The Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 422

Family Law

Child Support

The Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009

Made

15th December 2009

Coming into operation

25th January 2010

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 16(3), 28J(3), 38C(1), 40A, 47(1) and (2)(d), (e) and (f), 48(3) and (4) of the Child Support (Northern Ireland) Order 1991(1), and now vested in it(2).

PART 1 N.I. General

Citation and commencement N.I.

1.  These Regulations may be cited as the Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009 and shall come into operation on 25th January 2010.

Commencement Information

I1 Reg. 1 in operation at 25.1.2010, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“the Order” means the Child Support (Northern Ireland) Order 1991;

“old scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(3) have not been brought into operation in accordance with Article 3 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003(4);

[F1 “a 2003 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 have been brought into operation in accordance with Article 3 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 9) Order (Northern Ireland) 2003;

“a 2012 scheme case” means a case in respect of which the provisions of the Child Maintenance (Northern Ireland) Act 2008 have been brought into operation in accordance with Article 2 of the Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order (Northern Ireland) 2012, Article 2 of the Child Maintenance (2008 Act) (Commencement No. 11 and Transitional Provisions) Order (Northern Ireland) 2013 or Article 2 of the Child Maintenance (2008 Act) (Commencement No. 12 and Savings Provisions) Order (Northern Ireland) 2013;]

“the AIAMA Regulations” means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992(5);

[F2 “Child Maintenance Service system” means the computer system used by the Child Maintenance Service which administers a 2012 scheme case or arrears from an old scheme case or 2003 scheme case;

“Child Support Agency system” means the computer system used by the Child Maintenance Service which administers an old scheme case or 2003 scheme case;]

“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(6);

“non-resident parent” includes a person treated as a non-resident parent by virtue of regulations made under Article 39 of the Order(7);

“relevant person” means—

(a)

a person with care; or

(b)

a non-resident parent,

in respect of whom a maintenance calculation is or has been in force.

(2) In the application of these Regulations to an old scheme case, any reference to expressions in the Order (including “non-resident parent” and “maintenance calculation”), or to regulations made under the Order, are to be read with the necessary modifications.

Textual Amendments

F1 Words in reg. 2(1) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(2)(a), 5

F2 Words in reg. 2(1) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(2)(b), 5

Modifications etc. (not altering text)

C1 Reg. 2 modified (30.6.2014) by The Child Support (Modification, Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/193), regs. 1(1), 3(2)

Commencement Information

I2 Reg. 2 in operation at 25.1.2010, see reg. 1

Arrears notices N.I.

3.—(1) This regulation applies to a case where—

(a) the Department is arranging for the collection of child support maintenance under Article 29 of the Order(8); and

(b) the non-resident parent has failed to make one or more payments of child support maintenance due.

(2) Where the Department is considering taking action with regard to a case falling within paragraph (1), it must serve a notice on the non-resident parent.

(3) The notice must—

[F3 (a) include the amount of all outstanding arrears of child support maintenance due and not paid;]

(b) set out in general terms the provisions as to arrears contained in this regulation and regulation 8 of the AIAMA Regulations(9); and

(c) request the non-resident parent make payment of all outstanding arrears.

(4) Where a notice has been served under paragraph (2), no duty to serve a further notice under that paragraph arises in relation to further arrears unless those further arrears have arisen after an intervening continuous period of not less than 12 weeks during the course of which all payments of child support maintenance due from the non-resident parent have been paid on time in accordance with regulations made under Article 29 of the Order.

Textual Amendments

F3 Reg. 3(3)(a) substituted (30.4.2012) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/163), regs. 1, 6

Modifications etc. (not altering text)

C2 Reg. 3(1) modified (30.6.2014) by The Child Support (Modification, Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/193), regs. 1(1), 3(3)(a)

C3 Reg. 3(1) modified (30.6.2014) by The Child Support (Modification, Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/193), regs. 1(1), 3(3)(b)

Commencement Information

I3 Reg. 3 in operation at 25.1.2010, see reg. 1

[F4 Notice of consequences of failure to pay child support maintenance due N.I.

