The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012

PART 4 N.I. Revocations, Savings and Transitional Provision

Revocations N.I.

9.—(1) Regulations 2(4)(a) and (e) and 4(2) and (6) of the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009(1) are revoked.

(2) The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Commencement Information

I1 Reg. 9(1) in operation at 10.12.2012 for specified purposes, see reg. 1(1)(b)

I2 Reg. 9(2) comes into force in accordance with reg. 1(1)(b)(c)

Savings – arrears-only case N.I.

10.—(1) Regulations 8, 10, 11 and 20 of the Collection and Enforcement Regulations continue to apply in relation to an arrears-only case, as they were in operation immediately before the amendments made by regulation 4(3) to (6) come into operation, until notice is given to the non-resident parent by the Department that the provisions of the Regulations (as amended by regulation 4(3) to (6)) apply to that case.

(2) Any notice given under paragraph (1) must be in writing and sent by ordinary post to the non-resident parent’s last known or notified address and will be treated as having been given on the second day following the day on which it is posted.

(3) For the purposes of this regulation any reference to a non-resident parent includes reference to an absent parent.

Commencement Information

I3 Reg. 10 in operation at 10.12.2012, see reg. 1(1)(a)

Transitional provisions N.I.

11.—(1) Where, in any case, a deduction from earnings order was made before the date on which the Collection and Enforcement Regulations, as amended by regulation 4(3) to (6) apply in relation to that case, this regulation shall apply in respect of that order.

(2) Where the deduction from earnings order still has effect immediately before regulation 4(3) to (6) comes into operation in relation to that case—

(a) the order continues to take effect for the purposes of any deductions which are required to be made under the order until it is discharged or lapses;

(b) the Collection and Enforcement Regulations, as they were in operation before the amendments made by regulation 4(3) to (6) came into operation, continue to apply in relation to the order until it is discharged or lapses; and

[F1 (c) the order is to be treated as discharged, if it has not otherwise lapsed or been discharged, either—

(i) in a case where there are old scheme arrears, on the date on which the old scheme arrears have been transferred to the computer system on which cases where child support maintenance calculated under the new scheme rules are administered by the Department, or

(ii) in a case where there are no old scheme arrears, on the date on which the first deduction from earnings order made under the Collection and Enforcement Regulations as amended by regulation 4(3) to (6) takes effect.]

[F2 (3) In this regulation—

“calculated under the new scheme rules” means calculated in accordance with Part 1 of Schedule 1 to the Child Support Order (Northern Ireland) 1991 as amended by paragraph 2 of Schedule 1 to the Act;

“old scheme arrears” means the amount of child support maintenance calculated other that in accordance with the new scheme rules which is overdue and which remains outstanding.]

Textual Amendments

F1 Reg. 11(2)(c) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Child Support (Deduction from Earnings Orders, Amendment and Modification and Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/390), regs. 1(1), 4(2)

F2 Reg. 11(3) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Child Support (Deduction from Earnings Orders, Amendment and Modification and Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/390), regs. 1(1), 4(3)

Commencement Information

I4 Reg. 11 comes into force in accordance with reg. 1(1)(c)(d)

I5 Reg. 11 in operation at 10.12.2012 for specified purposes, see reg. 1(1)(c)(d)

(1)

S.R. 2009 No. 363