The Child Support (Modification, Miscellaneous and Consequential Amendments) Regulations (Northern Ireland) 2015

Modification of the Social Security and Child Support (Decisions and Appeals) Regulations

6.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support (Northern Ireland) Order 1991 as substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(2) before its amendment by paragraph 2 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008(3), as if they had been amended as follows.

(2) In regulation 3A(1)(4) (revision of child support decisions), for sub-paragraph (a) substitute—

“(a) if the Department receives an application for the revision of a decision under either Article 18 or Article 28G of the Child Support Order(5)—

(i) within one month of the date of notification of the decision;

(ii) within one month of the date on which notice of the correction is given under regulation 9B(3) (correction of accidental errors in child support decisions); or

(iii) within such longer time as may be allowed under regulation 4;”.

(3) After regulation 9A(6) (correction of accidental errors) insert—

“Correction of accidental errors in Child Support Decisions

9B.— (1) An accidental error in a decision of the Department made under the Child Support Order, or in any record of such a decision, may be corrected by the Department at any time.

(2) Such a correction is to be treated as part of that decision or of that record.

(3) The Department must give written notice of the correction as soon as practicable to the persons to whom notice of that decision was required to be given.

(4) In calculating the time within which an application may be made under regulation 3A(1)(a) (revision of child support decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of the correction was given.”.

(1)

S.R. 1999 No. 162; relevant amending regulations are S.R. 2002 No. 189

(2)

(c. 4 (N.I.))

(3)

(c. 10 (N.I.))

(4)

Regulation 3A was inserted by regulation 2(4) of S.R. 2001 No. 23 and was amended by regulation 6(2)(a) of S.R. 2002 No. 164 and is amended by regulation 6(3) of S.R. 2012 No. 438

(5)

Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and is amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 28G was inserted by Article 3 of the Child Support (Northern Ireland) Order 1995 (1995/2702 (N.I. 13)) and is substituted by section 7 of Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(6)

Regulation 9A was inserted by regulation 2(4) of S.R. 2002 No. 189