3A.— (1) This paragraph applies to a case where—

(a) either—

(i) there are arrangements for direct pay, or

(ii) the Department is arranging for the collection of child support maintenance under Article 29 of the Order but there are no arrangements for enforcement under that Order; and

(b) the non-resident parent has failed to make one or more payments of child support maintenance due.

(2) Where paragraph (1) applies to a case, the Department may only start making arrangements for collection under Article 29 of the Order or arrangements for enforcement under that Order (or both) where the non-resident parent has been given a notice, within the preceding 12 month period, setting out that the Department will consider making such arrangements where there is a failure to make one or more payments of child support maintenance due.]

Textual Amendments

F4 Reg. 3A inserted for specified purposes (30.6.2014) by The Child Support (Modification, Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/193), regs. 1(1), 3(4)

Attribution of payments N.I.

4.  Where a maintenance calculation is or has been in force and there are arrears of child support maintenance, the Department may attribute any payment of child support maintenance made by a non-resident parent to child support maintenance due as it thinks fit.

Commencement Information

I4 Reg. 4 in operation at 25.1.2010, see reg. 1

PART 2 N.I. Set Off

Set off of liabilities to pay child support maintenance N.I.

5.—(1) The circumstance prescribed for the purposes of Article 38C(1)(a) of the Order, in which the Department may set off liabilities to pay child support maintenance, are set out in paragraph (2).

(2) The Department may set off the liability to pay child support maintenance of one person (“A”) against the liability to pay child support maintenance of another person (“B”) where—

(a) A is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which B is the person with care; and

(b) B is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which A is the person with care.

(3) There shall be no set off in relation to any amount which if paid could be retained under Article 38 of the Order(10).

Commencement Information

I5 Reg. 5 in operation at 25.1.2010, see reg. 1

Set off of payments against child support maintenance liability N.I.

6.—(1) The circumstances prescribed for the purposes of Article 38C(1)(b) of the Order, in which the Department may set off a payment against a person’s liability to pay child support maintenance, are set out in paragraph (2).

(2) The Department may set off a payment against a non-resident parent’s liability to pay child support maintenance where—

(a) the payment falls within paragraph (3); and

(b) the person with care agreed to the making of the payment.

(3) A payment is of a prescribed description for the purposes of Article 38C(1)(b) of the Order if it was made by the non-resident parent in respect of—

(a) a mortgage or loan taken out on the security of the property which is the qualifying child’s home where that mortgage or loan was taken out to facilitate the purchase of, or to pay for essential repairs or improvements to, that property;

(b) rent on the property which is the qualifying child’s home;

(c) mains-supplied gas, water or electricity charges at the qualifying child’s home;

(d) rates payable by the person with care in relation to the qualifying child’s home;

(e) essential repairs to the heating system in the qualifying child’s home; or

(f) repairs which are essential to maintain the fabric of the qualifying child’s home.

Commencement Information

I6 Reg. 6 in operation at 25.1.2010, see reg. 1

Application of set off N.I.

7.—(1) In setting off a person’s liability for child support maintenance under this Part, the Department may apply the amount to be set off to reduce any arrears of child support maintenance due under any current maintenance calculation, or any previous maintenance calculation made in respect of the same relevant persons.

(2) Where there are no arrears of child support maintenance due, or an amount remains to be set off after the application of paragraph (1), the Department may adjust the amount payable in relation to the current maintenance calculation by such amount as it considers appropriate in all the circumstances of the case, having regard in particular to—

(a) the circumstances of the relevant persons; and

(b) the amount to be set off and the period over which it would be reasonable to adjust the amount payable to set off that amount.

(3) An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

Commencement Information

I7 Reg. 7 in operation at 25.1.2010, see reg. 1

PART 3 N.I. Overpayments and Voluntary Payments

Application of overpayments N.I.

8.—(1) Where for any reason, including the retrospective effect of a maintenance calculation, there has been an overpayment of child support maintenance, the Department may apply the amount overpaid to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.

(2) Where there is no previous maintenance calculation, or an amount of the overpayment remains after the application of paragraph (1), the Department may adjust the amount payable in relation to the current maintenance calculation by such amount as it considers appropriate in all the circumstances of the case, having regard in particular to—

(a) the circumstances of the relevant persons; and

(b) the amount of the overpayment and the period over which it would be reasonable to adjust the amount payable for the overpayment to be rectified.

