Statutory Rule 2001 No. 21

The Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001

---

© Crown Copyright 2001

Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001, ISBN 0 337 04342 6. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the Maintenance Calculations and Special Cases Regulations" means the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[3];

"the qualifying child's home" means the home in which the qualifying child resides with the person with care and "home" has the meaning given in regulation 1(2) of the Maintenance Calculations and Special Cases Regulations; and

"relevant person" means - 

(a) a person with care;

(b) a non-resident parent;

(c) a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations,

in respect of whom a maintenance calculation has been applied for, or has been treated as applied for, under Article 9(3) of the Order[4], or is or has been in force.

Voluntary payment
     2.  - (1) A payment counts as a voluntary payment if it is - 

(a) made in accordance with Article 28J(2) and (4) of the Order;

(b) of a type to which regulation 3 applies;

(c) made on or after the effective date of the maintenance calculation made, or which would be made but for the Department's decision not to make one, and for this purpose "effective date" means the effective date as determined in accordance with the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001[5];

(d) a payment in relation to which evidence or verification of a type to which regulation 4 applies is provided, if the Department so requires.

    (2) Where the Department is considering whether a payment is a voluntary payment, it may invite representations from a relevant person.

Types of payment
     3. This regulation applies to a payment made by the non-resident parent - 

(a) by any of the following methods - 


(i) in cash;

(ii) by standing order;

(iii) by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another's on specific dates during the period for which the authority is in force and without the need for any further authority from him;

(iv) by an arrangement whereby one person gives his authority for payments to be made from an account of his, or on his behalf, to another person or to an account of that other person;

(v) by cheque or postal order, or

(vi) by debit card, and



(b) which is, or is in respect of - 



(i) a payment in lieu of child support maintenance and which is paid to the person with care;

(ii) a mortgage or loan taken out on the security of the property which is the qualifying child's home where that mortgage or loan was taken out to facilitate the purchase of, or to pay for essential repairs or improvements to, that property;

(iii) rent on the property which is the qualifying child's home;

(iv) mains-supplied gas or electricity charges at the qualifying child's home;

(v) rates payable by the person with care in relation to the qualifying child's home;

(vi) essential repairs to the heating system in the qualifying child's home, or

(vii) repairs which are essential to maintain the fabric of the qualifying child's home.

Evidence or verification of payment
     4. This regulation applies to - 

(a) evidence provided by the non-resident parent in the form of - 


(i) a bank statement;

(ii) a duplicate of a cashed cheque;

(iii) a receipt from the payee;

(iv) a receipted bill or invoice, or



(b) verification orally or in writing from the person with care.

Sealed with the Official Seal of the Department for Social Development on


23rd January 2001.

L.S.

John O'Neill
Senior Officer of the Department for Social Development

[2] See Article 8(b) of S.R. 1999 No. 481back

[3] S.R. 2001 No. 18back

[4] Article 9 was substituted by section 3 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[5] S.R. 2001 No. 17back