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Further amendment of the Maintenance Assessments and Special Cases Regulations
     5.  - (1) The Maintenance Assessments and Special Cases Regulations shall be further amended in accordance with paragraphs (2) and (3).

    (2) In regulation 9 (exempt income: calculation or estimation of E) - 

(a) in paragraph (1) - 


(i) sub-paragraph (c) shall be omitted;

(ii) for sub-paragraph (f) there shall be substituted the following sub-paragraph - 


" (f) where, if the parent were a claimant, the conditions in paragraph 3(1) of the relevant Schedule (income support family premium) would be satisfied in respect of a relevant child of that parent, the amount specified in head (b) of that paragraph or, where those conditions would be satisfied only by virtue of the case being one to which paragraph (2) applies, half that amount;";



(b) in paragraph (2)(c)(iv) for "paragraph 3(b)" there shall be substituted "paragraph 3(1)(b)".

    (3) In regulation 11 (protected income) - 

(a) in paragraph (1) - 


(i) sub-paragraph (c) shall be omitted;

(ii) for sub-paragraph (f) there shall be substituted the following sub-paragraph - 


" (f) where, if the parent were a claimant, the conditions in paragraph 3(1) of the relevant Schedule (income support family premium) would be satisfied, the amount specified in head (b) of that paragraph ;";



(b) in paragraph (3) for "sub-paragraph (c) or (f)" there shall be substituted "sub-paragraph (f)".

Amendment of the Child Support (Collection and Enforcement) Regulations
     6. In regulation 12 of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992[36] (amount to be deducted by employer) after paragraph (3) there shall be inserted the following paragraph - 

    " (3A) Where, on any pay-day, the liable person receives a payment of earnings covering a period longer than the period by reference to which the normal deduction rate is set, the employer shall, subject to paragraph (2), make a deduction from the net earnings paid to that liable person on that pay-day of an amount which is in the same proportion to the normal deduction rate as that longer period is to the period by reference to which that normal deduction rate is set.".

Amendment of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations
     7. In regulation 3(1) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992[37] (relationship between maintenance assessments and certain court orders) after sub-paragraph (l) there shall be added the following sub-paragraph - 

" (m) Schedule 1 to the Children (Northern Ireland) Order 1995[38].".

Amendment of the Child Support Appeal Tribunals (Procedure) Regulations
     8.  - (1) The Child Support Appeal Tribunals (Procedure) Regulations (Northern Ireland) 1993[39] shall be amended in accordance with paragraphs (2) to (5).

    (2) In regulation 1(2) (citation, commencement and interpretation) at the end of sub-paragraph (cc)[40] in the definition of "party to the proceedings" there shall be added "or to a referral".

    (3) In regulation 3[41] (making an appeal or application and time limits) - 

(a) in paragraph (11A) "at the appropriate office" shall be omitted;

(b) in paragraph (11B) for "paragraph (9)" there shall be substituted "paragraph (9) or (10)" and for "in the appropriate office" there shall be substituted "by the clerk to the tribunal".

    (4) In regulation 5(1)[42] (directions) after "and may" there shall be inserted ", subject to paragraph (3),".

    (5) In regulation 11(1)[43] (hearings) the word "application" wherever it appears shall be omitted.

Amendment of the Departure Direction Regulations
     9.  - (1) The Departure Direction Regulations shall be amended in accordance with paragraphs (2) to (24).

    (2) In regulation 8 (procedure in relation to the determination of an application) - 

(a) in paragraph (1) after "Department shall" there shall be inserted ", unless it is satisfied on the information or evidence available to it that a departure direction is unlikely to be given";

(b) after paragraph (4) there shall be inserted the following paragraph - 

    " (4A) Where the provisions of paragraph (1) have not been complied with because the Department was satisfied on the information or evidence available to it that a departure direction was unlikely to be given, but on further consideration of the application it is minded to give a departure direction in that case, it shall, before doing so, comply with the provisions of this regulation.".

    (3) For regulation 9 (departure directions and persons in receipt of income support or income-based jobseeker's allowance) there shall be substituted the following regulation - 

" Departure directions and persons in receipt of income support, income-based jobseeker's allowance, family credit or disability working allowance
     9.  - (1) The costs referred to in regulations 13 to 18 shall not constitute special expenses where they are or were incurred - 


(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by a person with care to or in respect of whom income support, income-based jobseeker's allowance, family credit or disability working allowance is or was in payment at the date on which any departure direction given in response to that application would take effect; or

(c) by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.



