PART 3New Calculation Rules – Consequential and Miscellaneous Amendments
Amendment of the Collection and Enforcement RegulationsI1I6I14
1
The Collection and Enforcement Regulations are amended in accordance with paragraphs (2) to (6).
2
For regulation 47 (interval of payment) substitute—
Payments to be scheduled over reference period4
1
The Department may, for the purposes of determining the frequency and amount of the payments of child support maintenance required to be made by a liable person—
a
determine the total amount payable for the reference period on the assumption that the weekly rate of child support maintenance will not change over that period; and
b
require that amount to be paid by equal instalments over that period at intervals determined by the Department.
2
The reference period in relation to the maintenance calculation is, subject to paragraph (3), the period of 52 weeks mentioned in Article 29(3A) of the Order beginning with—
a
the initial effective date (where it is the first such period in relation to the maintenance calculation); or
b
the review date.
3
In this regulation “initial effective date” and “review date” have the meanings given by regulations 12 and 19 respectively of the Child Support Maintenance Calculation Regulations (Northern Ireland) 20128.
I1I63
In regulation 8(1) (interpretation of this Part) in the definition of “normal deduction rate” for “week, month or other period” substitute “month and the equivalent of that sum for a 1, 2 and 4 week period”.
I1I64
For regulations 10 and 119 (normal deduction rate and protected earnings proportion) substitute—
Normal deduction rate10
1
The period by reference to which the normal deduction rate is set must be the period by reference to which the liable person is normally paid where that period is a 1, 2 or 4 weekly or monthly period.
2
The employer must select the normal deduction rate which applies depending on the period by reference to which the liable person’s earnings are normally paid.
3
Where the liable person is paid by reference to a period other than at a 1, 2 or 4 weekly or monthly period, the Department must discharge the deduction from earnings order in accordance with regulation 20.
Protected earnings proportion11
1
The period by reference to which the protected earnings proportion is set must be the same as the period by reference to which the normal deduction rate is set in accordance with regulation 10(1).
2
The protected earnings proportion in respect of any period shall be 60 per cent. of the liable person’s net earnings in respect of that period as calculated at the pay-day of the liable person by the employer.
Amendment of the Child Support (Maintenance Arrangements and Jurisdiction) RegulationsI2I25
1
The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 199212 are amended in accordance with paragraphs (2) to (4).
2
In regulation 1(2) (interpretation) omit the definitions of “Maintenance Assessment Procedure Regulations” and “Maintenance Calculation Procedure Regulations”13.
3
In regulation 5(3)(c)14 (notifications by the Department) for “regulation 8 of the Maintenance Calculations and Special Cases Regulations (Northern Ireland) 1992” substitute “regulation 49 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012”.
4
In regulation 8A(d)15 (maintenance calculations and maintenance orders – payments) omit “in accordance with regulation 25 of the Maintenance Calculation Procedure Regulations”.
Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI3I36
1
The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 199916 are amended in accordance with paragraphs (2) to (7).
2
In regulation 1(2) (interpretation) omit the definitions of “the Arrears, Interest and Adjustment of Maintenance Assessments Regulations”, “the Maintenance Calculation Procedure Regulations”, “the Maintenance Calculations and Special Cases Regulations”, “relevant other child”, “relevant person” and “the Variations Regulations”17.
3
Omit regulations 3A, 5A, 6A, 6B, 7B, 7C, 15A, 15B, 15C, 23 and 2418.
4
In regulation 419 (late application for a revision)—
a
in paragraph (1) omit “or 3A(1)(a)”;
b
in paragraph (2) omit “the relevant person”;
c
in paragraph (4)(c) omit “or, as the case may be, 3A”;
d
in paragraph (5) omit “or, as the case may be, regulation 3A(1)(a)”; and
e
omit paragraph (8) (as substituted by regulation 2(5)(e) of the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 200120).
5
In regulation 3021 (appeals against decisions which has been replaced or revised) omit “replaced or” in each place where it occurs.
6
In regulation 31(2)22 (time within which appeals are to be brought) for “, 3A(1) or regulation 16(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992”, in both places where it occurs, substitute “or regulation 14 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012”.
