Child Maintenance Act (Northern Ireland) 2008

(g) the same persons are the parents of 2 or more children and each parent is— (i) a non-resident parent in relation to one or more of the children, and (ii) a person with care in relation to one or more of the children.

.

Recovery of arrears from deceased’s estate

29

After Article 40 of the Child Support Order insert—

(40A) (1) The Department may by regulations make provision for the recovery from the estate of a deceased person of arrears of child support maintenance for which the deceased person was liable immediately before death. (2) Regulations under paragraph (1) may, in particular— (a) make provision for arrears of child support maintenance for which a deceased person was so liable to be a debt payable by the deceased's executor or administrator out of the deceased's estate to the Department; (b) make provision for establishing the amount of any such arrears; (c) make provision about procedure in relation to claims under the regulations. (3) Regulations under paragraph (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.

.

Disclosure of information relating to family proceedings

30

After Article 45A of the Child Support Order (inserted by section 25), insert—

(45B) (1) Where this Article applies, a disclosure of information relating to family proceedings, made to the Department, or to a person providing services to the Department, by a party to the proceedings is not (if it would otherwise be) a contempt of court or punishable as a contempt of court. (2) This Article applies if— (a) the party is a person with care or non-resident parent in relation to a child (b) child support maintenance is payable, or an application for a maintenance calculation has been made, in respect of the child, and (c) the party reasonably considers that the information is relevant to the exercise of the Department's functions relating to child support in relation to the child. (3) A disclosure by a party's representative is to be treated for the purposes of this Article as a disclosure by the party, if the representative is instructed by the party to make the disclosure. (4) In this Article, “representative” means— (a) a barrister or solicitor who has been instructed to act for a party in relation to the proceedings; or (b) such other persons as may be prescribed in regulations made by the Department with the consent of the Lord Chancellor. (5) This Article does not apply if the court dealing with the proceedings so directs. (45C) (1) In Article 45B, “family proceedings” means any of the following proceedings commenced on or after the day on which that Article comes into operation— (a) proceedings for ancillary relief (within the meaning of paragraph (2)); (b) proceedings under section 17 of the Married Women's Property Act 1882 (questions between husband and wife as to property); (c) proceedings under any of the following provisions of the 1978 Order— (i) Article 29 (financial provision in cases of neglect to maintain); (ii) Article 37 (alteration of maintenance agreements); (d) proceedings under the Domestic Proceedings (Northern Ireland) Order 1980 (powers of court to make orders for financial provision); (e) proceedings under Part 4 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (financial relief in Northern Ireland after overseas divorce etc.); (f) proceedings under Articles 11 to 19 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (occupation orders); (g) proceedings under any of the following provisions of the 2004 Act— (i) section 191 (disputes between civil partners about property); (ii) paragraph 36 of Schedule 15 (orders where failure to maintain); (iii) paragraph 62 of Schedule 15 (alteration of maintenance agreements by the court) (iv) Schedule 16 (financial relief in courts of summary jurisdiction etc.); (v) Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership). (2) In paragraph (1)(a), “ancillary relief” means any of the following— (a) an order under Article 39(2)(b) or (c) of the 1978 Order or paragraph 67(3) or (4) of Schedule 15 to the 2004 Act (avoidance of disposition orders); (b) any of the orders mentioned in Article 23(1) of the 1978 Order (except an order under Article 29(6) of that Order) or any of the orders mentioned in paragraph 2(1) of Schedule 15 to the 2004 Act (financial provision orders) made under Part 1 of that Schedule; (c) an order under Article 24 of the 1978 Order (orders for maintenance pending suit); (d) an order under paragraph 33 of Schedule 15 to the 2004 Act (orders for maintenance pending outcome of proceedings); (e) any of the orders mentioned in Article 23(2) of the 1978 Order or any of the orders mentioned in paragraph 7(1) of Schedule 15 to the 2004 Act (property adjustment orders); (f) an order under Article 33 of the 1978 Order or an order under Part 10 of Schedule 15 to the 2004 Act (variation orders); (g) an order under Article 26B of the 1978 Order or an order under paragraph 10 of Schedule 15 to the 2004 Act (pension sharing orders). (3) The Department may by order amend this Article so as to provide that “family proceedings” in Article 45B includes proceedings of a description specified in the order, other than proceedings commenced before the day on which the order comes into operation. (4) An order under paragraph (3) may be made only with the consent of the Lord Chancellor. (5) In this Article— - “the 1978 Order” means the Matrimonial Causes (Northern Ireland) Order 1978; - “the 2004 Act” means the Civil Partnership Act 2004.

