The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993

Regulation 2(1)

SCHEDULE 1

Memorandum of Arrangements relating to the provision made for Child Support Maintenance in the United Kingdom between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part

Part 1 Interpretation and General Provisions

1.  In this Memorandum, unless the context otherwise requires:

• “the Act” means the Child Support Act 1991 and “the Order” means the Child Support (Northern Ireland) Order 1991;

• “application”, for the purposes of Article 5, includes an application by an absent parent and an application under section 7 of the Act;

• “determining authority” means, in relation to Great Britain, a child support officer, a child support appeal tribunal, a Child Support Commissioner, or a tribunal consisting of any three of the Child Support Commissioners, and appointed or constituted under the Act, and, in relation to Northern Ireland, a child support officer or a child support appeal tribunal appointed or constituted under the Order, a Child Support Commissioner for Northern Ireland appointed under the Act or a tribunal consisting of any two or three of the Child Support Commissioners for Northern Ireland constituted under the Order;

• “parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;

• “territory” means Great Britain or Northern Ireland, as the case may be.

2.—(1) Unless the context otherwise requires, in the application of this Memorandum to a territory, expressions used in this Memorandum shall have the same respective meanings as in the Act, in relation to Great Britain, or in the Order, in relation to Northern Ireland.

(2) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1978 shall apply for the purposes of the interpretation of this Memorandum as they apply for the purposes of the interpretation of an Act of Parliament or statutory instrument.

3.—(1) Subject to Articles 5 to 12 of this Memorandum, the provision made for Great Britain and the provision made for Northern Ireland shall operate as a single system within the United Kingdom.

(2) For the purposes of paragraph (1), all acts, omissions and events and in particular any application, declaration, direction, decision or order having effect for the provision made for Great Britain and having effect in that territory or for the provision made for Northern Ireland and having effect in that territory, shall have a corresponding effect for the purpose of the provision made for child support maintenance made in the other territory.

4.  Nothing in this Memorandum shall require the payment of a fee under the provision made for one territory if such a fee is paid or liable to be paid in the same circumstances under the provision made for the other territory.

Part 2 Case Ownership

5.—(1) Subject to paragraphs (2) and (4), where two or more applications for a maintenance assessment are made in relation to the same absent parent or a person treated as such, under the provision made for one territory and under the provision made for the other territory, all the said applications shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care resides in respect of whom the first application was received.

(2) Subject to paragraph (4), where the applications specified in paragraph (1) include an application under section 7 of the Act by a qualifying child (right of child in Scotland to apply for assessment), all the applications shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care of the said qualifying child resides.

(3) Subject to paragraph (4), where a person with care whose application is dealt with under the provisions of paragraph (1) makes an application in respect of another absent parent, that further application shall be dealt with in, and in accordance with the provision made for, the territory specified in that paragraph.

(4) Where paragraphs (1), (2) or (3) apply, the determining authority shall, in determining the amount of child support maintenance to be fixed by any maintenance assessment, take into account in calculating that amount, any provisions which would otherwise have been applicable to that calculation had the assessment been made in accordance with the provision made for the other territory.

[F1 (5) Subject to paragraph (7), where an application for a maintenance assessment is made under the provisions for one territory in relation to an absent parent, a person treated as such, or an alleged absent parent who resides in the other territory, that application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care resides.

(6) Subject to paragraph (7), where an application for a maintenance assessment is made under section 7 of the Act by a qualifying child, the application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care of that child resides.

(7) Where paragraphs (5) and (6) apply, the determining authority shall, in determining the amount of child support maintenance to be fixed by any maintenance assessment, take into account in calculating that amount, any provisions which would otherwise have been applicable to that calculation had the assessment been made in accordance with the provision made for the other territory.]

Textual Amendments

F1 Art. 5(5)-(7) of Sch. 1 added (22.1.96) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 S.I. 1995/3261, reg. 1(2), Sch. 1A

Part 3 Multiple Applications

6.  Where—

(a) no maintenance assessment is in force and an application for such an assessment is made in one territory and another such application is made in the other territory in respect of the same qualifying child or children and the same person with care and absent parent or parents or person treated as such; and

(b) but for the fact that the person with care, and the absent parent or parents or person treated as such reside in different territories the provisions regarding multiple applications made under the provision for Great Britain or the provision made for Northern Ireland would apply,

those provisions shall have effect to determine which application shall be proceeded with.