(3) An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

Commencement Information

I8 Reg. 8 in operation at 25.1.2010, see reg. 1

Application of voluntary payments N.I.

9.—(1) Where there has been a voluntary payment, the Department may apply the amount of the voluntary payment to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.

(2) Where there is no previous maintenance calculation, or an amount of the voluntary payment remains after the application of paragraph (1), the Department may adjust the amount payable in relation to the current maintenance calculation by such amount as it considers appropriate in all the circumstances of the case, having regard in particular to—

(a) the circumstances of the relevant persons; and

(b) the amount of the voluntary payment and the period over which it would be reasonable to adjust the amount payable for the voluntary payment to be taken into account.

(3) An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

Commencement Information

I9 Reg. 9 in operation at 25.1.2010, see reg. 1

PART 4 N.I. Recovery from Estates

Application and interpretation N.I.

10.—(1) This Part applies in relation to the estate of a person who dies on or after the day on which these Regulations come into operation.

(2) In this Part, “child support maintenance” means child support maintenance for the collection of which the Department is authorised to make arrangements.

Commencement Information

I10 Reg. 10 in operation at 25.1.2010, see reg. 1

Recovery of arrears from a deceased person’s estate N.I.

11.  Arrears of child support maintenance for which a deceased person was liable immediately before death are a debt payable by the deceased’s executor or administrator out of the deceased’s estate to the Department.

Modifications etc. (not altering text)

C4 Reg. 11 modified (11.8.2014) by The Child Support (Modification, Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/193), regs. 1(2), 3(5)

Commencement Information

I11 Reg. 11 in operation at 25.1.2010, see reg. 1

Appeals and other proceedings N.I.

12.—(1) The deceased’s executor or administrator has the same rights, subject to the same procedures and time limits, as the deceased person had immediately before death to institute, continue or withdraw any proceedings under the Order, whether by appeal or otherwise.

(2) Regulation 34 of the Decisions and Appeals Regulations shall apply to a case where the non-resident parent is the deceased party to the proceedings as if for paragraphs (1) and (2) there were substituted the following paragraph—

“(1) In any proceedings, on the death of a non-resident parent, the Department must appoint the deceased’s executor or administrator to proceed with the appeal in place of the deceased, unless there is no such person in which circumstances it may appoint such person as it thinks fit to proceed with the appeal.”.

Commencement Information

I12 Reg. 12 in operation at 25.1.2010, see reg. 1

Disclosure of information N.I.

13.—(1) The Department may disclose information held for the purposes of the Order to the deceased’s executor or administrator where, in the opinion of the Department, such information is essential to enable the executor or administrator to administer the deceased’s estate, including, where necessary, to institute, continue or withdraw proceedings under the Order.

(2) Any application for information under this regulation shall be made to the Department in writing setting out the reasons for the application.

(3) Except where a person gives written permission to the Department that the information mentioned in sub-paragraphs (a) and (b) in relation to that person may be disclosed to other persons, any information disclosed under paragraph (1) must not contain—

(a) the address of any person, except that of the recipient of the information in question and the office of the officer concerned who is exercising functions of the Department under the Order, or any other information the use of which could reasonably be expected to lead to any such person being located;

(b) any other information the use of which could reasonably be expected to lead to any person, other than a party to the maintenance calculation, being identified.

Commencement Information

I13 Reg. 13 in operation at 25.1.2010, see reg. 1

[F5 PART 4A N.I. Part Payment of Arrears in Full and Final Satisfaction

Textual Amendments

F5 Pts. 4A, 4B inserted (10.12.2012) by The Child Support (Management of Payments and Arrears) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/439), regs. 1, 2; S.R. 2012/440, art. 2(2)

Amounts owed to different persons to be treated separately N.I.

13A.   Where the arrears of child support maintenance for which a person is liable comprise different amounts that have accrued in respect of—

(a) separate applications for a maintenance calculation; or

(b) one application but would, if recovered, be payable to different persons,

those amounts are to be treated as separate amounts of arrears for the purpose of exercising the power under Article 38D(1) of the Order.

Written consent N.I.

