The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

Effect of variation applied for before a maintenance calculation is made

13.—(1) Subject to paragraph (2), where an application for a variation is made in the circumstances referred to in Article 28A(3) and the application is agreed to, the effective date of the maintenance calculation which takes account of the variation is—

(a) where the ground giving rise to the variation existed from the initial effective date, that date; or

(b) where the ground giving rise to the variation arose after the initial effective date, the day on which the ground arose.

(2) Where—

(a) the ground for the variation applied for under Article 28A(3) is a ground in regulation 64 or 66; and

(b) payments falling within the relevant regulation which have been made by the non-resident parent constitute voluntary payments for the purposes of Article 28J(1) and regulations made under that Article,

the date from which the maintenance calculation is to take account of the variation on this ground is to be the date on which the non-resident parent is notified under regulation 25 of the amount of the non-resident’s liability to pay child support maintenance.

(3) Where the ground for the variation applied for under Article 28A(3) has ceased to exist by the date on which the maintenance calculation is made, that calculation is to take account of the variation for the period ending on the day on which the ground ceased to exist.

(1)

Article 28J is inserted by section 19(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008