Part 4 Disclosure of Information and Inspectors

7.—(1) Subject to paragraph (2) where the Secretary of State, the Department, or a child support officer appointed under the provision made for Great Britain or for Northern Ireland, has in his or its possession any information or evidence held for the purposes of the provision made for his or its territory, that information or evidence may be disclosed to the Secretary of State, the Department or the child support officer for the other territory for the purposes of the provision made for Great Britain or for Northern Ireland, as the case may be.

(2) Where information is disclosed under the provisions of paragraph (1), the provision made for Northern Ireland or, as the case may be, Great Britain, relating to unauthorised disclosure of information shall apply to that information.

8.  Where in relation to a particular case, for the purposes of the provision made for one territory (the first provision) it is necessary for an inspector to be appointed, an inspector may be appointed under the provision for the other territory to exercise his powers of inspection for the purposes of the first provision.

Part 5 Appeals

9.  Subject to Article 12, any appeal from any decision of a determining authority made under the provision for one territory shall be heard and determined—

(a) in a case which is being dealt with in accordance with the provisions of Article 5 above, or

(b) in a case where the relevant persons to the appeal are resident in different territories,

in, and in accordance with the provision made for, the territory in which case is being dealt with.

Part 6 Collection and Enforcement

10.   Where a deduction from earnings order is made under the provision made for one territory and the liable person works for an employer in the other territory, the deduction from earnings order shall have effect in the territory in which the liable person works as if it was made under provision for that territory.

11.   Where an application for a liability order is to be made against a liable person under the provision made for one territory and the liable person is resident in the other territory, the application shall be made under the provision for the territory in which the liable person is resident, notwithstanding the fact that the liability arose or the maintenance assessment was made under the provision for the other territory.

12.   Where a deduction from earnings order has been applied or a liability order has been obtained in accordance with Articles 10 or 11, any appeal in connection with that deduction from earnings order or liability order or action as a consequence of the deduction from earnings order or liability order shall be made under the provision for the territory in which the liable person is resident.

[F2 PART 6A PARENTAGE

Textual Amendments

F2 Part. 6A of Sch. 1 added (22.1.96) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 S.I. 1995/3261, reg. 1(2), Sch. 1A

12A.   Where a person with care resides in one territory and an alleged parent who denies that he is one of the parents of a child in respect of whom an application for a maintenance assessment has been made resides in the other territory:—

(a) The person with care or the Secretary of State may apply for a declaration as to whether or not the alleged parent is one of the child’s parents, under Article 28 of the Order;

(b) The person with care or the Department of Health and Social Services may apply for such a declaration under section 27 of the Act; and

(c) The Department of Health and Social Services may bring an action for declarator of parentage under the provisions of section 28 of the Act.]

Part 7 Administrative Procedures

13.   The Secretary of State and the Department may from time to time determine the administrative procedures appropriate for the purposes of giving effect to this Memorandum.

Part 8 Operative Date

14.   The arrangements in this Memorandum shall come into effect on 5th April 1993 but either Party may terminate them by giving not less than six months notice in writing to the other.

Signed on 8th day of March 1993.

Peter Lilley

Secretary of State for Social Security

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on9th day of March 1993.

F. A. Elliott

Permanent Secretary

Regulation 2(1)

[F3 SCHEDULE 1A EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGE MENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

Textual Amendments

F3 Sch. 1A added (22.1.96) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 S.I. 1995/3261, reg. 1(2), Sch.

No. 1 THE SECRETARY OF STATE FOR SOCIAL SECURITY AND THE DEPART MENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND

7th November 1995

Sir,

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came in to effect on 5 April 1993 (which in this letter is referred to as “the Principal Memorandum”) and to recent discussions between the Department of Social Security and the Department of Health and Social Services for Northern Ireland concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour to propose the following amendments to the Principal Memorandum:

After paragraph (4) of Article 5 there shall be inserted:—

“(5) Subject to paragraph (7), where an application for a maintenance assessment is made under the provisions for one territory in relation to an absent parent, a person treated as such, or an alleged absent parent who resides in the other territory, that application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care resides.

