The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009

Transitional provisions – qualifying child

5.—(1) Where the circumstances in paragraph (2) apply the effective date of—

(a) a maintenance assessment or maintenance calculation made following an application under Article 7 of the Order(1) (child support maintenance); or

(b) a supersession decision made under Article 19 of the Order(2) (decisions superseding earlier decisions) where the relevant change of circumstances is that a person has become a qualifying child by virtue of these Regulations,

is the day on which this regulation comes into operation.

(2) The circumstances are—

(a) before these Regulations came into operation there was a maintenance assessment or maintenance calculation in force in relation to the qualifying child to whom the application or supersession relates;

(b) a person (“C”) who was a qualifying child to whom that maintenance assessment or maintenance calculation relates, ceased to be a qualifying child on or after 10th April 2006 by virtue of no longer falling within the provisions of—

(i) Schedule 1 to the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 (meaning of “child” for the purposes of the Order); or, as the case may be,

(ii) Schedule 1 to the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 (meaning of “child” for the purposes of the Order); and

(c) child benefit was payable in respect of C on the day C ceased to be a qualifying child and is payable in respect of C on the day on which this regulation comes into operation.

(3) Where an application under Article 7 of the Order is made in a case to which the circumstances in paragraph (2) apply in respect of a maintenance assessment, regulation 28 of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001(3) (linking provisions), shall apply as if for paragraph (3) there were substituted—

“(3) For the purposes of paragraph (1) “the relevant period” means the period starting on the day immediately before the day the maintenance assessment ceased to have effect under paragraph 16(1) of Schedule 1 to the Order, to the day that the application referred to in paragraph (1) is made, in a case where the circumstances of regulation 5(2) (transitional provisions – qualifying child) of the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 apply.”.

(1)

Article 7 was amended by Article 12(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)), Schedule 7 to the Social Security (Northern Ireland) Order 1998 and is amended by sections 1(2), 2 and paragraphs 11 and 13(a) of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and was amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008

(2)

Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 and is amended by section 9 and Part 1 of Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and was amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008

(3)

S.R. 2001 No. 19; regulation 28(3) was amended by regulation 7(1)(e) of S.R 2008 No. 404