    (2) A transfer shall not constitute a transfer of property for the purposes of paragraph 3(1)(b) or 4(1)(b) of Schedule 4B to the Order[44], or of regulations 21 and 22, where the application is made - 



(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by a person with care and, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.



    (3) A case shall not constitute a case under regulations 23 to 29 where the application is made - 



(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by an absent parent where, at the date on which any departure direction given in response to that application would take effect, income support, income-based jobseeker's allowance, family credit or disability working allowance is or was in payment to or in respect of the person with care of the child or children in relation to whom the maintenance assessment in question is made;

(c) by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.".

    (4) In regulation 11 (departure application and review under Article 19 of the Order) for "is later" there shall be substituted "would be later".

    (5) After regulation 11 there shall be inserted the following regulation - 

" Meaning of "current assessment" for the purposes of the Order
     11A. Where - 


(a) an application made under Article 28A of the Order[45] has been made in respect of a current assessment;

(b) after the making of that application, that current assessment has been reviewed under Article 18, 19, 20 or 21 of the Order, whether or not that review was initiated by a reference under Article 28B(4) of the Order; and

(c) following that review, a fresh maintenance assessment has been made - 


(i) the effective date of which is the same as the effective date of that current assessment, or

(ii) which takes effect on the correct date applicable to that current assessment in circumstances where that current assessment has been reviewed on grounds which include the ground that its effective date was incorrect,



references to the current assessment in Articles 28B(3), 28C(2)(a) and 28F(5) of, and in paragraph 8 of Schedule 4A and paragraphs 2, 3 and 4 of Schedule 4B to, the Order shall have effect as if they were references to that fresh maintenance assessment.".

    (6) In regulation 15 (illness or disability) - 

(a) at the beginning of paragraphs (3) and (4) there shall be inserted "Subject to paragraph (4A),";

(b) after paragraph (4) there shall be inserted the following paragraph - 

    " (4A) Paragraphs (3) and (4) shall not apply where the dependant of an applicant is adjudged eligible for either of the allowances referred to in paragraph (4) and in all the circumstances of the case the Department considers that the costs being met by the applicant in respect of the items listed in paragraph (1) shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Order without the deductions in paragraph (3) being made.".

    (7) In regulation 17 (pre-1993 financial commitments) - 

(a) in paragraph (1) - 


(i) in sub-paragraph (a) for "a court order or" there shall be substituted "a maintenance order or a written" and at the end "and" shall be omitted;

(ii) after sub-paragraph (a) there shall be inserted the following sub-paragraph - 


" (aa) at least one of the children referred to in sub-paragraph (a) is a child in respect of whom the current assessment was made; and";



(b) paragraph (2) shall be omitted.

    (8) In regulation 18 (costs incurred in supporting certain children) - 

(a) in paragraph (1) after "part of his family" there shall be inserted "and who was, at the date on which any departure direction given in response to an application under this regulation would take effect, living in the same household as that parent";

(b) in paragraph (2) - 


(i) for sub-paragraph (a) there shall be substituted the following sub-paragraph - 


" (a) the child became a relevant child prior to 5th April 1993 and has remained a relevant child for the whole of the period from that date to the date on which any departure direction given in response to an application under this regulation would take effect;";


(ii) for sub-paragraph (b) there shall be substituted the following sub-paragraph - 


" (b) subject to paragraph (7) - 


(i) the liability of the absent parent of a relevant child to pay maintenance to or for the benefit of that child under a maintenance order, a written maintenance agreement or a maintenance assessment, or

(ii) any deduction from benefit under Article 40 of the Order in place of payment of child support maintenance to or for the benefit of that child,



is less than the amount specified in paragraph (4), or there is no such liability or deduction; and";



(c) in paragraph (3) - 



(i) at the beginning there shall be inserted "Subject to paragraph (7A),";

(ii) after "paragraph (2)(b)" there shall be inserted "(i) or any deduction from benefit mentioned in paragraph (2)(b)(ii)";

(iii) after "no such liability" there shall be inserted "or deduction";



(d) in paragraph (4) - 



(i) at the beginning there shall be inserted "Subject to paragraphs (4A) and (4B),";

(ii) at the end of sub-paragraph (b) there shall be added "and";

(iii) for sub-paragraph (c) there shall be substituted the following sub-paragraph - 


" (c) except where the family includes other children of the parent, an amount equal to the income support family premium - 


(i) specified in sub-paragraph (a) of paragraph 3 of that Schedule where, if the applicant were a claimant, the rate of income support family premium specified in that sub-paragraph would be applicable to him, or

(ii) specified in paragraph 3(b) in all other cases.";



(iv) sub-paragraph (d) shall be omitted;



(e) after paragraph (4) there shall be inserted the following paragraphs - 

    " (4A) Where day to day care of the relevant child is shared between the current partner of the person making an application under this regulation and the other parent of that child, the amounts referred to in paragraph (4) shall be reduced by the proportion of those amounts which is the same as the proportion of the week in respect of which the child is not living in the same household as the applicant.

