The Child Maintenance (2008 Act) (Commencement No. 14 and Transitional Provisions) Order (Northern Ireland) 2014

Citation and interpretation

1.—(1) This Order may be cited as the Child Maintenance (2008 Act) (Commencement No. 14 and Transitional Provisions) Order (Northern Ireland) 2014.

(2) In this Order—

“the Act” means the Child Maintenance Act (Northern Ireland) 2008;

“the Child Support Order” means the Child Support (Northern Ireland) Order 1991(1);

“maintenance assessment” has the meaning given in Article 2(2) of the Child Support Order (interpretation) before its substitution by section 25 (amendments) of, and paragraph 12(e) of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(2) (amendments of statutory provisions relating to child support);

“maintenance calculation” has the meaning given by Article 2(2) of the Child Support Order(3);

“new calculation rules” means Part 1 of Schedule 1 to the Child Support Order (calculation of weekly amount of child support maintenance) as amended by paragraph 2 of Schedule 1 to the Act (calculation by reference to gross weekly income);

“transition period” has the meaning given in regulation 1(2) of the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations (Northern Ireland) 2014(4) (citation, commencement and interpretation).

(3) In this Order, a reference to an existing case is a case in which there is—

(a) a maintenance assessment in force;

(b) a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force;

(c) an application for a maintenance assessment which has been made but not determined; or

(d) an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.

(4) In this Order, unless the context requires otherwise, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Act.

(1)

S.I. 1991/2628 (N.I. 23)

(2)

2000 (c. 4 (N.I.))

(3)

The definition of “maintenance calculation” is substituted for the definition of “maintenance assessment” by paragraph 12(e) of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

(4)

S.R. 2014 No. 191