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

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This is the original version (as it was originally made).

Amendment of the Child Support (Maintenance Calculation Procedure) Regulations

This section has no associated Explanatory Memorandum

3.  In Schedule 1 to the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(1) (meaning of “child” for the purposes of the Order)—

(a)for paragraphs 1 and 1A substitute—

“Persons of 16 or 17 years of age who are not in full-time non-advanced education

1.—(1)  A person satisfies such conditions as may be prescribed for the purposes of Article 3(1)(b) of the Order if that person satisfies any of the conditions in sub-paragraphs (2) and (3).

(2) The person is receiving full-time education (which is not advanced education)—

(a)by attendance at a recognised educational establishment; or

(b)elsewhere, if the education is recognised by the Department.

(3) The person is a person in respect of whom child benefit is payable.”;

(b)in paragraph 2—

(i)for “Article 3 of the Order”, in both places, substitute “this Schedule”, and

(ii)in sub-paragraph (a) after “education” insert “, a higher national certificate”;

(c)in paragraph 3 for “Article 3 of the Order” substitute “this Schedule”;

(d)in paragraph 4(1) for “Article 3(1)(b) of the Order” substitute “paragraph 1(2)”; and

(e)for paragraph 6 substitute—

“Interpretation

6.  In this Schedule “recognised educational establishment” means an establishment recognised by the Department for the purposes of this Schedule as being, or as comparable to, a university, college or school.

Education otherwise than at a recognised educational establishment

7.  For the purposes of paragraph 1(2), the Department may recognise education provided for a person otherwise than at a recognised educational establishment only if satisfied that education was being so provided for that person immediately before that person attained the age of 16.”.

(1)

S.R. 2001 No. 17; Schedule 1 was amended by regulation 4 of S.R. 2009 No. 363

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