13B.— (1) The Department may not exercise the power under Article 38D(1) of the Order without the written consent of the person with care with respect to whom the maintenance calculation was made unless the Department would be entitled to retain—

(a) the whole of the arrears under Article 38(2) of the Order if it recovered them; or

(b) part of the arrears under that Article if it recovered them, and the part of the arrears that the Department would not be entitled to retain is equal to or less than the payment accepted under Article 38D(1) of the Order.

(2) Where the written consent of the person with care is required, the Department must make available such information and guidance as it thinks appropriate for the purpose of helping that person decide whether to give that consent.

Agreement N.I.

13C.— (1) Where the Department proposes to exercise the power under Article 38D(1) of the Order, it must prepare a written agreement.

(2) The agreement must—

(a) name the non-resident parent and, where the consent of the person with care is required, name the person with care;

(b) specify the amount of arrears to which the agreement relates and the period of liability to which those arrears relate;

(c) state the amount that is agreed will be paid in satisfaction of those arrears;

(d) state the method of payment and to whom payment will be made; and

(e) state the day by which payment is to be made.

(3) The Department must send the non-resident parent and, where applicable, the person with care a copy of the agreement.

(4) The agreement does not take effect until—

(a) the non-resident parent has agreed in writing to its terms; and

(b) where applicable, the person with care has given written consent to the Department.

Where payment is received N.I.

13D.— (1) Unless the non-resident parent fails to comply with the terms of the agreement the Department must not take action to recover any of the arrears to which the agreement relates.

(2) Where the non-resident parent has made full payment in accordance with the agreement all remaining liability in respect of the arrears of child support maintenance to which the agreement relates is extinguished.

(3) Where the non-resident parent fails to make any payment or only makes part payment or otherwise fails to adhere to the terms of the agreement, the non-resident parent remains liable to pay the full amount of any outstanding arrears to which the agreement relates and the Department may arrange to recover any of those outstanding arrears in accordance with the Order.

(4) Nothing in these Regulations prevents the Department from entering into a new agreement with the non-resident parent in respect of any of the arrears to which the previous agreement relates provided that the new agreement complies with the requirements set out in regulation 13C.

(5) Where the Department enters into a new agreement with the non-resident parent in respect of any of the arrears to which a previous agreement related, the previous agreement ceases to have effect on the coming into effect of that new agreement.

PART 4B N.I. Write-Off of Arrears

Amounts owed to different persons to be treated separately N.I.

13E.   Where the arrears of child support maintenance for which a person is liable comprise amounts that have accrued in respect of—

(a) separate applications for a maintenance calculation; or

(b) one application, but would, if recovered, be payable to different persons,

those amounts are to be treated as separate amounts of arrears for the purpose of exercising the power under Article 38E(1) of the Order.

Circumstances in which the Department may exercise the power in Article 38E of the Order N.I.

13F.   The circumstances of the case specified for the purposes of Article 38E(1)(a) of the Order are that—

(a) the person with care has requested under Article 7(5) of the Order that the Department ceases to act in respect of the arrears;

(b) the non-resident parent died before 25th January 2010 or there is no further action that can be taken with regard to recovery of the arrears from the non-resident parent’s estate under Part 4;

(c) the arrears relate to liability for child support maintenance for any period in respect of which an interim maintenance assessment was in force between 5th April 1993 and 18th April 1995; F6 ...

(d) the non-resident parent has been informed by the Department that no further action would ever be taken to recover those arrears [F7 ;

(e) the arrears relate to liability for child support maintenance accrued under an old or 2003 scheme case and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Department under regulation 13G(1), or, where the arrears fall within regulations 13J(1)(a), (b) or (d), within the 3 month period which precedes the date of the decision of the Department under section 38E(1) of the Order;

(f) the arrears relate to liability for child support maintenance accrued under an old or 2003 scheme case which has transferred from the Child Support Agency system to the Child Maintenance Service system and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Department under regulation 13G(1), or, where the arrears fall within regulations 13J(2)(a) or (b), within the 3 month period which precedes the date of the decision of the Department under section 38E(1) of the Order; F8 ...

(g) the arrears relate to sequestrated debt in Scotland for an old, 2003 or 2012 scheme case once the trustee administering the sequestration has confirmed that the period of sequestration has ended] [F9 : or

(h) the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 2016 (protected trust deed: discharge of debtor) from liability for the arrears.]