    (4B) Where an application under paragraph (1) is made in respect of more that one relevant child and the family does not include any other children of the parent, the amount applicable under sub-paragraph (c) of paragraph (4) in respect of each relevant child shall be calculated by dividing the amount referred to in that sub-paragraph by the number of relevant children in respect of whom that application is made.";

(f) in paragraph (6) at the end of sub-paragraph (d) there shall be added "or the aggregate of those amounts where paragraph (7A) applies to that partner";

(g) in paragraph (7) after "paragraph (2)(b)" there shall be inserted "(i)";

(h) after paragraph (7) there shall be inserted the following paragraph - 

    " (7A) Where an application is made in respect of relevant children of different parents, a separate calculation shall be made in accordance with paragraphs (3) and (4) in respect of each relevant child or group of relevant children who have the same parents and the amount constituting special expenses referred to in paragraph (1) shall be the aggregate of the amounts calculated in accordance with paragraph (3) in respect of each such relevant child or group of relevant children.";

(i) in paragraph (8) for sub-paragraph (a) there shall be substituted the following sub-paragraph - 


" (a) a child who is not the child of a particular person is a part of that person's family where - 


(i) that child is the child of a current partner of that person, or

(ii) that child is the child of a former partner of that person and lives in the same household as the applicant for every night of each week;".

    (9) In regulation 22(1) (value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Order) after "in lieu of" there shall be inserted "periodical payments of".

    (10) In regulation 23 (assets capable of producing income or higher income) paragraph (3) shall be omitted.

    (11) In regulation 25 (life-style inconsistent with declared income) - 

(a) in paragraph (1) "maintenance" shall be omitted;

(b) for paragraph (2) there shall be substituted the following paragraph - 

    " (2) Paragraph (1) shall not apply where the Department is satisfied that the life-style of the non-applicant is paid for - 


(a) out of capital belonging to him; or

(b) by his partner, unless the non-applicant is able to influence or control the amount of income received by that partner.";



(c) in paragraph (3) for "(2)(b)(ii)" there shall be substituted "(2)(b)".

    (12) In regulation 32 (effective date of a departure direction) - 

(a) in paragraph (3) for "paragraph (6)" there shall be substituted "paragraphs (3A) and (6)";

(b) after paragraph (3) there shall be inserted the following paragraph - 

    " (3A) Where an application is determined in accordance with regulation 14 and is one to which paragraph (7) of that regulation applies, a departure direction given in response to that application shall take effect - 


(a) from the first day of the maintenance period immediately following the date on which the absent parent and the parent with care have agreed the pattern of contact for the future is to commence; or

(b) where no such date has been so agreed, from the first day of the maintenance period immediately following the date upon which the departure direction is given.".

    (13) After regulation 34 (cancellation of a departure direction on recognition of an error) there shall be inserted the following regulation - 

[37] S.R. 1992 No. 466; regulation 3(1) was substituted by regulation 7(4) of S.R. 1995 No. 162back

[38] S.I. 1995/755 (N.I. 2)back

[39] S.R. 1993 No. 50; relevant amending regulations are S.R. 1996 Nos. 457 and 541back

[40] Sub-paragraph (cc) was inserted by regulation 53(2)(a)(ii) of S.R. 1996 No. 541back

[41] Paragraphs (11A) and (11B) were inserted by regulation 2(2) of S.R. 1996 No. 457back

[42] Regulation 5 was amended by regulation 2(3) of S.R. 1996 No. 457 and regulation 53(4) of S.R. 1996 No. 541back

[43] Paragraph (1) was substituted by regulation 2(7)(a) of S.R. 1996 No. 457back

[44] Schedule 4B was inserted by Schedule 1 to the Child Support (Northern Ireland) Order 1995back

[45] Articles 28A to 28C and 28F were inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995back

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