R. 1993 No. 164, regulation 5(4) of S.R. 1994 No. 37, regulation 9(7)(a) of S.R. 1995 No. 162, regulation 4(5)(a) of S.R. 1995 No. 475, regulation 7(9) of S.R. 1996 No. 288, regulation 4(4)(a) of S.R. 1996 No. 317 and regulation 5(3)(a) of S.R. 1998 No. 8

(8)

Paragraph 9A was inserted by regulation 4(5)(f) of S.R. 1999 No. 152

(9)

Paragraph 22A was inserted by regulation 4(5)(h) of S.R. 1999 No. 152

(10)

Paragraph 15 was amended by regulation 21(5) of S.R. 1996 No. 289

(11)

Paragraph 47E was inserted by regulation 3(6)(c) of S.R. 2003 No. 84

(12)

Paragraph 47D was inserted by regulation 3(6)(b) of S.R. 2003 No. 84

(13)

S.I. 1983/883; article 29(1A) was inserted by S.I. 1994/1906 and amended by S.I. 2002/792 and S.I. 2003/434

(14)

S.I. 1983/686; article 27(3) was added by S.I. 1994/2021. See also S.I. 2002/672