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Statutory Rules of Northern Ireland


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2001 No. 15

FAMILY LAW

CHILD SUPPORT

The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001

  Made 23rd January 2001 
  Approved by resolution of the Assembly on 29th May 2001 
  Coming into operation in accordance with regulation 1(2) and (3)

The Department for Social Development, in exercise of the powers conferred by Articles 28J(3), 29(2) and (3), 30(1) and (4), 31(8), 32(1) to (5) and (7) to (9), 34(1), 36, 37(11), 37A(11), 38(2), 38A(1) and (4), 44, 47 and 48(4) of the Child Support (Northern Ireland) Order 1991[1] and now vested in it[2], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001.

    (2) Regulations 3(8)(b), (19) and (22), 5(3) and 6 and, for the purposes of those provisions, this regulation, shall come into operation on 2nd April 2001.

    (3) The remainder of these Regulations shall come into operation in relation to a particular case on the day on which sections 1(2) and (3), 4, 17(1) and (2) and 19(1) of, and paragraphs 11 and 24 of Schedule 3 to, the Act come into operation for the purposes of that type of case.

    (4) In these Regulations "the Act" means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[
3].

Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations
     2.  - (1) The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992[4] shall be amended in accordance with paragraphs (2) to (12).

    (2) In regulation 1(2) (interpretation) - 

    (3) In Part II (arrears of child support maintenance and interest on arrears), in the heading "and interest on arrears" shall be omitted.

    (4) In regulation 2 (applicability of provisions as to arrears and interest and arrears notices) - 

    (5) Regulations 3[7] (liability to make payments of interest with respect to arrears), 4[8] (circumstances in which no liability to pay interest arises), 6[9] (rate of interest and calculation of interest) and 7[10] (receipt and retention of interest paid) shall be omitted.

    (6) In regulation 5 (payment of arrears by agreement) - 

    (7) In regulation 8[12] (retention of arrears) - 

    (8) In the headings to Part III (attribution of payments and adjustment of the amount payable under a maintenance assessment) and to regulation 10 (adjustment of the amount payable under a maintenance assessment) for "assessment" there shall be substituted "calculation".

    (9) In regulation 9 (attribution of payments) for "assessment" there shall be substituted "calculation" and for "an absent parent" there shall be substituted "a non-resident parent".

    (10) In regulation 10[13] (adjustment of the amount payable under a maintenance assessment) - 

    (11) In regulation 10A(1)[15] (reimbursement of a repayment of overpaid child maintenance) - 

    (12) After regulation 10A there shall be inserted the following regulation - 

Amendment of the Child Support (Collection and Enforcement) Regulations
     3.  - (1) The Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992[17] shall be amended in accordance with paragraphs (2) to (22).

    (2) In regulation 1 (interpretation) - 

    (3) In regulation 2 (payment of child support maintenance) for "assessment" there shall be substituted "calculation".

    (4) In regulation 3 (method of payment) - 

    (5) After regulation 5 (transmission of payments) there shall be inserted the following regulation - 

    (6) In regulation 7 (notice to liable person as to requirements about payment) - 

    (7) After Part II (collection of child support maintenance) there shall be inserted the following Part - 



    (8) In regulation 8[25] (interpretation of this Part) - 

    (9) In regulation 9(e)[28] (deduction from earnings orders) for "protected earnings rate" there shall be substituted "protected earnings proportion".

    (10) In regulation 10 (normal deduction rate) paragraphs (2)[29] and (3) shall be omitted.

    (11) In regulation 11 (protected earnings rate) - 

    (12) In regulation 12 (amount to be deducted by employer) - 

    (13) In regulation 17(1)[32] (requirement to review deduction from earnings order) - 

    (14) In regulation 20(1)(f)[33] (discharge of deduction from earnings orders) for "an interim maintenance assessment" there shall be substituted "a default or interim maintenance decision" and for "maintenance assessment" there shall be substituted "maintenance calculation".

    (15) In regulation 21(6) (lapse of deduction from earnings orders) "or (5)" shall be omitted.

    (16) In regulation 24 (priority as between orders) - 

    (17) In regulation 26(2) (notice of intention to apply for a liability order) for "in respect of arrears payable under Article 38(3) of the Order" there shall be substituted ", penalty payments or fees which have become payable and have not been paid".

    (18) In regulation 29 (application for warrant of commitment) - 

    (19) After regulation 30 (warrant of commitment) there shall be added the following regulation - 

    (20) In Schedule 1 after "interest


" there shall be inserted - 

    (21) In Schedule 2 after "interest," there shall be inserted "penalty payments, fees,".

