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45.—(1) This regulation and regulation 46 apply where the Department determines the number of nights which count for the purposes of the decrease in the amount of child support maintenance under paragraphs 7 and 8 of Schedule 1(1).
(2) Subject to paragraph (3), the determination is to be based on the number of nights for which the non-resident parent is expected to have the care of the qualifying child overnight during the 12 months beginning with the effective date of the relevant calculation decision.
(3) The Department may have regard to a period of less than 12 months where it considers a shorter period is appropriate (for example where the parties have an agreement in relation to a shorter period) and, if the Department does so, paragraphs 7(3) and 8(2) of Schedule 1 are to have effect as if—
(a)the period mentioned there were that shorter period; and
(b)the number of nights mentioned in the Table in paragraph 7(4), or in paragraph 8(2), of that Schedule were reduced proportionately.
(4) When making a determination under paragraphs (1) to (3) the Department must consider—
(a)the terms of any agreement made between the parties or of any court order providing for contact between the non-resident parent and the qualifying child; or
(b)if there is no agreement or court order, whether a pattern of shared care has already been established over the past 12 months (or such other period as the Department considers appropriate in the circumstances of the case).
(5) For the purposes of this regulation—
(a)a night will count where the non-resident parent has the care of the qualifying child overnight and the child stays at the same address as the non-resident parent;
(b)the non-resident parent has the care of the qualifying child when the non-resident parent is looking after the child; and
(c)where, on a particular night, a child is a boarder at a boarding school, or an in-patient in a hospital, the person who would, but for those circumstances, have the care of the child for that night, shall be treated as having care of the child for that night.
Commencement Information
I1Reg. 45 comes into force in accordance with reg. 1
Paragraphs 7 and 8 are substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 7 is amended by paragraph 6 of Schedule 1 and paragraph 1(25) of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008 and paragraph 8 by paragraph 7 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008
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