7
Omit Schedule 2D23 (effective dates for supersession of child support decisions).
Amendment of the Child Support (Voluntary Payments) RegulationsI4I47
1
The Child Support (Voluntary Payments) Regulations (Northern Ireland) 200124 are amended in accordance with paragraphs (2) and (3).
2
In regulation 1(2) (interpretation)—
a
omit the definition of “the Maintenance Calculations and Special Cases Regulations”;
b
in the definition of “the qualifying child’s home” omit the words from “and “home” has” to the end; and
c
in the definition of “relevant person”25, in paragraph (c) for the words from “regulation 8” to the end substitute “regulation 49 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012”; and
3
In regulation 2(1) (voluntary payment) in sub-paragraph (c) omit the words from “, and for this purpose” to the end.
Amendment of the Child Support Information RegulationsI5I58
1
The Child Support Information Regulations (Northern Ireland) 200826 are amended in accordance with paragraphs (2) to (4).
2
In regulation 2 (interpretation)—
a
in paragraph (1) for the definition of “Maintenance Calculation Procedure Regulations” substitute—
“the Maintenance Calculation Regulations” means the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012;
b
omit paragraphs (2) and (3).
3
In regulation 7 (duty of persons from whom information requested) omit paragraph (3).
4
After regulation 9 (duty to notify change of address) insert—
Duty to notify increase in current income9A
1
In a case falling within paragraph (2) or (3), the Department may notify the non-resident parent of the requirement to notify the Department of any relevant change of circumstances in relation to that income.
2
A case falls within this paragraph if, in relation to a maintenance calculation in force—
a
gross weekly income is determined by reference to the non-resident parent’s current income as an employee or officeholder (in accordance with regulation 37 of the Maintenance Calculation Regulations); and
b
paragraph 5(b) of the Schedule 1 to the Order27 (nil rate) does not apply.
3
A case falls within this paragraph if, in relation to a maintenance calculation in force—
a
gross weekly income is determined by reference to the non-resident parent’s current income (in accordance with regulation 36 of the Maintenance Calculation Regulations); and
b
paragraph 5(b) of Schedule 1 to the Order applies.
4
A notification by the Department under paragraph (1) must be in writing.
5
Where a relevant change of circumstances occurs after the non-resident parent has been notified of a requirement under paragraph (1) the non-resident parent must notify the Department of that change—
a
within fourteen days beginning with and including the day on which the change occurs; or
b
within such other period as the Department has specified in its notification.
6
For the purposes of a case falling within paragraph (2), a relevant change of circumstances occurs where—
a
the non-resident parent—
i
commences a new employment or office, or
ii
in relation to an existing employment or office, commences a new rate of remuneration or a new working pattern,
and could reasonably be expected to know that would result in an increased liability under the maintenance calculation in force if reported to the Department; or
b
the non-resident parent receives from their employment or office the following number of consecutive payments, each of which (if it were taken as a weekly average) exceeds the gross weekly income taken into account in the maintenance calculation in force by 25 per cent. or more—
i
five payments, in the case of a non-resident parent paid weekly,
ii
three payments, in the case of a non-resident parent paid fortnightly,
iii
two payments, in the case of a non-resident parent paid four weekly or monthly.
7
The payments referred to in paragraph (6)(b) are the gross remuneration from the employment or office in question less any pension contributions deducted under net pay arrangements.
8
In paragraph (7) “net pay arrangements” means arrangements for relief in respect of pension contributions under section 193 of the Finance Act 200428.
9
For the purposes of a case falling within paragraph (3), a relevant change of circumstances occurs where the non-resident parent’s income increases to a gross weekly income of £5 or more.
10
For the purposes of paragraph (9), gross weekly income is to be calculated in accordance with regulation 44(2) of the Maintenance Calculation Regulations.
5
In regulation 13(1)(d) (disclosure of information to other persons) for “regulation 23 of “the Maintenance Calculation Procedure Regulations” substitute “regulation 25 of the Maintenance Calculation Regulations (notification of a maintenance calculation)”.