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The Department for Social Development, in exercise of the powers conferred by Articles 14(2), 18(1), 19(3), 28E(5), 39, 43, 47 and 48(4) of, and paragraphs 4, 5, 6, 10(1) and 11 of Schedule 1 and paragraphs 2, 3(1)(b), 4(1)(b) and 5 of Schedule 4B to, the Child Support (Northern Ireland) Order 1991[1] and now vested in it[2], and section 28 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[3] 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) Regulations (Northern Ireland) 2003 and, subject to paragraph (2), shall come into operation on 5th November 2003. (2) Regulations 2(2), (4)(b) and (f) and (5)(b) and (f), 3(2)(a) to (d), (3) and (5), 5(2), (3)(b) and (f) and (4)(b) and (f), 6(2)(a) to (c) and (e) and (4), 9 (in so far as it relates to those provisions of regulations 2 and 5) and 10(e) to (f) shall come into operation on the day on which Articles 10 and 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[4] come into operation (or, if those Articles come into operation on different days, whichever day is the later). Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 2. - (1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[5] shall be amended in accordance with paragraphs (2) to (5). (2) In regulation 1(3)[6] (citation, commencement and interpretation) -
(b) in sub-paragraph (b) for the words after "given," there shall be substituted "the circumstances in regulation 39(3) or regulation 39ZA(4), as the case may be, apply; or".
(3) In regulations 8D(8)[9] (miscellaneous provisions in relation to interim maintenance assessments) and 29A(5)[10] (effective dates of new maintenance assessments in particular cases) after "income support", wherever it occurs, there shall be inserted ", state pension credit".
(b) in paragraph (1) -
(ii) for the words from "so long as" to "that paragraph" there shall be substituted "so long as those circumstances apply";
(c) paragraph (1A) shall be omitted;
(b) that parent's applicable amount falls to be calculated under regulation 21 of, and any of paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations[11] (patients).
(4) In paragraph (3) -
(5) In regulation 39ZA (suspension of a reduced benefit direction in the case of modified applicable amounts in jobseeker's allowance) -
(b) in paragraph (1) -
(ii) for the words from "so long as" to "those provisions" there shall be substituted "so long as those circumstances apply";
(c) paragraph (2) shall be omitted;
(b) that parent's applicable amount falls to be calculated under regulation 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker's Allowance Regulations[12] (patients).
(5) In paragraph (4) -
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations
(b) after the definition of "Income Support Regulations" there shall be inserted the following definition -
(3) In regulation 9(1)[17] (exempt income: calculation or estimation of E) for sub-paragraph (h) there shall be substituted the following sub-paragraph -
(4) After regulation 10A[18] (assessable income: working tax credit paid to or in respect of a parent with care or an absent parent) there shall be inserted the following regulation -
10B. Where state pension credit is paid to or in respect of a parent with care or an absent parent, that parent shall, for the purposes of Schedule 1 to the Order, be taken to have no assessable income.".
(5) In regulation 11(1)[19] (protected income) for sub-paragraph (i) there shall be substituted the following sub-paragraph -
(6) In Schedule 1 (calculation of N and M) -
(b) in paragraph 22A(2)[21] after "war widow's pension" there shall be inserted "and a war widower's pension".
(7) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M) -
(b) in paragraph 18(a) and (b)(ii) after "war widow's pension" there shall be inserted "or war widower's pension"; (c) paragraph 47E[23] shall be omitted; and (d) after paragraph 47D[24] there shall be inserted the following paragraph -
Amendment of the Child Support Departure Direction and Consequential Amendments Regulations
(b) in head (ii) for the words after "given," there shall be substituted "the circumstances in regulation 14(4) or 15(4), as the case may be, apply,".
(3) In regulation 14 (suspension of a reduced benefit decision when a modified applicable amount is payable (income support)) -
(b) in paragraph (1) -
(ii) for the words from "so long as" to "that paragraph" there shall be substituted "so long as those circumstances apply";
(c) paragraph (2) shall be omitted;
(b) that parent's applicable amount falls to be calculated under regulation 21 of, and any of paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations (patients).
(5) In paragraph (4) -
(4) In regulation 15 (suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker's allowance)) -
(b) in paragraph (1) -
(ii) for the words from "so long as" to "those provisions" there shall be substituted "so long as those circumstances apply";
(c) paragraph (2) shall be omitted;
(b) that parent's applicable amount falls to be calculated under regulation 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker's Allowance Regulations (patients).
(5) In paragraph (4) -
Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations
(b) after the definition of "Income Support Regulations" there shall be inserted the following definition -
(e) for the definition of "residential care home" there shall be substituted the following definition -
(b) in respect of a period during which that person -
(ii) has no net weekly income of a type referred to in Part II or III of the Schedule;"; and
(g) after the definition of "training allowance" there shall be inserted the following definition -
(b) payable under so much of any Order in Council, Royal Warrant, order or scheme as relates to death due to service in the armed forces of the Crown, wartime service in the merchant navy or war injuries; (c) payable in respect of death due to peacetime service in the armed forces of the Crown before 3rd September 1939, and payable at rates, and subject to conditions, similar to those of a pension within sub-paragraph (b); or (d) payable under the law of a country other than the United Kingdom and of a character substantially similar to a pension within sub-paragraph (a), (b) or (c),
and "war widower's pension" shall be construed accordingly;".
