4.—(1) Schedule 1 to the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(1) (meaning of “child” for the purposes of the Order) is amended in accordance with paragraphs (2) to (6).
(2) For paragraph 1(2) (persons of 16 or 17 years of age who are not in full-time non-advanced education), substitute—
1. The conditions which must be satisfied for a person to be a child within Article 3(1)(c) of the Order are that the person—
(a)is registered for training with a qualifying body; and
(b)is a person in respect of whom child benefit is payable.
1A. Where a person (“P”) has ceased to fall within Article 3(1) of the Order, P is to be treated as continuing to fall within that paragraph for any period during which P is a person in respect of whom child benefit is payable.”;
(3) For paragraph 2 (meaning of “advanced education” for the purposes of Article 3 of the Order), substitute—
2. For the purposes of Article 3 of the Order “advanced education” means education for the purposes of—
(a)a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
(b)any other course which is of a standard above advanced GNVQ, or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish national qualification (higher or advanced higher).”;
(4) In paragraph 4 (interruption of full-time education), for sub-paragraph (2) substitute—
“(2) The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.”.
(5) Omit paragraph 5 (circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within Article 3(1) of the Order).
(6) For paragraph 6 (interpretation), substitute—
6. In this Schedule “qualifying body” has the same meaning as in regulation 5(4) of the Child Benefit (General) Regulations 2006(3) (extension period: 16 and 17 year olds).”.
Commencement Information
I1Reg. 4 in operation at 10.11.2009, see reg. 1(1)
S.R. 2001 No. 17; relevant amending Regulations are S.R. 2008 No. 286.
Paragraph 1 was amended by regulation 25 of S.R. 2008 No. 286