
1 

(1) These Regulations may be cited as the Child Support (Modification, Miscellaneous and Consequential Amendments) Regulations (Northern Ireland) 2015.
(2) Subject to paragraph (3), these Regulations come into operation on 23rd March 2015.
(3) Regulation 3 comes into operation on the date on which section 1 of the Childcare Payments Act 2014 comes into operation for all purposes.
2 

(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992) are amended as follows.
(2) In regulation 16 (revision of decisions)—
(a) in paragraph (1)(a) omit “within one month of the date of notification of the decision or within such longer time as may be allowed by regulation 17”; and
(b) after “Article 18 of the Order” insert—“either—
(i) within one month of the date of notification of the decision;
(ii) within one month of the date on which notice of the correction is given under regulation 51A(3) (correction of accidental errors); or
(iii) within such longer time as may be allowed by regulation 17;”.
(3) After regulation 51 (authorisation of representative) add—“
51A. 

(1) An accidental error in a decision of the Department made under the Order, or in any record of such a decision, may be corrected by the Department at any time.
(2) Such a correction is to be treated as part of that decision or of that record.
(3) The Department must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.
(4) In calculating the time within which an application may be made under regulation 16(1)(a) (revision of decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of the correction was given.”.
3 
After paragraph 47F of Schedule 2 to the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 (amounts to be disregarded when calculating or estimating N and M) insert—“
47G. 
Any top-up payment made under the Childcare Payments Act 2014 (“top-up payment” is to be read in accordance with section 1 of that Act).”.
4 
In regulations 10A(1)(a) (reimbursement of a repayment of overpaid child maintenance) and 10B (repayment of a reimbursement of a voluntary payment) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992, after “income support” insert “, income-related employment and support allowance”.
5 
Schedule 1 to the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 (liability order prescribed form) is amended as follows.
(a) for “are due from the defendant” substitute “have become payable by the liable person (the defendant)”;
(b) for “are outstanding” substitute “have not been paid”;
(c) for “collected by virtue of” substitute “that the Department has arranged to collect under”.
6 

(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support (Northern Ireland) Order 1991 as substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 before its amendment by paragraph 2 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008, as if they had been amended as follows.
(2) In regulation 3A(1) (revision of child support decisions), for sub-paragraph (a) substitute—“
(a) if the Department receives an application for the revision of a decision under either Article 18 or Article 28G of the Child Support Order—
(i) within one month of the date of notification of the decision;
(ii) within one month of the date on which notice of the correction is given under regulation 9B(3) (correction of accidental errors in child support decisions); or
(iii) within such longer time as may be allowed under regulation 4;”.
(3) After regulation 9A (correction of accidental errors) insert—“
9B. 

(1) An accidental error in a decision of the Department made under the Child Support Order, or in any record of such a decision, may be corrected by the Department at any time.
(2) Such a correction is to be treated as part of that decision or of that record.
(3) The Department must give written notice of the correction as soon as practicable to the persons to whom notice of that decision was required to be given.
(4) In calculating the time within which an application may be made under regulation 3A(1)(a) (revision of child support decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of the correction was given.”.
7 
After regulation 14 of the Child Support Information Regulations (Northern Ireland) 2008 (employment to which Article 46 of the Order applies) add—“
14A. 

(1) The information prescribed for the purposes of Article 45D(2)(c) of the Order (disclosure of information to credit reference agencies) is, in relation to the person referred to in Article 45D(2)(b) of the Order—
(a) the person’s name, last known or notified address and date of birth;
(b) the reference number used by the Department to identify the person’s case;
(c) the date on which any liability order in force against the person was made;
(d) the amount in respect of which that liability order was made;
(e) the address stated in that liability order, if different from the person’s last known or notified address;
(f) that the amount referred to in sub-paragraph (d) has been paid and date on which that amount was paid.
(g) that a liability order made against the person has been set aside or quashed.
(2) The Department must send a written notice by post to the person’s last known or notified address at least twenty-one days prior to supplying the information in paragraph (1)(a) to (e) to a credit reference agency.
(3) The requirement in paragraph (2) does not apply where the person cannot be traced.
(4) The written notice must state that the Department intends to supply information in relation to the non-resident parent to a credit reference agency.”.
8 

(1) The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 are amended as follows.
(2) In regulation 14(1) (grounds for revision), for sub-paragraph (a) substitute—“
(a) if the Department receives an application for the revision of a decision under either Article 18 or Article 28G of the Child Support Order—
(i) within 30 days after the date of notification of the decision;
(ii) within 30 days after the date on which notice of the correction is given under regulation 27A(3) (correction of accidental errors); or
(iii) within such longer time as may be allowed under regulation 15;”.
(3) After Chapter 5 (notification of decisions) add—“
Chapter 5A
27A. 

(1) An accidental error in a decision of the Department made under the Child Support Order, or in any record of such a decision, may be corrected by the Department at any time.
(2) Such a correction is to be treated as part of that decision or of that record.
(3) The Department must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.
(4) In calculating the time within which an application may be made under regulation 14(1)(a) (grounds for revision) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of the correction was given.”.
Sealed with the Official Seal of the Department for Social Development on 3rd March 2015
(L.S.)Anne McCleary
A senior officer of the Department for Social Development
