Statutory Rule 1999 No. 167

      The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999


      © Crown Copyright 1999

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STATUTORY RULES OF NORTHERN IRELAND


1999 No. 167

FAMILY LAW

CHILD SUPPORT

The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999

  Made 31st March 1999 
  Coming into operation in accordance with regulation 1

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 14(2), 16(1), 18(1) and (4), 19(3) and (5), 22(4), 28G(3) and (4), 43(2) and 47 of, and paragraphs 4(2) and 10 of Schedule 4A, paragraph 2 of Schedule 4B and paragraphs 1 and 2 of Schedule 4C to, the Child Support (Northern Ireland) Order 1991[1] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement
     1.  - (1) These Regulations may be cited as the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999 and shall, subject to paragraphs (2) and (3), come into operation on 1st June 1999.

    (2) Regulation 3(9) shall come into operation on 18th October 1999.

    (3) Regulation 2(20)(a) shall come into operation on 29th November 1999.

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations
    
2.  - (1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[2] shall be amended in accordance with paragraphs (2) to (26).

    (2) In regulation 1 (interpretation) - 

    (a) in paragraph (2) after the definition of "obligation imposed by Article 9 of the Order" there shall be inserted the following definition - 

      " "official error" means an error made by an officer of the Department acting as such which no person outside the Department caused or to which no person outside the Department materially contributed;"; and

    (b) in paragraph (7) for "8(6), 23(2), 28(3) or 30(6)(a)" there shall be substituted "9(1) or 17(4)".

    (3) In regulation 7 (death of a qualifying child) - 

    (a) in paragraph (1) - 

      (i) for "the child support officer concerned" there shall be substituted "the Department" and for "he" where it first occurs there shall be substituted "it";

      (ii) in sub-paragraph (a) for "he" there shall be substituted "the Department"; and

      (iii) in sub-paragraph (b) for "him" there shall be substituted "the Department"; and

    (b) in paragraph (2) for "the child support officer" there shall be substituted "the Department".

    (4) In regulation 8[3] (categories of interim maintenance assessment) - 

    (a) in paragraph (1) - 

      (i) for "a child support officer" there shall be substituted "the Department";

      (ii) for "his" there shall be substituted "its"; and

      (iii) for "he" there shall be substituted "it"; and

    (b) in paragraph (3) - 

      (i) for "a child support officer" in each place where it occurs there shall be substituted "the Department";

      (ii) in sub-paragraph (a) for "by him to enable him" there shall be substituted "by the Department to enable it";

      (iii) in sub-paragraph (b) for "him" there shall be substituted "the Department" and, in head (ii), "or the child support officer" shall be omitted; and

      (iv) in sub-paragraph (d) for "him" there shall be substituted "it".

    (5) In regulation 8A[4] (amount of an interim maintenance assessment) - 

    (a) for "a child support officer" and "the child support officer" in each place where they occur there shall be substituted "the Department"; and

    (b) for "he" in each place where it occurs there shall be substituted "it".

    (6) In regulation 8C (effective date of an interim maintenance assessment) - 

    (a) in paragraph (1) - 

      (i) "9(9) or" shall be omitted;

      (ii) in sub-paragraph (a) "and to regulations 8B and 9(2) and (3)" shall be omitted; and

      (iii) in sub-paragraphs (b) and (c) "and to regulations 30 to 30C" shall be omitted;

    (b) in paragraph (2) - 

      (i) for the words from the beginning to "regulations 30 to 30C" there shall be substituted "The effective date of an interim maintenance assessment made under Article 14(1)(b) of the Order shall, subject to regulation 32(7)"; and

      (ii) for "is being reviewed" there shall be substituted "the Department is proposing to supersede with a decision under Article 19 of the Order"; and

    (c) in paragraph (3) ", regulation 8B or 9(2), (3) or (9)," shall be omitted.

    (7) In regulation 8D (miscellaneous provisions in relation to interim maintenance assessments) - 

    (a) paragraph (3) shall be omitted;

    (b) in paragraph (4) for "28, 30 to 30C, 31, 32(5) and 53" there shall be substituted "31 and 32(5)";

    (c) in paragraph (5) - 

      (i) "and to regulation 9(15)" shall be omitted; and

      (ii) for "a child support officer" there shall be substituted "it";

    (d) in paragraph (6) for "Subject to regulation 9(15), where a child support officer has insufficient information or evidence to enable him" there shall be substituted "Where the Department has insufficient information or evidence to enable it"; and

    (e) in paragraph (7) for "a child support officer" there shall be substituted "the Department".

    (8) For regulations 9 and 9A[5] there shall be substituted the following regulation - 

    (9) In regulation 10[6] (notification of a new or a fresh maintenance assessment) - 

    (a) for paragraph (1) there shall be substituted the following paragraph - 

        " (1) A person with a right of appeal to an appeal tribunal under - 

      (a) Article 22 of the Order; and

      (b) Article 22 of the Order as extended by paragraph 3(1)(b) of Schedule 4C to the Order,

    shall be given notice of that right and of the decision to which that right relates.";

    (b) paragraphs (1A) to (1C) shall be omitted;

    (c) in paragraph (2) - 

      (i) after "paragraph (1)" there shall be inserted "of a new or fresh maintenance assessment made under Article 13, 18 or 19"; and

      (ii) in sub-paragraph (i) "or (b)" shall be omitted;

    (d) in paragraph (2A) for "a review under Article 18 of the Order of a maintenance assessment the effective date of which is on or before 8th December 1996 or a review under Article 21(1)" there shall be substituted "a revision of a maintenance assessment under Article 18 of the Order or a supersession of a maintenance assessment under Article 19";

    (e) in paragraph (3)(a) for "of the child support officer concerned" there shall be substituted "of the officer concerned who is exercising functions of the Department under the Order"; and

    (f) for paragraphs (4) to (6) there shall be substituted the following paragraph - 

        " (4) Where a decision as to a maintenance assessment is made under Article 13, 14, 18 or 19 of the Order, a notification under paragraph (1) shall include information as to the provisions of Articles 18 and 19 of the Order.".

    (10) In regulation 10A[7] (notification of increase or reduction in the amount of a maintenance assessment) - 

    (a) in paragraph (1), for - 

      (i) "a child support officer" and "he" there shall be substituted "the Department"; and

      (ii) "Article 20" there shall be substituted "Articles 18 and 19"; and

    (b) in paragraph (2)(a) for "of the child support officer concerned" there shall be substituted "of the officer concerned who is exercising functions of the Department under the Order".

    (11) For regulation 15B[8] (notification that an appeal has lapsed) there shall be substituted the following regulation - 

    (12) For Parts V to VII of the Maintenance Assessment Procedure Regulations[9] there shall be substituted the following Part - 



 
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