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The Child Maintenance (2008 Act) (Commencement No. 14 and Transitional Provisions) Order (Northern Ireland) 2014
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- Northern Ireland Statutory Rules
- 2014 No. 194 (C. 13)
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Order)
Article 2 of this Order provides for the coming into operation of section 11 of, and Schedule 2 to, the Child Maintenance Act (Northern Ireland) 2008, for all remaining purposes, on 30th June 2014. Schedule 2 enables the Department to require parties in existing cases to choose whether or not to remain in the statutory scheme under the 2012 rules for calculating child support maintenance. It also enables the Department to make provision in regulations in relation to requiring parties to make that choice.
Article 3 makes transitional provision from 30th June 2014 so that where the Department ceases acting in an existing case following a request to cease acting being made by a person with care and the children in the case will reach the age of 20 by the date specified in the scheme prepared by the Department, the non-resident parent is not eligible to make an application within 13 weeks of the Department having ceased acting. This provision does not apply where the non-resident parent becomes the person with care.
Articles 4 and 5 amend the Child Maintenance (2008 Act) (Commencement No. 10 and Transitional Provisions) Order (Northern Ireland) 2012 and Child Maintenance (2008 Act) (Commencement No. 11 and Transitional Provisions) Order (Northern Ireland) 2013 so that the provisions in those Orders that deal with when and in what circumstances an existing case that is related to a new application will transfer to the 2012 scheme do not apply from 30th June 2014.
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