(3) In regulation 4(1)[38] (flat rate) -
(b) after sub-paragraph (e) there shall be added -
(4) In regulation 5(1)(f) (nil rate) for "in a residential care home or nursing home" there shall be substituted "who is resident in a residential care home, nursing home or an independent hospital".
(b) after paragraph (4) there shall be added the following paragraph -
Amendment of the Child Support (Transitional Provisions) Regulations
(b) an application is made for a variation of a type referred to in paragraph 3 of Schedule 4B to the Order and Part IV of the Variations Regulations[41] (property or capital transfers) which relates to the same property or capital transfer as the relevant property transfer referred to in sub-paragraph (a); and (c) the variation is agreed to,
the relevant property transfer shall cease to have effect from the effective date of the subsequent decision which resulted from the application for a variation.".
(5) In regulation 24[42] (phasing amount) -
(b) after paragraph (5) there shall be added the following paragraph -
(b) the reference in paragraph (5) to the new amount shall apply as if it were a reference to the subsequent decision amount.".
(6) In regulation 25[43] (maximum transitional amount) after paragraph (4) there shall be added the following paragraphs -
(6) Where the new amount is calculated under regulation 22(1)[44], "maximum transitional amount" means 30% of the aggregate of the income calculated under regulation 22(1)(b). (7) Where the new amount or the subsequent decision amount, as the case may be, is calculated under regulation 26(1) of the Variations Regulations "maximum transitional amount" means 30% of the additional income arising under the variation.".
(7) In regulation 27[45] (subsequent decision with effect in transitional period - amount payable) -
(b) after paragraph (9) there shall be added the following paragraph -
(b) decision B -
(ii) includes within it a determination that the effective date of decision A was incorrect,
paragraphs (2) to (5) shall apply so that the subsequent decision amount of decision B is compared with the new amount or the subsequent decision amount, as the case may be, which was in place immediately before decision A was made.".
Amendment of the Child Support (Variations) Regulations
(b) regulation 8(13) of the Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995[48]; (c) regulation 20(3) of the Social Security and Child Support (Jobseeker's Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996[49]; (d) regulation 3(6)(c) of the Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003[50]; (e) regulations 4(11)(a) and 5(2)(g), (3)(a) and (5) of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993; (f) regulation 4(4) and (5)(a)(ii) of the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995[51]; and (g) regulation 20(2)(b)(i) of the Social Security and Child Support (Jobseeker's Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996.
(This note is not part of the Regulations.) These Regulations provide for the amendment of various sets of Regulations relating to child support:
Regulation 1 makes provision for citation and commencement. Notes: [1] S.I. 1991/2628 (N.I. 23); Article 14 was amended by paragraph 12 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)); Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and is amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); Article 19 was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998 and is amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 28E was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)); Article 39 is amended by paragraph 11 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 43 was amended by paragraph 10 of Schedule 3 to the Child Support (Northern Ireland) Order 1995, paragraph 4(5) of Schedule 2 to the Jobseekers Allowance (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), paragraph 28 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and Schedule 6 to the Tax Credits Act 1999 (c. 10) and is substituted by section 18 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and is amended by paragraph 27 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; paragraph 5 of Schedule 1 was amended by paragraph 4(7) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and Part I of Schedule 1 is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 4B was inserted by Schedule 2 to the Child Support (Northern Ireland) Order 1995 and is substituted by Part II of Schedule 2 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back [2] See Article 8(b) of S.R. 1999 No. 481back [4] S.I. 2003/431 (N.I. 9)back [5] S.R. 1992 No. 340; relevant amending regulations are S.R. 1993 No. 164, S.R. 1995 Nos. 162 and 475, S.R. 1996 Nos. 289 and 590, S.R. 1998 No. 8 and S.R. 1999 No. 167; S.R. 1992 