The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations N.I.

40.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation)(2)—

(a) after the definition of “child tax credit” insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”; and

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”.

(3) In regulation 4 (flat rate)(3)—

(a) in paragraph (2)—

(i) at the end of sub-paragraph (c) omit “and”,

(ii) at the end of sub-paragraph (d) insert “and”, and

(iii) after sub-paragraph (d) insert—

“(e) universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.”; and

(b) after paragraph (3) insert—

“(4) For the purposes of paragraph (2)(e) and regulation 5(d) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(4) In regulation 5(1)(d) (nil rate)(4)—

(a) at the end of paragraph (i) omit “or”;

(b) after paragraph (ii) insert—

“(iii) in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income;”.

Commencement Information

I1 Reg. 40 comes into operation in accordance with reg. 1(1)

(1)

S.R. 2001 No.18; The Regulations were revoked in certain cases by S.R. 2012 No. 438

(2)

In regulation 1(2) the definition of “child tax credit” was inserted by regulation 9(2)(a) of S.R. 2003 No. 84

(3)

Regulation 4(2) was amended by regulation 33(3) of S.R. 2003 No. 191 and regulation 26(3)(b)(i) of S.R 2008 No. 286

(4)

Regulation 5(d) was amended by regulation 26(4) of S.R. 2008 No. 286