The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008

Citation and commencement

1.  These Regulations may be cited as the Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

2.—(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(1) are amended as follows.

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

(a) in paragraph (2), omit the definition of “direction”; and

(b) omit paragraph (3)(2).

(3) In regulation 2 (applications under Article 7 or 9 of the Order)—

(a) in the heading, omit “or 9”; and

(b) in paragraph (2), omit “under Article 9 of the Order or”.

(4) In regulation 16(8)(a)(3) (revision of decisions), omit “a reduced benefit direction or”.

(5) In regulation 19(11)(a)(4) (supersession of decisions), omit “a reduced benefit direction or”.

(6) In regulation 22(5) (date from which a superseding decision takes effect), omit paragraphs (15) to (18).

(7) In regulation 29(1)(6) (effective dates of new maintenance assessments), omit “or 9”.

(8) In regulation 31(7) (cancellation of a maintenance assessment), omit “or (3)”.

(9) Omit regulations 33 to 48.

(10) In Schedule 2 (no maintenance assessment in force: more than one application for a maintenance assessment by the same person under Article 7 or 9 or under Articles 7 and 9 of the Order)—

(a) in paragraph (1)—

(i) in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii) in sub-paragraph (1), omit “or 9”, and

(iii) omit sub-paragraph (2);

(b) in paragraph 2(8) (no maintenance assessment in force: applications by different persons for a maintenance assessment)—

(i) in sub-paragraph (2), omit “or 9”, and

(ii) omit sub-paragraph (5); and

(c) omit paragraph 4 (maintenance assessment in force: subsequent application for a maintenance assessment under Article 9 of the Order).

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations

3.  In regulation 46(2)(b) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996(9) (special case — departure direction having effect from date earlier than effective date of current assessment), omit “or treated as made”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

4.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(10) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “relevant person”(11), omit “, or has been treated as applied for under Article 9(3) of the Child Support Order”.

(3) In regulation 3A(12) (revision of child support decisions)—

(a) in paragraph (3), for “13, 14 or 43” substitute “13 or 14”; and

(b) in paragraph (6), for “14, 19 or 43” substitute “14 or 19”.

(4) In regulation 7B(13) (date from which a decision superseded under Article 19 of the Child Support Order takes effect)—

(a) omit paragraphs (11) to (15); and

(b) in paragraph (20)(a), omit “, or treated as made under Article 9(3) of that Order,”.

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations

5.—(1) The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(14) are amended as follows.

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

(a) in paragraph (1), for “1(2), 3, 4 and 18” substitute “1(2) and 4”; and

(b) in paragraph (2), in the definition of—

(i) “notice of a maintenance application”, omit “, or treated as made,”, and

(ii) “relevant person”, omit “or has been treated as applied for under Article 9(3) of the Order,”.

(3) In regulation 5(1)(15) (notice of an application for a maintenance calculation), omit “or an application is treated as made under Article 9(3) of the Order, as the case may be,” and “, or is treated as having made,”.

(4) In regulation 6(1)(death of qualifying child), omit “or has been treated as made”.

(5) Omit regulations 8 to 20.

(6) In regulation 24(16) (effective dates of maintenance calculations)—

(a) in paragraph (1), omit “, or treated as made under Article 9(3) of the Order, as the case may be,”; and

(b) omit paragraph (3)(b) and the word “or” immediately before it.

(7) Omit regulation 26(17) (effective dates of maintenance calculations — maintenance order and application under Article 9).

(8) In regulation 27(b)(18) (effective dates of maintenance calculations — maintenance order ceases), omit “or 26 as the case may be”.

(9) In regulation 28(19) (effective dates of maintenance calculations in specified cases)—

(a) in paragraph (1), omit “, or treated as made under Article 9(3) of the Order”;

(b) in paragraph (1)(a), (c) and (d), omit “except where the parent with care has made a request under Article 9(5) of the Order,”;

(c) omit paragraph (2); and

(d) omit paragraph (3)(b) and the word “and” immediately before it.