Textual Amendments

F6 Word in reg. 13F(c) omitted (10.6.2019) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(3)(a), 5

F7 Reg. 13F(e)-(g) and semicolon inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(3)(b), 5

F8 Word in reg. 13F(f) omitted (5.7.2019) by virtue of The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 (S.R. 2019/125), regs. 1(1), 4(2)(a)

F9 Reg. 13F(h) and word inserted (5.7.2019) by The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 (S.R. 2019/125), regs. 1(1), 4(2)(b)

Department required to give notice N.I.

13G.— (1) Where the Department is considering exercising its powers under Article 38E(1) of the Order, it must send written notice to the person with care and the non-resident parent.

[F10 (1A) Where the arrears fall within regulation 13(J)(1)(c) or (e) or (2)(c) the requirement under paragraph (1) to send written notice to the non-resident parent only applies where the Department receives written representations within the period of 60 days beginning with the date the notice is received by the person with care.]

(2) The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died [F11 or the arrears fall within regulations 13F(g) [F12 , 13F(h)], 13J(1)(a), 13J(1)(b), 13J(1)(d), 13J(2)(a) or 13J(2)(b)].

(3) The notice must—

(a) specify the person with care in respect of whom liability in respect of arrears of child support maintenance has accrued;

(b) specify the amount of the arrears [F13 except where the arrears fall within regulation 13J(1)(c)] and the period of liability to which the arrears relate [F14 except where the arrears fall within regulation 13J(1)(c) or (e) or (2)(c)];

(c) state why it appears to the Department that it would be unfair or inappropriate to enforce liability in respect of the arrears;

(d) [F15 subject to paragraph 3(da)] advise the person that the person may make representations, within 30 days of receiving the notice, to the Department as to whether the liability in respect of the arrears should be extinguished; F16 ...

[F17 (da) where the arrears fall within regulation 13J(1)(c) or (e) or (2)(c)—

(i) advise the person with care that they may make written representations as to whether the liability in respect of the arrears should be extinguished, and that any such representations must be sent by post to the Department within the period of 60 days beginning with the date the notice is received;

(ii) where a notice is sent to the non-resident parent in accordance with paragraph (1A), advise the non-resident parent that they may make written representations which must be sent by post to the Department within the period of 21 days beginning with the date the notice is received; and]

(e) explain the effect of any decision to extinguish liability in respect of any arrears of child support maintenance under Article 38E(1) of the Order.

(4) [F18 Subject to paragraph (4A), if] no representations are received by the Department within 30 days of the notice being received by the person with care and the non-resident parent, the Department may make the decision to extinguish the arrears.

[F19 (4A) Where any of the conditions of write off mentioned in regulation 13J(1)(c) or (e) or (2)(c) apply, if no written representations are received by the Department within the period of 60 days beginning with the date the notice is received by the person with care, the Department may make the decision to extinguish the arrears.]

(5) For the purposes of this regulation, where the Department sends any written notice by ordinary post to a person’s last known or notified address that document is treated as having been received by that person on the second day following the day on which it is posted.

Textual Amendments

F10 Reg. 13G(1A) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(a), 5

F11 Words in reg. 13G(2) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(b), 5

F12 Words in reg. 13G(2) inserted (5.7.2019) by The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 (S.R. 2019/125), regs. 1(1), 4(3)

F13 Words in reg. 13G(3)(b) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(c)(i), 5

F14 Words in reg. 13G(3)(b) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(c)(ii), 5

F15 Words in reg. 13G(3)(d) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(d), 5

F16 Word in reg. 13G(3)(d) omitted (10.6.2019) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(d), 5

F17 Reg. 13G(da) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(e), 5

F18 Words in reg. 13G(4) substituted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(f), 5

F19 Reg. 13G(4A) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(4)(g), 5

Department to take account of the parties’ views N.I.

13H.   Where the Department receives representations within the 30-day period referred to in regulation 13G(3)(d) [F20 or within the 60 day period referred to in regulation 13G(3)(da)(i) or within the 21 day period referred to in regulation 13G(3)(da)(ii)] it must take account of those representations in making a decision under Article 38E(1) of the Order.

