
PART 1
1 

(1) These Regulations may be cited as the Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 and shall come into operation as follows—
(a) this regulation and regulation 10, on 10th December 2012;
(b) regulations 2, 3 and 9(1), on the day on which section 26 of the Act comes into operation;
(c) subject to sub-paragraph (d), regulations 4 to 8, 9(2) and 11, in relation to a particular case, on the day on which paragraph 2 of Schedule 1 to the Act comes into operation in relation to that type of case;
(d) regulations 4(3) to (6) and 11, in relation to an arrears-only case, on 10th December 2012, subject to the savings in regulation 10(1).
(2) In these Regulations—
 “the Act” means the Child Maintenance Act (Northern Ireland) 2008;
 “arrears of child support maintenance” means any payment of child support maintenance—
(a) which has become due in relation to a maintenance assessment, or a maintenance calculation made under 2003 scheme rules, and not paid; and
(b) in respect of which the Department is arranging collection under Article 29 of the Child Support (Northern Ireland) Order 1991;
 “arrears-only case” means a case in which—
(a) there are arrears of child support maintenance; and
(b) there is—
(i) no maintenance assessment, or maintenance calculation made under the 2003 scheme rules, still in force; and
(ii) no application for a maintenance assessment, or a maintenance calculation falling to be made under the 2003 scheme rules, still to be determined;
 “the Collection and Enforcement Regulations” mean the Child Support (Collection and Enforcement) Regulations (Northern Ireland)1992.
(3) For the purposes of paragraph (2), a maintenance calculation is made (or will fall to be made) under the 2003 scheme rules if the amount of the periodical payments required to be paid in accordance with it is (or will be) determined otherwise than in accordance with Part 1 of Schedule 1 to the Child Support (Northern Ireland) Order 1991, as amended by Schedule 1 to the Act.
PART 2
2 
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3 
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PART 3
4 

(1) The Collection and Enforcement Regulations are amended in accordance with paragraphs (2) to (6).
(2) For regulation 4 (interval of payment) substitute—“
4. 

(1) The Department may, for the purposes of determining the frequency and amount of the payments of child support maintenance required to be made by a liable person—
(a) determine the total amount payable for the reference period on the assumption that the weekly rate of child support maintenance will not change over that period; and
(b) require that amount to be paid by equal instalments over that period at intervals determined by the Department.
(2) The reference period in relation to the maintenance calculation is, subject to paragraph (3), the period of 52 weeks mentioned in Article 29(3A) of the Order beginning with—
(a) the initial effective date (where it is the first such period in relation to the maintenance calculation); or
(b) the review date.
(3) In this regulation “initial effective date” and “review date” have the meanings given by regulations 12 and 19 respectively of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012.”.
(3) In regulation 8(1) (interpretation of this Part) in the definition of “normal deduction rate” for “week, month or other period” substitute “month and the equivalent of that sum for a 1, 2 and 4 week period”.
(4) For regulations 10 and 11 (normal deduction rate and protected earnings proportion) substitute—“
10. 

(1) The period by reference to which the normal deduction rate is set must be the period by reference to which the liable person is normally paid where that period is a 1, 2 or 4 weekly or monthly period.
(2) The employer must select the normal deduction rate which applies depending on the period by reference to which the liable person’s earnings are normally paid.
(3) Where the liable person is paid by reference to a period other than at a 1, 2 or 4 weekly or monthly period, the Department must discharge the deduction from earnings order in accordance with regulation 20.
11. 

(1) The period by reference to which the protected earnings proportion is set must be the same as the period by reference to which the normal deduction rate is set in accordance with regulation 10(1).
(2) The protected earnings proportion in respect of any period shall be 60 per cent. of the liable person’s net earnings in respect of that period as calculated at the pay-day of the liable person by the employer.”.
(5) In regulation 20(1) (discharge of deduction from earnings orders)—
(a) omit “or” after sub-paragraph (e); and
(b) after sub-paragraph (f) add—“or
(g) the circumstances in regulation 10(3) apply.”.
(6) In regulations 25C(1)(a) and 25G(2)(d) (maximum deduction rate and review of a regular deduction order) for “net” substitute “gross”.
5 

(1) The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (interpretation) omit the definitions of “Maintenance Assessment Procedure Regulations” and “Maintenance Calculation Procedure Regulations”.
(3) In regulation 5(3)(c) (notifications by the Department) for “regulation 8 of the Maintenance Calculations and Special Cases Regulations (Northern Ireland) 1992” substitute “regulation 49 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012”.
(4) In regulation 8A(d) (maintenance calculations and maintenance orders – payments) omit “in accordance with regulation 25 of the Maintenance Calculation Procedure Regulations”.
6 