    (22) After Schedule 2 there shall be inserted as Schedule 3, the Schedule as set out in the Schedule to these Regulations.

Amendment of the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations
     4.  - (1) The Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations (Northern Ireland) 1992[37] shall be amended in accordance with paragraphs (2) to (4).

    (2) In regulations 2(b) (periodical payments and categories of person prescribed for the purposes of Article 30 of the Order) and 3 (collection and enforcement) for "assessment" wherever it appears there shall be substituted "calculation".

    (3) In regulation 3 (collection and enforcement) for "37" there shall be substituted "37A".

    (4) In regulation 4 (collection and enforcement - supplementary) for "absent parent" there shall be substituted "non-resident parent".

Savings
     5.  - (1) Where, in respect of a particular case before the date that these Regulations come into operation with respect to that type of case - 

these Regulations shall not apply for the purposes of - 

    (2) Where in respect of a particular case after the date that these Regulations come into operation with respect to that type of case an adjustment falls to be made in relation to a maintenance assessment, these Regulations shall not apply for the purposes of making the adjustment.

    (3) Where, before the coming into operation of regulation 6, fees have become due but have not been paid, the Child Support Fees Regulations (Northern Ireland) 1993[
38] shall have effect as if regulation 6 of these Regulations had not been made.

Revocation
     6. The Child Support Fees Regulations (Northern Ireland) 1993 are hereby revoked.



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


SCHEDULE
Regulation 3(22)


Schedule to be inserted into the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 as Schedule 3 to those Regulations






EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 ("the Arrears, Interest and Adjustment Regulations"), the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 ("the Collection and Enforcement Regulations"), the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations (Northern Ireland) 1992 ("the Collection and Enforcement of Other Forms of Maintenance Regulations") and revoke, with savings provisions, the Child Support Fees Regulations (Northern Ireland) 1993 ("the Fees Regulations"). The amendments reflect amendments made to the Child Support (Northern Ireland) Order 1991 ("the Order") by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 ("the Act").

Regulation 1 deals with citation, commencement and interpretation. Apart from regulations 3(8)(b), (19) and (22), 5(3) and 6 which come into operation on 2nd April 2001, these Regulations come into operation at different times for different cases according to the dates on which provisions of the Act which are relevant to these Regulations are commenced for different types of cases.

Regulation 2 amends the Arrears, Interest and Adjustment Regulations to reflect changes in terminology and other amendments to the Order.

Regulation 3(2) amends the Collection and Enforcement Regulations to include definitions of terms and to provide for any document or notice to be treated as having been given or sent on the day it is posted.

Regulation 3(3) to (6), (17), (20) and (21) makes various amendments to the Collection and Enforcement Regulations to reflect changes in terminology in the Order, changes to the method of collecting fees and methods of payment, the introduction into the Order of the ability to make voluntary payments in the period before a maintenance calculation is made, and the introduction into the Order of a system of penalty payments.

Regulation 3(7) inserts Part IIA into the Collection and Enforcement Regulations to provide for the collection of penalty payments.

Regulation 3(8) to (16) makes amendments to the Collection and Enforcement Regulations to reflect changes in the Order relating to deduction from earnings orders and to reflect changes in terminology and provisions dealing with the collection of interest, fees and penalty payments. Provision is also made to include in the definition of "earnings", subject to a deduction from earnings order, payment or allowances received from a civilian employer while serving as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996).

Regulation 3(19) inserts regulation 31 into the Collection and Enforcement Regulations, which makes provision in relation to disqualification from driving orders. The regulation provides for the procedures to be followed on the making of such orders.

Regulation 3(22) inserts the Schedule to these Regulations into the Collection and Enforcement Regulations. The new Schedule 3 prescribes the form of order of disqualification for holding or obtaining a driving licence.

Regulation 4 amends the Collection and Enforcement of Other Forms of Maintenance Regulations to reflect changes in terminology.

Regulation 5 provides for savings. Regulation 5(1) saves the Arrears, Interest and Adjustment Regulations for cases where interest has become due, but has not been paid, prior to the coming into operation of these Regulations. Regulation 5(3) saves the Fees Regulations for cases where fees have become payable, but have not been paid, prior to the coming into operation of these Regulations.

Regulation 6 revokes the Fees Regulations.

Articles 28J(3), 37A(11) and 38(1) and (4) of the Order are some of the enabling provisions under which these Regulations are made. They are inserted or substituted respectively by sections 19, 16(3) and 17(2) of the Act. Sections 17 and 19 of the Act were brought into operation for the purpose only of making of making regulations, on 22nd November 2000 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C. 16)). Section 16 of the Act is brought into operation, in so far as not already in operation, on 2nd April 2001 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 3) Order (Northern Ireland) 2000 (S.R. 2000 No. 406 (C. 21)).