Textual Amendments

F20 Words in reg. 13H inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(5), 5

Notification of decision to write off N.I.

13I.— (1) On making a decision under Article 38E(1) of the Order the Department must send written notification of that decision to the non-resident parent and the person with care.

(2) The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died [F21 or where the arrears fall within regulation 13J(1)(a) or (2)(a) or where the arrears fall within regulation 13J(1)(c) or (e) or (2)(c) and the Department has not received written representations by post from the person with care within the 60 day period referred to in regulation 13G(3)(da).]

Textual Amendments

F21 Words in reg. 13I(2) inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(6), 5

[F22 Conditions of write off N.I.

13J.— (1) The arrears mentioned above are—

(a) the arrears are less than £65;

(b) the effective date of the maintenance assessment or maintenance calculation was on or before 1st November 2008 and the arrears are £1,000 or less;

(c) the effective date of the maintenance assessment or maintenance calculation was on or before 1st November 2008 and the arrears are over £1,000;

(d) the effective date of the maintenance calculation was after 1st November 2008 and the arrears are £500 or less; or

(e) the effective date of the maintenance calculation was after 1st November 2008 and the arrears are over £500.

(2) The arrears mentioned above are—

(a) the arrears are less than £65; or

(b) the arrears are £500 or less; or

(c) the arrears are over £500.]]

Textual Amendments

F22 Reg. 13J inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(7), 5

PART 5 N.I. Revocations and Savings

Revocations N.I.

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

Commencement Information

I14 Reg. 14 in operation at 25.1.2010, see reg. 1

Savings N.I.

15.—(1) Where before these Regulations come into operation, an adjustment has been made under regulation 10(1)(11) of the AIAMA Regulations in an old scheme case, regulations 10(2) and (3) and 11 to 17 of those Regulations(12) continue to apply to that case for the purposes of—

(a) making and determining any appeal against the adjustment;

(b) making and determining any application for a revision of the adjustment;

(c) determining any application for a supersession made before these regulations come into operation.

(2) Where before these Regulations come into operation, an adjustment has been made under regulation 10(1) or (3A)(13) of the AIAMA Regulations in a case other than an old scheme case, regulation 30A(14) of the Decisions and Appeals Regulations continues to apply to that case for the purposes of making and determining any appeal against the adjustment.

Commencement Information

I15 Reg. 15 in operation at 25.1.2010, see reg. 1

Sealed with the Official Seal of the Department for Social Development on 15th December 2009

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Regulation 14

SCHEDULE N.I. Revocations

Commencement Information

I16 Sch. in operation at 25.1.2010, see reg. 1

Citation	S.R. Number	Extent of Revocation
The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992	S.R. 1992 No. 342	Regulations 2 to 7, 9, 10 and 11 to 17
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993	S.R. 1993 No. 164	Regulation 2(3), (4) and (5)
The Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995	S.R. 1995 No. 162	Regulation 3(2) and (3)
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995	S.R. 1995 No. 475	Regulation 5(3)
The Social Security and Child Support (Jobseeker’s Allowance)(Consequential Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 289	Regulation 22(2)(a) and (c)
The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999	S.R. 1999 No. 162	Regulation 30A
The Social Security (1998 Order)(Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999	S.R. 1999 No. 246 (C. 20)	Article 10(4)(a) and (b)
The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001	S.R. 2001 No. 15	Regulation 2(4)(b) and (c), (6)(a) and (c), (8), (9), (10)(a)(ii), (b) and (c)(ii) and (iii) and (12)
The Social Security and Child Support (Decisions and Appeals)(Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 23	Regulation 2(11)
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009	S.R. 2009 No. 133	Regulations 4 and 6(8)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under powers in the Child Support (Northern Ireland) Order 1991 (“the Order”) and come into operation on 25th January 2010. They are, in part, consolidating regulations which revoke and re-enact some provisions of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992, with some changes.

Regulation 3 requires the Department to serve a notice on a non-resident parent where it is considering taking action in relation to arrears of child support maintenance due.

Regulation 4 allows the Department to attribute any payment of child support maintenance made by the non-resident parent to child support maintenance due as it thinks fit.