(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are amended in accordance with paragraphs (2) to (7).
(2) In regulation 1(2) (interpretation) omit the definitions of “the Arrears, Interest and Adjustment of Maintenance Assessments Regulations”, “the Maintenance Calculation Procedure Regulations”, “the Maintenance Calculations and Special Cases Regulations”, “relevant other child”, “relevant person” and “the Variations Regulations”.
(3) Omit regulations 3A, 5A, 6A, 6B, 7B, 7C, 15A, 15B, 15C, 23 and 24.
(4) In regulation 4 (late application for a revision)—
(a) in paragraph (1) omit “or 3A(1)(a)”;
(b) in paragraph (2) omit “the relevant person”;
(c) in paragraph (4)(c) omit “or, as the case may be, 3A”;
(d) in paragraph (5) omit “or, as the case may be, regulation 3A(1)(a)”; and
(e) omit paragraph (8) (as substituted by regulation 2(5)(e) of the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2001).
(5) In regulation 30 (appeals against decisions which has been replaced or revised) omit “replaced or” in each place where it occurs.
(6) In regulation 31(2) (time within which appeals are to be brought) for “, 3A(1) or regulation 16(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992”, in both places where it occurs, substitute “or regulation 14 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012”.
(7) Omit Schedule 2D (effective dates for supersession of child support decisions).
7 

(1) The Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation)—
(a) omit the definition of “the Maintenance Calculations and Special Cases Regulations”;
(b) in the definition of “the qualifying child’s home” omit the words from “and “home” has” to the end; and
(c) in the definition of “relevant person”, in paragraph (c) for the words from “regulation 8” to the end substitute “regulation 49 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012”; and
(3) In regulation 2(1) (voluntary payment) in sub-paragraph (c) omit the words from “, and for this purpose” to the end.
8 

(1) The Child Support Information Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2 (interpretation)—
(a) in paragraph (1) for the definition of “Maintenance Calculation Procedure Regulations” substitute—“
 “the Maintenance Calculation Regulations” means the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012;”; and
(b) omit paragraphs (2) and (3).
(3) In regulation 7 (duty of persons from whom information requested) omit paragraph (3).
(4) After regulation 9 (duty to notify change of address) insert—“
9A. 

(1) In a case falling within paragraph (2) or (3), the Department may notify the non-resident parent of the requirement to notify the Department of any relevant change of circumstances in relation to that income.
(2) A case falls within this paragraph if, in relation to a maintenance calculation in force—
(a) gross weekly income is determined by reference to the non-resident parent’s current income as an employee or officeholder (in accordance with regulation 37 of the Maintenance Calculation Regulations); and
(b) paragraph 5(b) of the Schedule 1 to the Order (nil rate) does not apply.
(3) A case falls within this paragraph if, in relation to a maintenance calculation in force—
(a) gross weekly income is determined by reference to the non-resident parent’s current income (in accordance with regulation 36 of the Maintenance Calculation Regulations); and
(b) paragraph 5(b) of Schedule 1 to the Order applies.
(4) A notification by the Department under paragraph (1) must be in writing.
(5) Where a relevant change of circumstances occurs after the non-resident parent has been notified of a requirement under paragraph (1) the non-resident parent must notify the Department of that change—
(a) within fourteen days beginning with and including the day on which the change occurs; or
(b) within such other period as the Department has specified in its notification.
(6) For the purposes of a case falling within paragraph (2), a relevant change of circumstances occurs where—
(a) the non-resident parent—
(i) commences a new employment or office, or
(ii) in relation to an existing employment or office, commences a new rate of remuneration or a new working pattern,
and could reasonably be expected to know that would result in an increased liability under the maintenance calculation in force if reported to the Department; or
(b) the non-resident parent receives from their employment or office the following number of consecutive payments, each of which (if it were taken as a weekly average) exceeds the gross weekly income taken into account in the maintenance calculation in force by 25 per cent. or more—
(i) five payments, in the case of a non-resident parent paid weekly,
(ii) three payments, in the case of a non-resident parent paid fortnightly,
(iii) two payments, in the case of a non-resident parent paid four weekly or monthly.
(7) The payments referred to in paragraph (6)(b) are the gross remuneration from the employment or office in question less any pension contributions deducted under net pay arrangements.
(8) In paragraph (7) “net pay arrangements” means arrangements for relief in respect of pension contributions under section 193 of the Finance Act 2004.
(9) For the purposes of a case falling within paragraph (3), a relevant change of circumstances occurs where the non-resident parent’s income increases to a gross weekly income of £5 or more.
(10) For the purposes of paragraph (9), gross weekly income is to be calculated in accordance with regulation 44(2) of the Maintenance Calculation Regulations.”.
(5) In regulation 13(1)(d) (disclosure of information to other persons) for “regulation 23 of “the Maintenance Calculation Procedure Regulations” substitute “regulation 25 of the Maintenance Calculation Regulations (notification of a maintenance calculation)”.
PART 4
9 