(6)  Subject to paragraph (7), where an application for a maintenance assessment is made under section 7 of the Act by a qualifying child, the application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care of that child resides.

(7) Where paragraphs (5) and (6) apply, the determining authority shall, in determining the amount of child support maintenance to be fixed by any maintenance assessment, take into account in calculating that amount, any provisions which would otherwise have been applicable to that calculation had the assessment been made in accordance with the provision made for the other territory.”.

After Part 6 there shall be inserted the following Part:—

“PART 6A PARENTAGE

12A.   Where a person with care resides in one territory and an alleged parent who denies that he is one of the parents of a child in respect of whom an application for a maintenance assessment has been made resides in the other territory:—

(a) The person with care or the Secretary of State may apply for a declaration as to whether or not the alleged parent is one of the child’s parents, under Article 28 of the Order;

(b) The person with care or the Department of Health and Social Services may apply for such a declaration under section 27 of the Act ; and

(c) The Department of Health and Social Services may bring an action for declarator of parentage under the provisions of section 28 of the Act . ”.

If the foregoing proposals are acceptable to you, I have the honour to propose that this letter and your reply to that effect shall constitute a Memorandum of Arrangements between us which shall come into effect on 21st January 1996.

Andrew Mitchell

For the Secretary of State for Social Security

No. 2 THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND TO THE SECRETARY OF STATE FOR SOCIAL SECURITY

8th November 1995

Sir

I refer to your letter of 7th November 1995 which reads as follows:

“I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5 April 1993 (which in this letter is referred to as “the Principal Memorandum”) and to the recent discussions between the Department of Social Security and the Department of Health and Social Services for Northern Ireland concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.”

I now have the honour to propose the following amendments to the Principal Memorandum:

After paragraph (4) of Article 5 there shall be inserted:—

“(5) Subject to paragraph (7), where an application for a maintenance assessment is made under the provisions for one territory in relation to an absent parent, a person treated as such, or an alleged absent parent, who resides in the other territory, that application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care resides.

(6)  Subject to paragraph (7), where an application for a maintenance assessment is made under section 7 of the Act by a qualifying child, the application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care of that child resides.

(7) Where paragraph (5) or (6) apply, the determining authority shall, in determining the amount of child support maintenance to be fixed by any maintenance assessment, take into account in calculating that amount, any provisions which would otherwise have been applicable to that calculation had the assessment been made in accordance with the provision made for the other territory.”.

After Part 6 there shall be inserted the following Part:—

“PART 6A PARENTAGE

12A.   Where a person with care resides in one territory and an alleged parent who denies that he is one of the parents of a child in respect of whom an application for a maintenance assessment has been made resides in the other territory:—

(a) The person with care or the Secretary of State may apply for a declaration as to whether    or not the alleged parent is one of the child’s parents, under Article 28 of the Order;

(b) The person with care or the Department of Health and Social Services may apply for    such a declaration under section 27 of the Act ; and

(c) The Department of Health and Social Services may bring an action for declarator of    parentage under the provisions of section 28 of the Act . ”.

I have the honour to confirm that the foregoing proposals are acceptable to the Department of Health and Social Services for Northern Ireland and agree that your letter and this reply shall constitute a Memorandum of Arrangements between us which shall come into effect on 21st January 1996.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on the 8th day of November 1995.

F. A. Elliott

Permanent Secretary.]

Regulation 2(1)

[F4 SCHEDULE 1B EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGEMENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

Textual Amendments

F4 Sch. 1B inserted (16.4.2002) by The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002 (S.I. 2002/771), regs. 1(1), 3, Sch. 1

No. 1 THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR WORK AND PENSIONS, WITH THE CONSENT OF THE TREASURY, TO THE MINISTER FOR SOCIAL DEVELOPMENT

11th March 2002

Sir,

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995 (which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”). I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:

In Article 1—

(a) after the definition of “the Act” there shall be inserted the following definition—

“ “the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000; ”;

(b) after the definition of “application” there shall be inserted the following definition—

““the Department” means the Department for Social Development;”; and

(c) for the definition of “determining authority” there shall be substituted the following definition—

• ““determining authority” means, in relation to Great Britain, the Secretary of State, an appeal tribunal or a Commissioner, and, in relation to Northern Ireland, the Department, an appeal tribunal or a Commissioner;”.

