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The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012
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- Pt. 3 Ch. 5A added by S.R. 2015/116 reg. 8(3)
- Sch. inserted by S.R. 2022/178 art. 5(7)
- reg. 2A added by S.R. 2022/178 art. 5(3)
- reg. 7(3) added by S.R. 2022/178 art. 5(4)
- reg. 11(3)-(9) added by S.R. 2014/193 reg. 4(2)(c)
- reg. 12(1) reg. 12 renumbered as reg. 12(1) by S.R. 2014/193 reg. 4(3)(a)
- reg. 12(1) words substituted by S.R. 2014/193 reg. 4(3)(b)
- reg. 12(2) added by S.R. 2014/193 reg. 4(3)(c)
- reg. 12(2)(a) word omitted by S.R. 2022/178 art. 5(6)(a)
- reg. 12(2)(a) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 12(2)(b) words substituted by S.R. 2022/178 art. 5(6)(c)
- reg. 12(2)(c) and word inserted by S.R. 2022/178 art. 5(6)(b)
- reg. 14(3A) inserted by S.R. 2014/193 reg. 4(4)
- reg. 14A inserted by S.R. 2016/208 reg. 5(2)
- reg. 33(2)(c) and word added by S.R. 2013/182 reg. 8(2)(a)(ii)
- reg. 33(2A) inserted by S.R. 2013/182 reg. 8(2)(b)
- reg. 43(1)(i) and word inserted by S.R. 2015/411 art. 27(b)
- reg. 43(1)(i) word inserted by S.I. 2023/1218 art. 47(b)
- reg. 43(1)(j) inserted by S.I. 2023/1218 art. 47(c)
- reg. 43(2)(e) inserted by S.R. 2016/236 reg. 41(3)(a)(iii) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 43(5) inserted by S.R. 2016/236 reg. 41(3)(b) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 44(1)(c)(iii)(iv) inserted by S.R. 2016/236 reg. 41(4)(b) (This amendement comes into operation on the day on which the Universal Credit Regulations come into operation.)
- reg. 49(4) added by S.R. 2013/182 reg. 8(4)
- reg. 53(1) reg. 53 renumbered as reg. 53(1) by S.R. 2013/182 reg. 8(5)
- reg. 53(2) added by S.R. 2013/182 reg. 8(5)
- reg. 63(2)(a)(v) and word inserted by S.I. 2022/177 art. 27(2)(c)
- reg. 63(2)(a)(v) words substituted by S.I. 2022/530 art. 12(2)
- reg. 63(2)(a)(iv) and word inserted by S.R. 2016/228 reg. 39(c)
- reg. 63(2)(f) added by S.R. 2016/228 reg. 39(d)
- reg. 63(2)(g) inserted by S.I. 2022/177 art. 27(2)(d)
- reg. 63(2)(aa) inserted by S.I. 2013/3021 art. 31(2)(b)
- reg. 63(2)(ab) inserted by S.I. 2021/786 art. 19(2)(c)
- reg. 68(5)(c) and preceding word inserted by S.R. 2013/190 reg. 6(3)(a)
- reg. 68(8)(9) added by S.R. 2013/190 reg. 6(3)(b)
- reg. 68A inserted by S.R. 2018/210 reg. 2(2)
- reg. 68A inserted by S.R. 2019/116 reg. 2(2)
- reg. 68A inserted by S.R. 2019/221 reg. 2(2)
- reg. 73(1A) inserted by S.R. 2013/190 reg. 6(5)
- reg. 75(1) reg. 75 renumbered as reg. 75(1) by S.R. 2021/188 reg. 2(2)(a)
- reg. 75(1) words substituted by S.R. 2021/188 reg. 2(2)(b)
- reg. 75(2)-(4) inserted by S.R. 2021/188 reg. 2(2)(c)
- reg. 76(a) words in reg. 76 renumbered as reg. 76(a) by S.R. 2013/182 reg. 8(7)
- reg. 76(b) and word added by S.R. 2013/182 reg. 8(7)
Assumption as to number of nights of shared careN.I.
This section has no associated Explanatory Memorandum
46.—(1) This regulation applies where the Department is required to make a determination under regulation 45 for the purposes of a calculation decision.
(2) If it appears to the Department that—
(a)the parties agree in principle that the care of a qualifying child is to be shared during the period mentioned in regulation 45(2) or (3); but
(b)there is insufficient evidence to make that determination on the basis set out in regulation 45(4) (for example because the parties have not yet agreed the pattern of frequency or the evidence as to a past pattern is disputed),
the Department may make the decision on the basis of an assumption that the non-resident parent is to have the care of the child overnight for one night per week.
(3) Where the Department makes a decision under paragraph (2) the assumption applies until an application is made under Article 19 for a supersession of that decision and the evidence provided is sufficient to enable a determination to be made on the basis set out in regulation 45(4).
Commencement Information
I1Reg. 46 comes into force in accordance with reg. 1
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