Citation and commencement

1. These Regulations may be cited as the Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 and shall come into operation on 4th July 2011.

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

2.-(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(3) are amended as follows.

(2) In regulation 16(6)(4) (revision of decisions) substitute-

"(6) Paragraph (1) shall not apply in respect of a material change of circumstances which-

(a)occurred since the date on which the decision was made; or

(b)is expected, according to information or evidence which the Department has, to occur.".

(3) In regulation 20(5)(5) (circumstances in which a decision may not be superseded)-

(a)omit "or" after sub-paragraph (b); and

(b)after sub-paragraph (c) add-

"or

(d)a decision is superseded and in relation to that superseding decision a maintenance assessment is made to which paragraph 15 of Part II of Schedule 1 to the Order(6) applies.".

(4) In regulation 22(7) (date from which a superseding decision takes effect)-

(a)for paragraph (2) substitute-

"(2) Where a superseding decision is made in a case to which regulation 19(2)(a) applies and-

(a)the absent parent begins or ceases to receive a benefit mentioned in Schedule 4 to the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(8) (case where child support maintenance is not to be payable); or

(b)the absent parent or person with care begins or ceases to be a person who receives a benefit referred to in paragraph 5(4) of Schedule 1 to the Order(9) (assessable income),

the decision takes effect from the first day of the maintenance period in which the change occurred.";

(b)for paragraph (19)(10)substitute-

"(19) Where a superseding decision is made in a case to which regulation 19(2)(a) or (3) applies and the material circumstance is-

(a)a qualifying child dies or ceases to be a qualifying child; or

(b)a relevant child dies or ceases to be a relevant child,

the decision shall take effect as from the first day of the maintenance period in which the change occurred.";

(c)after paragraph (21A), insert-

"(21B) Where-

(a)a superseding decision is made in a case to which regulation 19(3)(11) applies; and

(b)in relation to that decision, a maintenance assessment is made to which paragraph 15 of Part II of Schedule 1 to the Order(12) applies,

the effective date of the assessment or assessments is the first day of the maintenance period in which the change of circumstances to which the assessment relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, the first day of the maintenance period in which that application was made."; and

(d)after paragraph (22) add-

"(23) The reference in paragraph (2) to when an absent parent begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.

(24) In paragraph (19), "relevant child" has the same meaning as in regulation 1(2) of the Maintenance Assessments and Special Cases Regulations.".

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

3.-(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(13) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of "relevant credit"(14) insert-

""relevant other child" is to be interpreted by reference to paragraph 10C(2) of Schedule 1 to the Child Support Order;".

(3) In regulation 6B(4)(15) (circumstances in which a child support decision may not be superseded)-

(a)omit "or" after sub-paragraph (c); and

(b)after sub-paragraph (e) add-

"or

(f)a decision is superseded and in relation to that superseding decision a maintenance calculation is made to which paragraph 15 of Part II of Schedule 1 to the Child Support Order(16) applies.".

(4) In Schedule 2D(17) (effective dates for supersession of child support decisions)-

(a)in paragraph 3 (decision backdated to when change occurred)-

(i)after sub-paragraph (a) insert-

"(aa)a relevant other child dies or ceases to be a relevant other child;",

(ii)omit "or" after sub-paragraph (c), and

(iii)after sub-paragraph (d) add-

"or

(e)the non-resident parent begins or ceases to receive a benefit mentioned in regulation 4(1) of the Maintenance Calculations and Special Cases Regulations (flat rate) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 4(2)(18) of those Regulations";

(b)after paragraph 3 insert-

"3A. In paragraph 3, the reference to the day on which a person begins or ceases to receive a benefit is to the day on which entitlement to the benefit commences or ends, as the case may be.";

(c)omit paragraph 4 (non-resident parent or partner on or off benefit); and

(d)in paragraph 8 (series of changes waiting to be actioned) for "the date of that application" substitute "the beginning of the maintenance period in which that application was made".

Revocations

4. The following provisions are hereby revoked-

(a)regulation 4(3) and (5)(b) of the Social Security and Child Support (Miscellaneous Amendments) Regulations 2000(19); and

(b)regulation 6(4)(b)(i) of the Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009(20).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 ("Maintenance Assessment Procedure Regulations") and the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 ("the Decisions and Appeals Regulations").

Regulation 2 amends the Maintenance Assessment Procedure Regulations. This regulation substitutes regulation 16(6) of those Regulations to limit the disapplication of paragraph (1) to a material change of circumstances. Regulation 20 of those Regulations is amended in the same manner as regulation 6B of the Decisions and Appeals Regulations. Regulation 22 is amended to substitute a new effective date for paragraph (2) (absent parent and parent with care on or off benefit), substitutes paragraph (19) of that regulation with an effective date which applies to relevant other children as well as qualifying children, inserts a new effective date into that regulation for the purposes of decisions made to which paragraph 15 of Part II of Schedule 1 of the Child Support (Northern Ireland) Order 1991 ("the Order") applies, makes provision which supplements the substituted effective date in paragraph (2) and inserts a definition for the purposes of new paragraph (19) of regulation 22.

Regulation 3 amends the Decisions and Appeals Regulations. This regulation inserts a new definition into regulation 1(2) of those Regulations and provides that regulation 6B of those Regulations does not apply where a decision is made to which paragraph 15 of Part II of Schedule 1 to the Order applies, prescribes two new categories of case to which the effective date in paragraph 3 of Schedule 2D to those Regulations applies (one for relevant other children and the other for the non-resident parent or partner on or off benefit), inserts a new paragraph 3A in Schedule 2D which supplements the new on or off benefit category of case in paragraph 3, consequentially omits paragraph 4 and makes a minor amendment to paragraph 8 of that Schedule.

Regulation 4 makes consequential revocations.