After Article 1 there shall be inserted—

“1A.— (1) In these arrangements—

(a) references to a maintenance assessment shall, in relevant cases, include references to a maintenance calculation;

(b) references to an absent parent shall, in relevant cases, include references to a non-resident parent; and

(c) references to cases where an application for a maintenance assessment is made shall, in relevant cases, include references to cases where an application for a maintenance calculation is treated as having been made.

(2)  In this Article, “relevant cases” means cases for the purposes of which section 1 of the 2000 Act has come into force or cases for the purposes of which section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 has come into operation. ”.

Article 3 shall be amended as follows—

(a) in paragraph (1), for the word “12”, there shall be substituted the word “12A”; and

(b) in paragraph (2), after the word “decision” there shall be inserted the word “, determination”.

Article 7(1) shall be amended as follows—

(a) for the words “, the Department, or a child support officer appointed under the provision made for Great Britain or for Northern Ireland,” there shall be substituted the words “or the Department”; and

(b) for the words “, the Department or the child support officer for the other territory”, there shall be substituted the words “or the Department”.

Article 12A shall be amended as follows—

(a) in paragraph (a), for the words “Article 28 of the Order” there shall be substituted the words “Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989”;

(b) in paragraph (b), for the words “section 27 of the Act” there shall be substituted the words “section 55A of the Family Law Act 1986”; and

(c) in paragraphs (b) and (c), the words “of Health and Social Services” shall be omitted on each occasion where they occur.

If the foregoing proposals are acceptable to you, I have the honour to propose that this letter and your reply to that effect shall constitute a Memorandum of Arrangements between us which shall come into effect on 16th April 2002.]

No. 2 THE MINISTER FOR SOCIAL DEVELOPMENT, WITH THE CONSENT OF THE DEPARTMENT OF FINANCE AND PERSONNEL, TO THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR WORK AND PENSIONS

14th March 2002

Madam,

I refer to your letter of 11th March 2002 which reads as follows:

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995 (which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”). I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:

In Article 1—

(a) after the definition of “the Act” there shall be inserted the following definition—

““the 2000 Act” means the Child Support, Pensions and Social Security Act 2000;”;

(b) after the definition of “application” there shall be inserted the following definition—

““the Department” means the Department for Social Development;”; and

(c) for the definition of “determining authority” there shall be substituted the following definition—

• ““determining authority” means, in relation to Great Britain, the Secretary of State, an appeal tribunal or a Commissioner, and, in relation to Northern Ireland, the Department, an appeal tribunal or a Commissioner;”.

After Article 1 there shall be inserted—

“1A.— (1) In these arrangements—

(a) references to a maintenance assessment shall, in relevant cases, include references to a maintenance calculation;

(b) references to an absent parent shall, in relevant cases, include references to a non-resident parent; and

(c) references to cases where an application for a maintenance assessment is made shall, in relevant cases, include references to cases where an application for a maintenance calculation is treated as having been made.

(2) In this Article, “relevant cases” means cases for the purposes of which section 1 of the 2000 Act has come into force or cases for the purposes of which section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 has come into operation.”.

Article 3 shall be amended as follows—

(a) in paragraph (1), for the word “12”, there shall be substituted the word “12A”; and

(b) in paragraph (2), after the word “decision” there shall be inserted the word “, determination”.

Article 7(1) shall be amended as follows—

(a) for the words “, the Department, or a child support officer appointed under the provision made for Great Britain or Northern Ireland,” there shall be substituted the words “or the Department”; and

(b) for the words “, the Department or the child support officer for the other territory”, there shall be substituted the words “or the Department”.

Article 12A shall be amended as follows—

(a) in paragraph (a), for the words “Article 28 of the Order” there shall be substituted the words “Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989”;

(b) in paragraph (b), for the words “section 27 of the Act” there shall be substituted the words “section 55A of the Family Law Act 1986”; and

(c) in paragraphs (b) and (c), the words “of Health and Social Services” shall be omitted on each occasion where they occur.

I have the honour to confirm, with the consent of the Department of Finance and Personnel, that the foregoing proposals are acceptable to the Minister for Social Development, and agree that your letter and this reply shall constitute a Memorandum of Arrangements between us which shall come into effect on 16th April 2002.

