
2001 No. 29
FAMILY LAW
SOCIAL SECURITY
CHILD SUPPORT
The Child Support (Consequential Amendments and Transitional Provisions) Regulations (Northern Ireland) 2001
Made 26th January 2001
Coming into operation in accordance with regulation 1(1) and (2)
The Department for Social Development, in exercise of the powers conferred by section 28(1) and (2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Part I General
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Child Support (Consequential Amendments and Transitional Provisions) Regulations (Northern Ireland) 2001 and shall, subject to paragraph (2), come into operation in relation to a particular case on the date on which section 1 of the Act comes into operation in relation to that type of case.
(2) Regulation 10 and, for the purposes of that provision, this regulation, shall come into operation on 15th February 2001.
(3) In these Regulations—
 “the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;
 “the Order” means the Child Support (Northern Ireland) Order 1991;
 ...
 “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;
 “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;
 “the Maintenance Payments Regulations” means the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations (Northern Ireland) 1996.
Part II Consequential Amendments
Amendment of the Guardian’s Allowances Regulations
2 
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Amendment of the Income Support Regulations
3 

(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In Schedule 3 (housing costs) in paragraph 14(2)—
(a) subject to sub-paragraph (b), for “assessment” wherever it appears there shall be substituted “calculation”; and
(b) in head (b) for “interim maintenance assessment” wherever it appears there shall be substituted “interim maintenance decision or default maintenance decision”.
Amendment of the Jobseeker’s Allowance Regulations
4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Maintenance Payments Regulations
5 
In regulation 2(a)(ii) of the Maintenance Payments Regulations (interpretation for the purposes of section 72A of the Act) for “assessment” there shall be substituted “calculation”.
Amendment of the New Deal (Miscellaneous Provisions) Order
6 
In the Schedule to the New Deal (Miscellaneous Provisions) Order (Northern Ireland) 1998 (statutory provisions) at the end there shall be added—“
 The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001
 The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
7 

(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 shall be amended in accordance with paragraphs (2) to (4).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In regulation 33(1)(a)(i) (making of appeals and applications) “(including that Article as extended by paragraph 3 of Schedule 4C to that Order)” shall be omitted.
(4) In regulation 44 (confidentiality in child support appeals and referrals)—
(a) in paragraphs (1)(a), (2) and (3) for “absent parent” wherever it appears there shall be substituted “non-resident parent”; and
(b) in paragraph (2) for “direction” there shall be substituted “decision” and for “Article 43(11)” there shall be substituted “Article 43(10)”.
Amendment of the New Deal Pilot for 25 Plus (Miscellaneous Provisions) Order
8 
In the Schedule to the New Deal Pilot for 25 Plus (Miscellaneous Provisions) Order (Northern Ireland) 1999 (list of subordinate legislation) at the end there shall be added—“
 The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001.
 The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001.”.
Part III Savings
Savings for particular cases
9 

(1) Where, in respect of a particular case, there is a maintenance assessment the effective date of which is before the date on which these Regulations come into operation in relation to that type of case (“the commencement date”), these Regulations shall not apply for the purposes of—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the Income Support Regulations, in relation to a person who is entitled to income support for a period beginning on or before the day before the commencement date;
(c) the Jobseeker’s Allowance Regulations, in relation to a person who is entitled to jobseeker’s allowance for a period beginning on or before the day before the commencement date; and
(d) the Maintenance Payments Regulations, in relation to payment of child support maintenance under a maintenance assessment in a period beginning on or before the day before the commencement date.
(2) These Regulations shall not apply with respect to the Income Support Regulations and the Jobseeker’s Allowance Regulations in relation to a person who is entitled to income support or a jobseeker’s allowance, as the case may be, for a period beginning on or before the day before the commencement date.
Part IV Transitional Provision
Transitional provision – redetermination of appeals
10 
In relation to any particular case, before the date on which these Regulations, except for this regulation, come into operation for the purposes of that case, in Article 24A(4)(b) of the Order the reference to “qualifying persons” shall be treated as a reference to any person referred to in Article 22 of the Order before its amendment by the Act with a right of appeal under that Article and the reference in Article 24A(3) of the Order to “the principal parties” shall be construed accordingly.
Sealed with the Official Seal of the Department for Social Development on 26th January 2001.
John O'Neill
Senior Officer of the
Department for Social Development
