PART 3AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 2CHILD SUPPORT

Amendment of the Child Support (Maintenance Calculations and Special Cases) RegulationsI140

1

The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001150 are amended in accordance with paragraphs (2) to (4).

2

In regulation 1(2) (interpretation)151

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;

  • “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)152

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.

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)153

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;