(10) In regulation 30(20) (transitional provision — effective dates and reduced benefit decisions)—

(a) in the heading, omit “and reduced benefit decisions”;

(b) in paragraph (1), omit “or is treated as made under Article 9(3) of the Order,”;

(c) in paragraph (1B)(b), omit “or an application for a maintenance calculation is treated as made under the Order”; and

(d) omit paragraphs (3) to (7).

(11) In Schedule 2 (no maintenance calculation in force: more than one application for a maintenance calculation by the same person under Article 7 or 9 or under Articles 7 and 9 of the Order)—

(a) in paragraph 1—

(i) in the heading, omit “under Article 7 or 9 or under Articles 7 and 9 of the Order”,

(ii) in sub-paragraph (1), omit “or 9”, and

(iii) omit sub-paragraph (2);

(b) in paragraph 2 (no maintenance calculation in force: applications by different persons for a maintenance calculation)—

(i) in sub-paragraph (2), omit “or is treated as made under Article 9 of the Order,”, and

(ii) omit sub-paragraph (4); and

(c) in paragraph 3 (maintenance calculation in force: subsequent application with respect to the same persons), omit “or treated as made, as the case may be,”.

(12) In Schedule 3(21) (no maintenance assessment or calculation in force: more than one application for maintenance by the same person under Article 7 or 9 or under Articles 7 and 9 of the former Order and of the Order)—

(a) in paragraph 1—

(i) in the heading, omit “or 9 or under Articles 7 and 9”,

(ii) in sub-paragraph (1), omit “or is treated as making, as the case may be,” and “or 9”, and

(iii) omit sub-paragraph (2);

(b) in paragraph 2 (no maintenance assessment or calculation in force: applications by different persons for maintenance)—

(i) in sub-paragraph (2), omit “, or is made under Article 9 of the former Order, or is treated as made under Article 9 of the Order,”, and

(ii) omit sub-paragraph (4); and

(c) in paragraph 3 (maintenance assessment in force: subsequent application with respect to the same persons), in sub-paragraph (b) omit “or treated as made”.

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

6.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(22) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), in sub-paragraph (a)(ii) of the definition of “relevant week”, omit “, or treated as made, as the case may be,”.

(3) In regulation 8(1)(a)(23) (persons treated as non-resident parents), omit “or treated as made”.

(4) In regulation 11(1)(a) (non-resident parent liable to pay maintenance under a maintenance order), omit “or treated as made, as the case may be,”.

Amendment of the Child Support (Transitional Provisions) Regulations

7.—(1) In the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(24), omit “or treated as made” in each place it occurs in the following regulations—

(a) 3(1)(b) (decision and notice of decision);

(b) 11(3)(a)(25) (transitional amount—basic, reduced and most flat rate cases);

(c) 15(3C)(b)(26) (case conversion date);

(d) 25(2)(a) (maximum transitional amount);

(e) 28(1), (2), (2A)(27), (3), (5A)(28), (7A)(29) and (9)(30) (linking provisions); and

(f) 30(a) (cases to which this Part applies).

(2) In regulation 28(7)(31), omit “, or treated as made,”.

Amendment of the Child Support (Variations) Regulations

8.—(1) The Child Support (Variations) Regulations (Northern Ireland) 2001(32) are amended as follows.

(2) In regulation 19(1)(a) (income not taken into account and diversion of income), omit “or treated as applied for”.

(3) In regulation 20(1)(a) and (2) (life-style inconsistent with declared income), omit “or treated as applied for”.

Amendment of the Child Support (Voluntary Payments) Regulations

9.  In regulation 1(2) of the Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001(33) (citation, commencement and interpretation), in the definition of “relevant person”, omit “, or has been treated as applied for, under Article 9(3) of the Order,”.

Revocation

10.  The statutory provisions specified in the Schedule are revoked to the extent specified there.

Sealed with the Official Seal of the Department for Social Development on 2nd October 2008

(L.S.)

John O’Neill

A senior officer of the

Department for Social Development