Regulation 5 provides that where the parent with care and the non-resident parent each owes child support maintenance to the other, the Department may set off one person’s liability against the other person’s liability.

Regulation 6 allows prescribed payments made by a non-resident parent to be set off against their liability.

Regulation 7 makes provision as to how any amount should be set off against liability.

Regulations 8 and 9 provide for the adjustment of arrears and amounts of child support maintenance payable to take account of overpayments and voluntary payments. They re-enact regulation 10 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 (“the AIAMA Regulations”), with a change which allows the amount payable to be reduced to nil.

Regulation 10 limits the application of Part 4 of the Regulations to those cases where the Department is authorised to collect child support maintenance and the person dies on or after the date these Regulations come into operation.

Regulation 11 provides that arrears of child support maintenance owed by a deceased person immediately before death are a debt payable by the deceased’s executor or administrator out of the deceased’s estate.

Regulation 12(1) provides for the executor or administrator of the estate to have the same rights as the deceased person prior to death to institute, continue or withdraw proceedings under the Order, whether by way of appeal or otherwise.

Regulation 12(2) modifies regulation 34 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the Decisions and Appeals Regulations”) so that the Department must appoint a deceased non-resident parent’s executor or administrator to proceed with any appeal, unless there is no such person, in which case the Department may appoint such person as it thinks fit.

Regulation 13 makes provision for the disclosure of information to the deceased’s executor or administrator where it is essential, in the Department’s opinion, for the proper administration of the estate, including the bringing, continuing or withdrawing of proceedings under the Order.

Regulation 14 and the Schedule, revokes various provisions in the AIAMA Regulations and related provisions in the Decisions and Appeals Regulations, some of which deal with the appeal of decisions to adjust the amount payable to take account of an overpayment or voluntary payment.

Regulation 15 saves the relevant provisions for specified purposes where the decision to adjust the amount payable was made before these Regulations come into operation.

(1)

S.I. 1991/2628 (N.I. 23) Article 16(3) was amended by paragraph 14(b) of Schedule 6, and Schedule 7, to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) (“the 1998 Order”); Article 28J was inserted by section 19(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)(N.I.) (“ the 2000 Act”); Article 38C was inserted by section 22 of the Child Maintenance Act (Northern Ireland) 2008 (c. 10) (“the 2008 Act”); Article 40A was inserted by section 29 of the 2008 Act; Article 47(2) was amended by paragraph 31 of Schedule 6 to the 1998 Order and section 1(2) of, and paragraph 27 of Schedule 3 to, the 2000 Act; Article 48(3) was amended by section 24(2) of the 2000 Act

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

2000 (c. 4)(N.I.)

(4)

S.R. 2003 No. 53 (C. 4)

(5)

S.R. 1992 No. 342

(6)

S.R. 1999 No. 162

(7)

Article 39 is amended by paragraph 11 of Schedule 3 to the 2000 Act in respect of certain cases only

(8)

Article 29 was amended by section 1(2) of the 2000 Act, and section 12 of, and Schedule 5 to, the 2008 Act

(9)

Regulation 8 was substituted by regulation 5(2) of S.R. 1995 No. 475 and was amended by regulation 22(1) of S.R. 1996 No. 289 and regulation 2(7) of S.R. 2001 No. 15

(10)

Article 38 was amended by paragraph (9) of Schedule 3 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)); sections 1(2) and 17(1) of, and paragraph 11 of Schedule 3 to, the 2000 Act, and paragraph 1(29) of Schedule 4, and Schedule 5, to the 2008 Act

(11)

Regulation 10 was substituted by regulation 3(3) of S.R. 1995 No. 162 and paragraph (1) is amended by Article 10(4) of S.R. 1999 No. 246 (C. 20), and regulation 2(10) of S.R. 2001 No. 15

(12)

Regulations 10(2) and (3), and 11 to 17 are revoked by regulation 4(a) of S.R. 2001 No. 23 with savings provisions

(13)

Paragraph (3A) was inserted by regulation 2(10) of S.R. 2001 No. 15

(14)

Regulation 30A was inserted by regulation 2(11) of S.R. 2001 No. 23 and was amended by regulation 6(8) of S.R. 2009 No. 133