Regulation 2(1)

[F5 SCHEDULE 1C EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGEMENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

Textual Amendments

F5 Sch. 1C inserted (29.10.2012) by The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2012 (S.I. 2012/2380), regs. 1(1), 2(3), Sch. 1

No. 1 THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR WORK AND PENSIONS, WITH THE CONSENT OF THE TREASURY, TO THE MINISTER FOR SOCIAL DEVELOPMENT

9th August 2012

Sir,

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with—

(a) the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995; and

(b) the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 11th March 2002 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 14th March 2002,

(which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”).

I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:

In Article 5—

(a) in paragraph (1) for “and (4) substitute”, (4) and (8);

(b) in paragraph (2) for “paragraph (4)” substitute “paragraphs (4) and (8)”;

(c) in paragraph (3) for “paragraph (4)” substitute “paragraphs (4) and (8)”;

(d) in paragraph (5) for “paragraph (7)” substitute “paragraphs (7) and (8)”;in

(e) in paragraph (6) for “paragraph (7)” substitute “paragraphs (7) and (8)”; andin

(f) after paragraph (7) insert the following paragraphs-

“(8) An application for a maintenance calculation which is to be determined in accordance with the new calculation rules shall be dealt with in, and in accordance with the provision made for, the territory in which the person who is, or is treated as or alleged to be, the non-resident parent in relation to that application resides.

(9) Where paragraph (8) applies to an application for a maintenance calculation and there is an existing case in respect of which the same person is, or is treated as or alleged to be, the non-resident parent, that case shall also be dealt with (insofar as it is not already) in, and in accordance with the provision made for, the territory in which that person resides.

(10) For the purpose of paragraphs (8) and (9), where the person who is, or is treated as or alleged to be, the non-resident parent in relation to the application falls within section 44(2A) of the Act, or Article 41(2A) of the Order, that person shall be treated as if residing in Great Britain.

(11) In this Article- “existing care” means any case where the maintenance assessment or maintenance calculation is made, or will fall to be made, otherwise than in accordance with the new calculation rules; “new calculation rules” means Part 1 of Schedule 1 to the Act as amended by Schedule 4 to the Child Maintenance and Other Payments Act 2008, or Part 1 of Schedule 1 to the Order as amended by Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008.

(12) In paragraphs (9) and (10), where relevant, references to non-resident parent include references to absent parent.”

If the foregoing proposals are acceptable to you, I have the honour to propose that this letter and your reply to that effect shall constitute a Memorandum of Arrangements between us which it is proposed shall come into effect on 29th October 2012.

Signed by authority of the Secretary of State for Work and Pensions.

9th August 2012

Maria Miller

Parliamentary Under-Secretary of State, Department for Work and Pensions

We consent

Jeremy Wright

Brooks Newmark

4th September 2012

Two of the Lords Commissioners of Her Majesty’s Treasury

No. 2 THE MINISTER FOR SOCIAL DEVELOPMENT, WITH THE CONSENT OF THE DEPARTMENT OF FINANCE AND PERSONNEL, TO THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR WORK AND PENSIONS

10th September 2012

Madam,

I refer to your letter of 9th August 2012 which reads as follows:

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with—

(a) the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995; and

(b) the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 11th March 2002 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 14th March 2002,

(which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”).

I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:

In Article 5—

(a) in paragraph (1) for “and (4) substitute”, (4) and (8);

(b) in paragraph (2) for “paragraph (4)” substitute “paragraphs (4) and (8)”;

(c) in paragraph (3) for “paragraph (4)” substitute “paragraphs (4) and (8)”;

(d) in paragraph (5) for “paragraph (7)” substitute “paragraphs (7) and (8)”;in

(e) in paragraph (6) for “paragraph (7)” substitute “paragraphs (7) and (8)”; andin

(f) after paragraph (7) insert the following paragraphs-

“(8) An application for a maintenance calculation which is to be determined in accordance with the new calculation rules shall be dealt with in, and in accordance with the provision made for, the territory in which the person who is, or is treated as or alleged to be, the non-resident parent in relation to that application resides.

(9) Where paragraph (8) applies to an application for a maintenance calculation and there is an existing case in respect of which the same person is, or is treated as or alleged to be, the non-resident parent, that case shall also be dealt with (insofar as it is not already) in, and in accordance with the provision made for, the territory in which that person resides.