No. 340 is revoked, with savings, by regulation 29 of S.R. 2001 No. 17back [6] Regulation 1(3) was amended by regulation 3(2) of S.R. 1995 No. 475 and regulation 20(2)(b) of S.R. 1996 No. 289back [7] Regulation 39 was amended by regulation 4(11) of S.R. 1993 No. 164 and regulation 8(13) of S.R. 1995 No. 162back [8] Regulation 39ZA was inserted by regulation 20(9) of S.R. 1996 No. 289back [9] Regulations 8 to 8D were substituted for regulation 8 by regulation 3(3) of S.R. 1995 No. 475 and regulation 8D was amended by regulation 2(3) of S.R. 1996 No. 590, regulation 3(3) of S.R. 1998 No. 8 and regulation 2(7) of S.R. 1999 No. 167back [10] Regulation 29A was inserted by regulation 3(19) of S.R. 1995 No. 475 and amended by regulation 2(5) of S.R. 1996 No. 590, regulation 3(7) of S.R. 1998 No. 8 and regulation 2(14) of S.R. 1999 No. 167back [11] S.R. 1987 No. 459; relevant amending rules are S.R. 1988 Nos. 318 and 431, S.R. 1990 No. 131, S.R. 1998 No. 81, S.R. 2002 No. 132 and S.R. 2003 Nos. 155, 195 and 261back [12] S.R. 1996 No. 198; relevant amending rules are S.R. 2003 Nos. 155, 195, 261 and 267back [13] S.R. 1992 No. 341; relevant amending rules are S.R. 1993 No. 164, S.R. 1994 No. 37, S.R. 1995 Nos. 162 and 475, S.R. 1996 Nos. 288, 289, 317 and 590, S.R. 1998 No. 8, S.R. 1999 Nos. 152, 246 (C. 20) and 385, S.R. 2002 Nos. 164 and 323 and S.R. 2003 No. 84 ; S.R. 1992 No. 341 is revoked, with savings, by regulation 15 of S.R. 2001 No. 18back [14] The definition of "home" was amended by Article 9(2)(b) of S.R. 1999 No. 246 (C. 20)back [15] The definition of "residential care home" was inserted by regulation 5(2)(g) of S.R. 1993 No. 164back [17] Regulation 9(1) was amended by regulation 5(3)(a) of S.R. 1993 No. 164, regulation 9(5)(a) of S.R. 1995 No. 162, regulation 4(4) of S.R. 1995 No. 475, regulation 7(6) of S.R. 1996 No. 288, regulation 4(3) of S.R. 1996 No. 317, regulation 5(2)(a) of S.R. 1998 No. 8, regulation 4 of S.R. 2002 No. 164 and paragraph 1(l) of the Schedule to S.R. 2002 No. 323back [18] Regulation 10A was inserted by regulation 3(3) of S.R. 1996 No. 590 and amended by Article 9(5) of S.R. 1999 No. 246 (C. 20) and regulation 3(3) of S.R. 2003 No. 84back [19] Regulation 11(1) was amended by regulation 5(5) of S.R. 1993 No. 164, regulation 5(4) of S.R. 1994 No. 37, regulation 9(7)(a) of S.R. 1995 No. 162, regulation 4(5)(a) of S.R. 1995 No. 475, regulation 7(9) of S.R. 1996 No. 288, regulation 4(4)(a) of S.R. 1996 No. 317 and regulation 5(3)(a) of S.R. 1998 No. 8back [20] Paragraph 9A was inserted by regulation 4(5)(f) of S.R. 1999 No. 152back [21] Paragraph 22A was inserted by regulation 4(5)(h) of S.R. 1999 No. 152back [22] Paragraph 15 was amended by regulation 21(5) of S.R. 1996 No. 289back [23] Paragraph 47E was inserted by regulation 3(6)(c) of S.R. 2003 No. 84back [24] Paragraph 47D was inserted by regulation 3(6)(b) of S.R. 2003 No. 84back [25] S.I. 1983/883; article 29(1A) was inserted by S.I. 1994/1906 and amended by S.I. 2002/792 and S.I. 2003/434back [26] S.I. 1983/686; article 27(3) was added by S.I. 1994/2021. See also S.I. 2002/672back [27] S.R. 1996 No. 541; relevant amending regulations are S.R. 1998 No. 8 and S.R. 2003 No. 84; S.R. 1996 No. 541 is revoked, with savings, by regulation 33 of S.R. 2001 No. 20back [28] Regulation 9 was substituted by regulation 9(3) of S.R. 1998 No. 8 and amended by regulation 6(2) of S.R. 2003 No. 84back [29] Regulation 12 was amended by regulation 6(3) of S.R. 2003 No. 84back [31] S.R. 2001 No. 18; relevant amending regulations are S.R. 2002 No. 323back [32] 1950 c. 29 (N.I.); section 1(1) and (1A) were substituted by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and section 1(2) and (3) were substituted by Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back [37] 1980 c. 9; Part VII was amended by the Armed Forces Act 1981 (c. 55), the Army Act 1992 (c. 39), the Statute Law (Repeals) Act 1993 (c. 50) and the Reserve Forces Act 1996 (c. 14)back [38] Regulation 4(1) was amended by paragraph 1(t) of the Schedule to S.R. 2002 No. 323back [39] S.R. 2001 No. 19; relevant amending regulations are S.R. 2002 No. 164 and S.R. 2003 No. 84back [40] Regulation 17 was amended by regulation 9(8) of S.R. 2002 No. 164back [41] In Part IV, regulation 16(4) was amended by regulation 10(3) of S.R. 2002 No. 164back [42] Regulation 24 was amended by regulation 9(13) of S.R. 2002 No. 164 and regulation 10(9) of S.R. 2003 No. 84back [43] Regulation 25 was amended by regulation 10(10) of S.R. 2003 No. 84back [44] Regulation 22 (1) was amended by regulation 9(10) of S.R. 2002 No. 164 and regulation 10(8)(a) of S.R. 2003 No. 84back [45] Regulation 27 was amended by regulation 9(14) of S.R. 2002 No. 164 and regulation 10(11) of S.R. 2003 No. 84back
ISBN 0 33795274 4
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