The impact on business of these Regulations was covered in the Regulatory Impact Assessment relating to the Act, in accordance with, and in consequence of which these Regulations are made. A copy of that Assessment may be obtained free of charge, from Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast BT4 3SQ.


Notes:

[1] S.I. 1991/2628 (N.I. 23); Articles 28J and 37A were inserted by sections 19 and 16(3) respectively of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I)), Article 38(2) was substituted by paragraph 9 of Schedule 3 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)), Article 38A was substituted by section 17 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Article 47 was amended by paragraph 37 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back

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

[3] 2000 (c. 4) (N.I.)back

[4] S.R. 1992 No. 342; relevant amending rules are S.R. 1993 No. 164, S.R. 1995 Nos. 162 and 475, S.R. 1996 No. 289 and S.R. 1999 No. 246 (C. 20)back

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

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

[7] Regulation 3 was amended by Article 10(2) of S.R. 1999 No. 246 (C. 20)back

[8] Regulation 4 was amended by regulation 2(3) of S.R. 1993 No. 164, regulation 3(2) of S.R. 1995 No. 162 and Article 10(3) of S.R. 1999 No. 246 (C. 20)back

[9] Regulation 6 was amended by regulation 2(5) of S.R. 1993 No. 164back

[10] Regulation 7 was amended by regulation 22(2)(a) of S.R. 1996 No. 289back

[11] Paragraph (1) was substituted by regulation 2(4) of S.R. 1993 No.164back

[12] Regulation 8 was substituted by regulation 5(2) of S.R.1995 No.475 and amended by regulation 22(2)(b) of S.R. 1996 No. 289back

[13] Regulation 10 was substituted by regulation 3(3) of S.R. 1995 No.162 and amended by Article 10(4) of S.R. 1999 No. 246 (C. 20)back

[14] S.R. 1999 No. 162; regulation 15D is inserted by regulation 2(9) of S.R. 2001 No. 23back

[15] Regulation 10A was inserted by regulation 5(3) of S.R. 1995 No. 475 and amended by regulation 22(2)(c) of S.R. 1996 No. 289back

[16] Article 38B was inserted by Article 16 of the Child Support (Northern Ireland) Order 1995 and paragraph (1A) was inserted by section 19(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[17] S.R. 1992 No. 390; relevant amending regulations are S.R. 1995 No. 162 and S.R. 1996 No. 317back

[18] Article 28J was inserted by section 19(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[19] S.R. 1993 No. 73; relevant amending regulations are S.R. 1994 No. 37, S.R. 1995 No. 162, S.R. 1996 Nos. 289 and 590 and S.R. 1999 No. 152back

[20] S.R. 2001 No. 15back

[21] Paragraph (2) was substituted by regulation 4(2) of S.R. 1995 No. 162back

[22] Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998 and amended by section 8 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Article 22 is substituted by section 10 of that Actback

[23] Sub-paragraph (e) is inserted by regulation 3(6)(a)(ii) of these Regulationsback

[24] Paragraph (1A) is inserted by regulation 3(6)(b) of these Regulationsback

[25] Regulation 8 was amended by regulation 4(4) of S.R. 1995 No. 162back

[26] The definition of "interim maintenance assessment" was inserted by regulation 4(4)(c) of S.R. 1995 No. 162 and amended by regulation 5(2) of S.R. 1996 No. 317back

[27] 1996 c. 14back

[28] Paragraph (e) was substituted by regulation 4(5) of S.R. 1995 No. 162back

[29] Paragraph (2) was amended by regulation 4(6)(b) of S.R. 1995 No. 162back

[30] Paragraph (2) was amended by regulation 4(7)(a) of S.R. 1995 No. 162back

[31] Paragraphs (3) and (4) were added by regulation 4(7)(b) of S.R. 1995 No. 162back

[32] Regulation 17 was substituted by regulation 4(8) of S.R. 1995 No. 162back

[33] Paragraph (1) was substituted by regulation 4(9) of S.R. 1995 No. 162back

[34] Article 36A was inserted by section 16(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))back

[35] Article 37A was inserted by section 16(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back

[36] S.I. 1981/154 (N.I. 1)back

[37] S.R. 1992 No. 465back

[38] S.R. 1993 No. 73back

[39] Delete as appropriateback



ISBN 0-337-93962-4


  © Crown copyright 2001

Prepared 7 June 2001


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