(10) For the purpose of paragraphs (8) and (9), where the person who is, or is treated as or alleged to be, the non-resident parent in relation to the application falls within section 44(2A) of the Act, or Article 41(2A) of the Order, that person shall be treated as if residing in Great Britain.

(11) In this Article- “existing care” means any case where the maintenance assessment or maintenance calculation is made, or will fall to be made, otherwise than in accordance with the new calculation rules; “new calculation rules” means Part 1 of Schedule 1 to the Act as amended by Schedule 4 to the Child Maintenance and Other Payments Act 2008, or Part 1 of Schedule 1 to the Order as amended by Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008.

(12) In paragraphs (9) and (10), where relevant, references to non-resident parent include references to absent parent.”

I have the honour to confirm, with the consent of the Department of Finance and Personnel, that the foregoing proposals are acceptable to the Minister for Social Development, and agree that your letter and this reply shall constitute a Memorandum of Arrangements between us which it is proposed shall come into effect on 29th October 2012.

Sealed with the Official Seal of the Department for Social Development on 10th September 2012,

Nelson McCausland

Minister for Social Development

The Department of Finance and Personnel hereby consents.

Sealed with the Official Seal of the Department of Finance and Personnel on 10th September 2012,

John McKibbin

Senior Officer of the Department of Finance and Personnel.]

Regulation 2(1)

[F6 Schedule 1D] EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGEMENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

Textual Amendments

F6 Sch. 1D inserted (30.6.2014) by The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2014 (S.I. 2014/1423), regs. 1, 2(3), Sch. 1

No. 1 THE MINISTER OF STATE FOR WORK AND PENSIONS, WITH THE CONSENT OF THE TREASURY, TO THE MINISTER FOR SOCIAL DEVELOPMENT

14TH March 2014

Sir,

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with—

(a) the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995;

(b) the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 11th March 2002 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 14th March 2002; and

(c) the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 9th August 2012 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 10th September 2012.

(which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”).

I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:

In Article 5—

(a) for paragraph (8) substitute—

("8) An application for a maintenance calculation which is to be determined in accordance with the new calculation rules shall be dealt with in, and in accordance with the provision made for, the territory in which the person who makes the application resides until—

(a) where the applicant resides in Great Britain—

(i) the application is taken to have been made for the purposes of regulation 9(2) (applications under section 4 or 7 of the Act) of the Child Support Maintenance Calculation Regulations 2012,

(ii) any application fee payable under regulation 3(1) of the Child Support Fees Regulations 2014 has been paid or waived in accordance with those Regulations,

(iii) the Secretary of State has ascertained and verified the address of the non-resident parent in relation to the application, and

(iv) where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied; or

(b) where the applicant resides in Northern Ireland—

(i) the application is taken to have been made for the purposes of regulation 9(2) (applications under Article 7) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012,

(ii) the Department has ascertained and verified the address of the non-resident parent in relation to the application, and

(iii) where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied,

from which point the case shall be dealt with in, and in accordance with the provision made for, the territory in which the non-resident parent in relation to the application resides.";

(b) after paragraph (8), insert—

("8A) Where there is an existing case related to the application, in relation to which the interested parties have been required to choose whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008) as a result of that application, the condition is that any liability end date in relation to that existing case must have passed.

(8B) Where the applicant has chosen to remain in the statutory scheme, in response to being required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008), the condition is that the liability end date in relation to that existing case must have passed.

(8C) For the purposes of paragraph (8A), an existing case is related to an application if—

(a) the non-resident parent in relation to that application is also the non-resident parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case, or

(b) the non-resident parent in relation to that application is a parent of a non-resident parent in relation to the existing case and both are in receipt of a benefit prescribed by regulations made under paragraph 4(1)(c) (flat rate) of Schedule 1 to the Act or paragraph 4(1)(c) (flat rate) of Schedule 1 to the Order.