(1) Regulations 2(4)(a) and (e) and 4(2) and (6) of the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 are revoked.
(2) The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).
10 

(1) Regulations 8, 10, 11 and 20 of the Collection and Enforcement Regulations continue to apply in relation to an arrears-only case, as they were in operation immediately before the amendments made by regulation 4(3) to (6) come into operation, until notice is given to the non-resident parent by the Department that the provisions of the Regulations (as amended by regulation 4(3) to (6)) apply to that case.
(2) Any notice given under paragraph (1) must be in writing and sent by ordinary post to the non-resident parent’s last known or notified address and will be treated as having been given on the second day following the day on which it is posted.
(3) For the purposes of this regulation any reference to a non-resident parent includes reference to an absent parent.
11 

(1) Where, in any case, a deduction from earnings order was made before the date on which the Collection and Enforcement Regulations, as amended by regulation 4(3) to (6) apply in relation to that case, this regulation shall apply in respect of that order.
(2) Where the deduction from earnings order still has effect immediately before regulation 4(3) to (6) comes into operation in relation to that case—
(a) the order continues to take effect for the purposes of any deductions which are required to be made under the order until it is discharged or lapses;
(b) the Collection and Enforcement Regulations, as they were in operation before the amendments made by regulation 4(3) to (6) came into operation, continue to apply in relation to the order until it is discharged or lapses; and
(c) the order is to be treated as discharged, if it has not otherwise lapsed or been discharged, either—
(i) in a case where there are old scheme arrears, on the date on which the old scheme arrears have been transferred to the computer system on which cases where child support maintenance calculated under the new scheme rules are administered by the Department, or
(ii) in a case where there are no old scheme arrears, on the date on which the first deduction from earnings order made under the Collection and Enforcement Regulations as amended by regulation 4(3) to (6) takes effect.
(3) In this regulation—
 “calculated under the new scheme rules” means calculated in accordance with Part 1 of Schedule 1 to the Child Support Order (Northern Ireland) 1991 as amended by paragraph 2 of Schedule 1 to the Act;
 “old scheme arrears” means the amount of child support maintenance calculated other that in accordance with the new scheme rules which is overdue and which remains outstanding.
Sealed with the Official Seal of the Department for Social Development on 6th December 2012
(L.S.)Anne McCleary
A senior officer of the Department for Social Development

SCHEDULE
Regulation 9(2)


