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(1) These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 and, subject to paragraphs (2) and (3), shall come into operation on 17th March 2005.
(2) Regulation 4 shall come into operation, for the purposes of any type of case which is not one in relation to which 3rd March 2003 is the day appointed for the coming into operation of section 1(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, on the day on which that provision comes into operation in relation to that type of case.
(3) Regulation 8(2), (4), (5) and (6) shall come into operation on 6th April 2005.
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After regulation 8 of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 (maintenance calculations and maintenance orders made in error) there shall be inserted the following regulation –“
8A. 
Where –
(a) a maintenance calculation has been made with respect to a qualifying child in response to an application made under Article 7 of the Order;
(b) at the time that maintenance calculation was made a maintenance order was in force with respect to that child;
(c) the maintenance order has ceased to have effect by virtue of the provisions of regulation 3; and
(d) the non-resident parent had made payments of maintenance due under that order after the date on which the maintenance calculation took effect in accordance with regulation 25 of the Maintenance Calculation Procedure Regulations,the payments made under the maintenance order shall be treated as payments of child support maintenance.”.
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In regulation 27 of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (subsequent decision with effect in transitional period – amount payable) –
(a) after paragraph (7) there shall be inserted the following paragraphs –“
(7A) This paragraph applies where –
(a) paragraph (1) applies and at the date of the subsequent decision there is more than one person with care in relation to the same non-resident parent; and
(b) as a result of the subsequent decision there is one person with care in relation to that non-resident parent.
(7B) Where paragraph (7A) applies, the amount payable to a person with care in respect of whom the amount payable is calculated by reference to a phasing amount shall be determined by applying paragraphs (1) to (5) as if references to –
(a) the new amount and the transitional amount were to the apportioned part of the amount in question which had been payable immediately prior to the subsequent decision to the person with care in respect of whom the subsequent decision is made; and
(b) the subsequent decision amount were to the full amount payable under the subsequent decision.”; and
(b) in paragraph (8), for “paragraph (7)” there shall be substituted “paragraphs (7) and (7B)”.
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Sealed with the Official Seal of the Department for Social Development on 16th March 2005.
John O'Neill
A senior officer of the
Department for Social Development