(8D) For the purposes of paragraphs (8) and (8C), a non-resident parent includes a person who is treated as or alleged to be a non-resident parent.";

(c) paragraph (9) is omitted;

(d) in paragraph (10)—

(i) for "paragraphs" substitute "paragraph",

(ii) omit "and (9)";

(e) in paragraph (11)—

(i) before the definition of "existing case" insert—

""the 2008 Act" means the Child Maintenance and Other Payments Act 2008;",

(ii) insert the following definitions where they fall alphabetically—

""interested parties" means the non-resident parent, the person with care and, in the case of an application made by a qualifying child under section 7(1) of the Act, or a maintenance calculation or assessment made in response to an application under that section, the child in question;".

""liability end date" means the date determined in accordance with—

(a) regulations made under Schedule 5 (maintenance calculations transfer of cases to new rules) to the 2008 Act as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule, or

(b) regulations made under Schedule 2 (maintenance calculations transfer of cases to new rules) to the Child Maintenance Act (Northern Ireland) 2008 as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule;",

""partner" means a person falling within the definition of "partner" given in paragraph 10C(4) of Schedule 1 (maintenance calculations - reference to various terms) to the Act or paragraph 10C(4) of Schedule 1 (maintenance calculations- reference to various terms) to the Order.";

(f) in paragraph (12), for "(9) and (10)" substitute "(8C), (8D), (10) and (11)".

If the foregoing proposals are acceptable to you, I have the honour to propose that this letter and your reply to that effect shall constitute a Memorandum of Arrangements between us which it is proposed shall come into effect on 30th June 2014."

Signed by authority of the Secretary of State for Work and Pensions.

14th May 2014

Steve Webb

Minister of State, Department for Work and Pensions

We consent

Sam Gyimah

12th May 2014

Mark Lancaster

Two of the Lords Commissioners of Her Majesty's Treasury

No. 2 THE MINISTER OF SOCIAL DEVELOPMENT, WITH CONSENT OF THE DEPARTMENT OF FINANCE AND PERSONNEL, TO THE MINISTER OF STATE FOR WORK AND PENSIONS

Sir,

I refer to your etter of 14th May 2014 which reads as follows:

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with—

(a) the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995;

(b) the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 11th March 2002 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 14th March 2002; and

(c) the Exchange of Letters from the Parliamentary Under-Secretary of State for Work and Pensions to the Minister for Social Development of 9th August 2012 and from the Minister for Social Development to the Parliamentary Under-Secretary of State for Work and Pensions of 10th September 2012.

(which Memorandum in its amended form is referred to in this letter as “the Principal Memorandum”).

I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:

In Article 5—

(a) for paragraph (8) substitute—

("8) An application for a maintenance calculation which is to be determined in accordance with the new calculation rules shall be dealt with in, and in accordance with the provision made for, the territory in which the person who makes the application resides until—

(a) where the applicant resides in Great Britain—

(i) the application is taken to have been made for the purposes of regulation 9(2) (applications under section 4 or 7 of the Act) of the Child Support Maintenance Calculation Regulations 2012,

(ii) any application fee payable under regulation 3(1) of the Child Support Fees Regulations 2014 has been paid or waived in accordance with those Regulations,

(iii) the Secretary of State has ascertained and verified the address of the non-resident parent in relation to the application, and

(iv) where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied; or

(b) where the applicant resides in Northern Ireland—

(i) the application is taken to have been made for the purposes of regulation 9(2) (applications under Article 7) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012,

(ii) the Department has ascertained and verified the address of the non-resident parent in relation to the application, and

(iii) where the application is one to which paragraph (8A) or (8B) applies, the condition in that paragraph is satisfied,

from which point the case shall be dealt with in, and in accordance with the provision made for, the territory in which the non-resident parent in relation to the application resides.";

(b) after paragraph (8), insert—

("8A) Where there is an existing case related to the application, in relation to which the interested parties are required, as a result of the application, to choose whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008), the condition is that any liability end date in relation to that existing case must have passed.

(8B) Where the applicant has chosen to remain in the statutory scheme, in response to being required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act or Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008), the condition is that the liability end date in relation to that existing case must have passed.

(8C) For the purposes of paragraph (8A), an existing case is related to an application if—

(a) the non-resident parent in relation to that application is also the non-resident parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case, or

(b) the non-resident parent in relation to that application is a parent of a non-resident parent in relation to the existing case and either or both are in receipt of a benefit prescribed by regulations made under paragraph 4(1)(c) (flat rate) of Schedule 1 to the Act or paragraph 4(1)(c) (flat rate) of Schedule 1 to the Order.

