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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) -
(3) In regulation 7 (death of a qualifying child) -
(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) -
(ii) for "his" there shall be substituted "its"; and (iii) for "he" there shall be substituted "it"; and
(b) in paragraph (3) -
(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) -
(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) -
(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) -
(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) -
(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) -
(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
(8) For regulations 9 and 9A[5] there shall be substituted the following regulation -
9. - (1) Where an interim maintenance assessment is being revised on the ground specified in regulation 16(1)(b) and the Department is satisfied -
(b) that there has been unavoidable delay for part of the period during which the assessment which is being revised was in force,
the effective date of that other -
(ii) Category B interim maintenance assessment shall be the date set out in regulation 8C(1)(b).
(2) Where an interim maintenance assessment is revised on either of the grounds set out in regulation 16(4) or (5), payments made under that interim maintenance assessment before the revision shall be treated as payments made under the Category B interim maintenance assessment which replaces it.
(9) In regulation 10[6] (notification of a new or a fresh maintenance assessment) -
(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.";
(c) in paragraph (2) -
(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";
(10) In regulation 10A[7] (notification of increase or reduction in the amount of a maintenance assessment) -
(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 -
15B. Where an appeal lapses in accordance with Article 18(6) of the Order, the Department shall, so far as is reasonably practicable, notify the relevant persons that that appeal has lapsed.".
(12) For Parts V to VII of the Maintenance Assessment Procedure Regulations[9] there shall be substituted the following Part - Revision of decisions 16. - (1) Subject to paragraphs (6) and (8), any decision may be revised by the Department -
(b) if -
(ii) that person reapplies for a decision to be revised within one month of the notification described in head (i), or such longer period as the Department is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;
(c) if the decision arose from an official error;
(2) A decision may be revised by the Department in consequence of a departure direction where that departure direction takes effect on the effective date.
(b) the Department is satisfied that there was unavoidable delay by the absent parent in -
(ii) providing information or evidence that is required by it for the determination of an application for a maintenance assessment; or (iii) providing information or evidence that is required by it to enable it to revise a decision under Article 18 of the Order or supersede a decision under Article 19 of the Order.
(4) Where an interim maintenance assessment is in force which is not a Category B interim maintenance assessment and the Department is satisfied that it would be appropriate to make a Category B interim maintenance assessment, it may revise the interim maintenance assessment which is in force.
(ii) is expected, according to information or evidence which the Department has, to occur; or
(b) where -
(ii) from the point of view of the appellant, a revision of that decision, if made, would be less to his advantage than the original decision.
(7) In paragraphs (1), (2) and (6) and regulation 17(3) "decision" means a decision of the Department under Article 13 or 14 of the Order and any supersession of such a decision.
(b) the supersession of any such decision under Article 19 as extended by paragraph 2 of Schedule 4C to the Order,
as it applies in relation to any decision of the Department under Articles 13, 14 or 19 of the Order.
(b) contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.
(4) An application for an extension of time shall not be granted unless the person making the application or any person acting for him satisfies the Department that -
(b) the application for a decision to be revised has merit; and (c) special circumstances are relevant to the application for an extension of time,
and as a result of those special circumstances, it was not practicable for the application for a decision to be revised to be made within one month of the date of notification of the decision which it is sought to have revised.
(b) that a Child Support Commissioner or a court has taken a different view of the law from that previously understood and applied.
(7) An application under this regulation for an extension of time which has been refused may not be renewed.
(b) where it is satisfied that the decision was made in ignorance of, or was based upon a mistake as to, some material fact; or (c) in consequence of a departure direction or of a revision or supersession of a decision with respect to a departure direction.
(3) Except where paragraph (8) applies, a decision may be superseded by a decision made by the Department where -
(ii) it is expected that a change of circumstances will occur; and
(b) the Department is satisfied that the change of circumstances is or would be material.
(4) A decision may be superseded by a decision made by the Department where -
(b) the Department is satisfied that the fact is or would be material.
(5) A decision, other than a decision made on appeal, may be superseded by a decision made by the Department -
(b) where an application is made on the basis that the decision was erroneous in point of law.
(6) An interim maintenance assessment may be superseded by a decision made by the Department where the Department receives information which enables it to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Order for a period beginning after the effective date of that interim maintenance assessment.
(b) in the case of a Category A or Category D interim maintenance assessment.
(9) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.
(b) a decision to cancel a maintenance assessment.
