The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003

Appointed day for the coming into operation of sections 3 and 18

4.  3rd March 2003 is the day appointed for the coming into operation of sections 3 (applications by persons claiming or receiving benefit) and 18 (reduced benefit decisions), in so far as not already in operation, for the purpose of the following cases –

(a) where, on or after 3rd March 2003, income support, an income-based jobseeker’s allowance or any other benefit prescribed for the purposes of Article 9 of the Child Support Order as substituted by section 3 is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child who is also the person with care of the child, and when the claim is made –

(i) there is no maintenance assessment or maintenance calculation in force in respect of that parent, and

(ii) there has been no maintenance assessment in force during the previous 8 weeks in respect of that child;

(b) where –

(i) before 3rd March 2003, Article 9(1) of the Child Support Order, before its substitution by the Act, applied to the parent with care,

(ii) a maintenance assessment has been made with an effective date which is before 3rd March 2003, and

(iii) on or after 3rd March 2003 the parent with care withdraws his authorisation under that Article 9(1) at a date when he continues to fall within that Article 9(1);

(c) where, immediately before 3rd March 2003, paragraph (1) of Article 9 of the Child Support Order, before its substitution by the Act, applied to the parent with care, and a maintenance assessment has not been made because –

(i) the Department was in the process of considering whether the parent with care should be required to give the authorisation referred to in that paragraph,

(ii) paragraph (2) of that Article applied,

(iii) paragraph (2) of that Article did not apply and a reduced benefit direction was given under Article 43(5) of the Child Support Order before its substitution by the Act; or

(iv) the parent with care failed to comply with a requirement imposed on him under paragraph (1) of that Article and the Department was in the process of serving a notice or considering reasons given by the parent with care under Article 43(2) or (3) of the Child Support Order before its substitution by the Act.