(8D) For the purposes of paragraphs (8) and (8C), a non-resident parent includes a person who is treated as or alleged to be a non-resident parent.";

(c) paragraph (9) is omitted;

(d) in paragraph (10)—

(i) for "paragraphs" substitute "paragraph",

(ii) omit "and (9)";

(e) in paragraph (11)—

(i) before the definition of "existing case" insert—

""the 2008 Act" means the Child Maintenance and Other Payments Act 2008;",

(ii) insert the following definitions where they fall alphabetically—

""interested parties" means the non-resident parent, the person with care and, in the case of an application made by a qualifying child under section 7(1) of the Act, or a maintenance calculation or assessment made in response to an application under that section, the child in question;".

""liability end date" means the date determined in accordance with—

(a) regulations made under Schedule 5 (maintenance calculations transfer of cases to new rules) to the 2008 Act as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule, or

(b) regulations made under Schedule 2 (maintenance calculations transfer of cases to new rules) to the Child Maintenance Act (Northern Ireland) 2008 as the date beyond which no further liability accrues in relation to the existing case for the purposes of paragraph 5(1) and (2) of that Schedule;",

"partner" means a person falling within the definition of "partner" given in paragraph 10C(4) of Schedule 1 (maintenance calculations - reference to various terms) to the Act or paragraph 10C(4) of Schedule 1 (maintenance calculations- reference to various terms) to the Order.";

(f) in paragraph (12), for "(9) and (10)" substitute "(8C), (8D), (10) and (11)"

I have the honour to confirm, with the consent of the Department of Finance and Personnel, that the foregoing proposals are acceptable and agree that your letter and this reply shall constitute a Memorandum of Arrangements between us which it is proposed shall come into effect on 30th June 2014."

Sealed with the Official Seal of the Department for Social Development on 21st May 2014.

Nelson McCousland

Minister for Social Development

The Department of Finance and Personnel hereby consents

Sealed with the Official Seal of the Department of Finance and Personnel on 21st May 2014

John McKibbin

Senior Officer of the Department of Finance and Personnel

Regulation 2(2)

SCHEDULE 2 ADAPTATION OF CERTAIN PROVISIONS OF THE CHILD SUPPORT ACT 1991

Column 1	Column 2	Column 3
Provisions of the Child Support Act 1991	Provisions of the Child Support (Northern Ireland) Order 1991	Subject Matter
Section 1	Article 5	The duty to maintain
Section 2	Article 6	Welfare of children: the general principle
Section 8	Article 10	Role of the courts with respect to maintenance for children
Section 9	Article 11	Agreements about maintenance
Section 10	Article 12	Relationship between maintenance assessments and certain court orders and related matters
[F7 Section 14A	Article 16A	Information — offences]
Section 15	Article 17	Powers of inspectors
F8 . . .
Section 29	Article 29	Collection of child support maintenance
Section 30	Article 30	Collection and enforcement of other forms of maintenance

Textual Amendments

F7 Words in Sch. 2 inserted (16.4.2002) by The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002 (S.I. 2002/771), regs. 1(1), 4(2)

F8 Words in Sch. 2 omitted (16.4.2002) by virtue of The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002 (S.I. 2002/771), regs. 1(1), 4(3)

Regulation 2(2)

[F9 SCHEDULE 3 ADAPTATION OF THE CHILD SUPPORT ACT 1991 AND THE FAMILY LAW ACT 1986 FOR THE PURPOSES OF THE CHILD SUPPORT ACT 1991

Textual Amendments

F9 Sch. 3 inserted (16.4.2002) by The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002 (S.I. 2002/771), regs. 1(1), 5, Sch. 2

Column 1	Column 2	Column 3
Provision of the Child Support Act 1991 (“the 1991 Act ”) or the Family Law Act 1986 (“the 1986 Act ”)	Provision of the Matrimonial Proceedings (Northern Ireland) Order 1989	Subject matter
Section 28 of the 1991 Act	Article 31B	Application for declaration of parentage for the purposes of the 1991 Act
Section 55A of the 1986 Act	Article 31B	Application for declaration of parentage for the purposes of the 1991 Act . ]