(11) For the purposes of Article 19 of the Order as extended by paragraph 2 of Schedule 4C to the Order, paragraphs (2) to (5) shall apply in relation to -
(b) any decision of the Department under Article 19 of the Order as extended by paragraph 2 of Schedule 4C to the Order,
whether as originally made or as revised under Article 18 of the Order as extended by paragraph 1 of Schedule 4C to the Order, as they apply in relation to any decision as to a maintenance assessment save that paragraph (8) shall not apply in respect of such a decision.
(b) the amount which would be fixed in accordance with a superseding decision,
is less than £10·00 per week.
(b) the amount fixed in accordance with the original decision is more than the amount that would be fixed in accordance with the superseding decision and the difference between the two amounts is less than £1·00 per week.
(4) Subject to paragraph (5), this paragraph applies where -
(b) the difference between -
(ii) the amount which would be fixed in accordance with a superseding decision,
is less than £1·00 per week.
(5) This regulation shall not apply where -
(b) the case falls within paragraph 7(2) of that Schedule; or (c) it appears to the Department that the case no longer falls within paragraph 5(4) of that Schedule.
(6) In this regulation -
Special cases and circumstances for which regulation 20 is modified
(b) for "decision" in each place where it occurs there shall be substituted "decisions".
Date from which a superseding decision takes effect
(b) where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and (c) the date of written notification is the date on which it was handed or sent to the person.
(9) Regulation 1(6) shall not apply in a case to which paragraph (8)(c) applies.
(b) the Department is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,
the superseding decision shall take effect from the date the decision of the appeal tribunal or, as the case may be, the Child Support Commissioner took, or was to take, effect.
(b) the superseding decision shall take effect from the date on which the departure direction or, as the case may be, the revision or supersession, took effect.
(15) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 40(a), the superseding decision shall take effect from -
(b) where the direction is suspended immediately before it ceases to be in force, the date on which the parent concerned complied with the obligations imposed by Article 9 of the Order.
(16) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 40(b), the superseding decision shall take effect from -
(b) where the direction is suspended immediately before it ceases to be in force, the date on which the application under regulation 40(b) was made.
(17) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 40(c) or (d), the superseding decision shall take effect from -
(b) where the direction is suspended immediately before it ceases to be in force, the date on which the Department is supplied with information that enables it to make the assessment.
(18) Where a decision with respect to a reduced benefit direction is superseded because the direction ceases to be in force in accordance with regulation 45(1), the superseding decision shall take effect from the last day of the benefit week preceding the benefit week on the first day of which, in accordance with the provisions of regulation 35(4), the further direction comes into operation, or would come into operation but for the provisions of regulation 39 or 39ZA. Notes: [1] S.I. 1991/2628 (N.I. 23); Articles 18, 19 and 22 were substituted by Articles 40, 41 and 42 respectively of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Article 28G was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)), Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998, Schedules 4A and 4B were inserted by Schedules 1 and 2 respectively to the Child Support (Northern Ireland) Order 1995 and Schedule 4C was inserted by paragraph 37 of Schedule 6 to the Social Security (Northern Ireland) Order 1998back [2] S.R. 1992 No. 340; relevant amending regulations are S.R. 1993 No. 164, S.R. 1994 No. 37, S.R. 1995 Nos. 19, 162 and 475, S.R. 1996 Nos. 289, 317, 541 and 590 and S.R. 1998 Nos. 8 and 400back [3] Regulations 8 to 8D were substituted for regulation 8 by regulation 3(3) of S.R. 1995 No. 475back [4] Regulation 8A was amended by regulation 3(2) of S.R. 1998 No. 8back [5] Regulations 9 and 9A were substituted for regulation 9 by regulation 3(4) of S.R. 1995 No. 475; regulation 9 was amended by regulation 3(4) of S.R. 1998 No. 8 and regulation 2(3) of S.R. 1998 No. 400; regulation 9A was amended regulation 2(4) of S.R. 1998 No. 400back [6] Regulation 10 was amended by regulation 4(2) of S.R. 1994 No. 37, regulation 4(4) of S.R. 1995 No. 19, regulation 8(4) of S.R. 1995 No. 162, regulation 3(5) of S.R. 1995 No. 475, regulation 50 of S.R. 1996 No. 541 and regulation 2(5) of S.R. 1998 No. 400back [7] Regulation 10A was inserted by regulation 3(5) of S.R. 1998 No. 8back [8] Regulation 15B was inserted by regulation 3(9) of S.R. 1995 No. 475back [9] Amended by S.R. 1993 No. 164, S.R. 1994 No. 37, S.R. 1995 Nos. 162 and 475, S.R. 1996 No. 590 and S.R. 1998 Nos. 8 and 400back [11] S.I. 1998/1506 (N.I. 10)back
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