Column (1) Column (2) Column (3)
Citation Reference Extent of revocation
The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 S.R. 1992 No. 340 The whole Regulations
The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 S.R. 1992 No. 341 The whole Regulations
The Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 S.R. 1992 No. 390 In regulation 20(1) the word “or” after sub-paragraph (e)
The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 S.R. 1992 No. 466 In regulation 1(2) the definitions of “Maintenance Assessment Procedure Regulations” and “Maintenance Calculation Procedure Regulations”
  In regulation 8A(d) the words “in accordance with regulation 25 of the Maintenance Calculation Procedure Regulations”
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1993 S.R 1993 No. 164 In regulation 1(2) the definitions of “Maintenance Assessment Procedure Regulations” and “Maintenance Assessments and Special Cases Regulations”
  Regulations 4(2) and 5
The Child Support (Maintenance Assessments and Special Cases) (Amendment) Regulations (Northern Ireland) 1993 S.R. 1993 No. 191 The whole Regulations
The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations (Northern Ireland) 1994 S.R. 1994 No. 37 Regulation 5
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1995 S.R. 1995 No. 19 In regulation 1(2) the definition of “Maintenance Assessment Procedure Regulations”
  Regulation 4
The Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995 S.R. 1995 No. 162 In regulation 1(2) the definitions of “Maintenance Assessment Procedure Regulations” and “Maintenance Assessments and Special Cases Regulations”
  Regulations 4(2), (6) and (7), 7(2), 8, 9 and 13(1) to (3)
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995 S.R. 1995 No. 475 Regulations 1(2), 3, 4 and 12
The Child Support (Maintenance Assessments and Special Cases and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1996 S.R. 1996 No. 65 Regulations 2 and 3
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 S.R. 1996 No. 288 Regulation 7
The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996 S.R. 1996 No. 289 Regulations 20 and 21
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 S.R. 1996 No. 317 Regulations 3, 4 and 5(3)
The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 S.R. 1996 No. 541 The whole Regulations
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996 S.R. 1996 No. 590 Regulations 1(2), 2, 3 and 6(3)
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1998 S.R. 1998 No. 8 Regulations 1(4), 3 to 5, 9 and 11
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1999 S.R. 1999 No. 152 Regulations 3 and 4
The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 S.R. 1999 No. 162 In regulation 1(2) the definitions of “the Arrears, Interest and Adjustment of Maintenance Assessments Regulations”, “the Maintenance Calculation Procedure Regulations”, “the Maintenance Calculations and Special Cases Regulations”, “relevant other child”, “relevant person” and “the Variations Regulations”
  Regulation 3A
  In regulation 4, in paragraph (1) the words “or 3A(1)(a)”, in paragraph (2) the words “the relevant person”, in paragraph (4)(c), the words “or, as the case may be, 3A,” and in paragraph (5) the words “or, as the case may be, regulation 3A(1)(a)”, and paragraph (8) (as substituted by S.R. 2001 No. 23)
  Regulations 5A, 6A, 6B, 7B, 7C, 15A, 15B, 15C, 23 and 24
  In regulation 30 the words “replaced or” in each place where they occur
  Schedule 2D
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999 S.R. 1999 No. 167 The whole Regulations
The Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1996 S.R. 1999 No. 246 (C. 20) Articles 8, 9 and 11
The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999 S.R. 1999 No. 385 Regulation 6
The Social Secutity and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 S.R. 2000 No. 215 Regulations 4 and 5
The Child Support (Colection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001 S.R. 2001 No. 15 Regulation 3(10) and (11)
The Child Support (Information, Evidence and Disclosure and Maintenance Arrangement and Jurisdiction (Amendment) Regulations (Northern Ireland) 2001 S.R. 2001 No. 16 Regulation 3(4) and (6)
The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 S.R. 2001 No. 17 The whole Regulations
The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 S.R. 2001 No. 18 The whole Regulations
The Child Support (Variations) Regulations (Northern Ireland) 2001 S.R. 2001 No. 20 The whole Regulations
The Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001 S.R. 2001 No. 21 In regulation 1(2) the definition of “the Maintenance Calculations and Special Cases Regulations” and in the definition of “the qualifying child’s home” the words from “and “home” has” to the end
  In regulation 2(1)(c) the words from “, and for this purpose” to the end
The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2001 S.R. 2001 No. 23 Regulations 2(2)(a), (b) and (e), in sub-paragraph (f) the definition of “the Variations Regulations”, (4) to (9) and (10)(a), (b)(ii) and (iii), (c)(ii) and (iii), (d) and (e)
The Child Support (Consequential Amendments and Transitional Provisions) Regulations (Northern Ireland) 2001 S.R. 2001 No. 29 Regulation 7(2)
The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001 S.R. 2001 No. 176 Paragraphs 8 and 9 of Schedule 4
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 S.R. 2002 No. 164 Regulations 3 to 8 and 10
The Social Security (Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2002 S.R. 2002 No. 323 Paragraph 1(l) of the Schedule
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 S. R. 2003 No. 84 Regulations 2, 3, 6, 8, 9 and 11
The Child Support and Social Security (Transitional Provisions) (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 S.R. 2003 No. 91 Regulation 2(1) to (3)
The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 S.R. 2003 No. 191 Regulation 33
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 S.R. 2003 No. 224 Regulation 5
The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003 S.R. 2003 No. 274 Paragraphs 3 and 4 of Schedule 2
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 S.R. 2003 No. 469 Regulations 2 to 6, 8 and 9
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 S.R. 2004 No. 428 Regulations 3 to 7 and 9
The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 S.R. 2005 No. 46 Regulation 7(8)
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 S.R. 2005 No. 125 Regulations 2, 3, 6 and 8
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc Provisions) Order (Northern Ireland) 2005 S.R. 2005 No. 536 Paragraphs 2 and 6 to 8 of Schedule 4
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 S.R. 2006 No. 273 Regulations 3(3), 4 and 6
The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 S.R. 2006 No. 407 Paragraph 3 of Schedule 2
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 S.R. 2007 No. 196 Regulation 3
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 S.R. 2007 No. 347 Regulations 3 and 5
The Independent Living Fund (2006) Order (Northern Ireland) 2007 S.R. 2007 No. 382 Article 3
The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 S.R. 2008 No. 286 Regulations 17, 18, 21, 26 and 27
The Child Support Information Regulations (Northern Ireland) 2008 S.R. 2008 No. 403 Regulations 2(2) and (3) and 7(3)
The Child Support (Consequential Provisions) Regulations (Northern Ireland) 2008 S.R. 2008 No. 404 Regulations 2 to 6 and 8
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 S.R. 2008 No. 409 Regulations 2, 3(3) and 4 to 6
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 S.R. 2009 No. 133 Regulations 2, 3, 5, 6(2) to (6) and (9), 7 and 8
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 S.R. 2009 No. 286 Regulation 3
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 S.R. 2009 No. 363 Regulations 2 and 4
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 S.R. 2011 No. 226 The whole Regulations
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 S.R. 2012 No. 163 Regulations 2, 3 and 5
The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 S.R. 2012 No. 438 Regulations 2 and 3