Amendment of the Child Support (Management of Payments and Arrears) Regulations2.

(1)

The Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 20093 are amended as follows.

(2)

In regulation 13F4 (circumstances in which the Department may exercise the power in Article 38E of the Order)—

(a)

omit the “or” after paragraph (g);

(b)

at the end of paragraph (h) insert—

“;

(i)

the arrears relate to liability for child support maintenance accrued under a 2012 scheme case5 where all of the following apply—

(i)

a maintenance calculation6 has ceased to have effect under one or more of the following provisions under the 1991 Order—

(aa)

Article 7(5) and (6) (a person who requested a maintenance calculation requests the Department to cease acting);

(bb)

Schedule 1, paragraph 16(1)7 (termination of calculations),

(ii)

the arrears are less than £7, and

(iii)

the non-resident parent8 has failed to make any payments within the 3 month period which precedes the date of the decision of the Department under Article 38E(1)9 of the 1991 Order (power to write off arrears); or

(j)

the arrears relate to liability for child maintenance accrued under a 2012 scheme case where all of the following apply—

(i)

the Department does not have jurisdiction to make a maintenance calculation under Article 4110 of the 1991 Order,

(ii)

as a result of sub-paragraph (i), the Department has made a supersession decision under Article 19(1)11 of the 1991 Order,

(iii)

the arrears are less than £7, and

(iv)

the non-resident parent has failed to make any payments within the 3 month period which precedes the date of the decision of the Department under Article 38E(1) of the 1991 Order (power to write off arrears). ”.

(3)

In regulation 13G (Department required to give notice), in paragraph (2), after “13F(h),” insert “13F(i), 13F(j),”.

(4)

In regulation 13I (notification of decision to write off), in paragraph (2), for “regulation 13J(1)(a) or (2)(a)” substitute “regulations 13F(i) or (j) or 13J(1)(a) or (2)(a)”.