.

Disclosure of information to credit reference agencies

31

After Article 45C of the Child Support Order (inserted by section 30) insert—

(45D) (1) Subject to paragraph (3), the Department may supply qualifying information to a credit reference agency for use for the purpose of furnishing information relevant to the financial standing of individuals. (2) The reference in paragraph (1) to qualifying information is to information which— (a) is held by the Department for the purposes of this Order, (b) relates to a person who is liable to pay child support maintenance, and (c) is of a prescribed description. (3) Information may not be supplied under paragraph (1) without the consent of the person to whom it relates, unless a liability order against that person is in force. (4) No provision may be made under Article 16(3) authorising the supply of information by the Department to credit reference agencies. (5) In this Article, “credit reference agency” has the same meaning as in the Consumer Credit Act 1974.

.

Pilot schemes

32

After Article 47 of the Child Support Order insert—

(47A) (1) Any regulations made under this Order may be made so as to have effect for a specified period not exceeding 24 months. (2) Regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as a “pilot scheme”. (3) A pilot scheme may provide that its provisions are to apply only in relation to— (a) one or more specified areas or localities; (b) one or more specified classes of person; (c) persons selected by reference to prescribed criteria, or on a sampling basis. (4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period. (5) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

.

Extinction of liability in respect of interest and fees

33

Any outstanding liability in respect of the following is extinguished—

• (a) interest under the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 (SR 1992/342);

• (b) fees under the Child Support Fees Regulations (Northern Ireland) 1993 (SR 1993/73)

Use of information

34

Schedule 3 (which makes provision about the use of information for purposes of public administration) has effect.

Liable relative provisions: exclusion of parental duty to maintain

35

• (1) In section 100 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (failure to maintain), for subsection (3) substitute—

(3) Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is— (a) his or her spouse or civil partner, or (b) a person whom he or she would be liable to maintain if section 74(6)(c) and (8) had effect for the purposes of this Part.

.

• (2) In that section, in subsection (4), for the words from “a person” to the end, substitute “ subsection (3)(b) shall not apply ”.

PART 3 — GENERAL

Regulations: general

36

• (1) Power to make regulations under this Act includes power to make incidental, supplementary, consequential or transitional provision or savings.

• (2) Power to make regulations under this Act may be exercised so as to provide for a person to exercise a discretion in dealing with any matter.

• (3) Subject to the following provisions of this section, any regulations made under this Act shall be subject to negative resolution.

• (4) Regulations under section 3(1) or (4) or the first regulations under paragraphs 2(1), 3(1), 5(1) or (2), 6(1) or (3) or 7 of Schedule 2—

• (a) must be laid before the Assembly after being made; and

• (b) take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.

• (5) This subsection applies to any regulations under this Act which—

• (a) but for subsection (6), would be subject to negative resolution, and

• (b) are contained in a statutory rule which includes any regulations subject to the confirmatory procedure.

• (6) Any regulations to which subsection (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

• (7) In this section “the confirmatory procedure” means the procedure described in subsection (4).

General interpretation

37

• (1) In this Act—

• “the Child Support Order” means the Child Support (Northern Ireland) Order 1991 (NI 23);

• “the Department” means the Department for Social Development;

• “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

• (2) Where—

• (a) this Act amends or repeals a statutory provision contained in the Child Support Order which has been amended by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), and

• (b) the amendment by the 2000 Act has been brought into operation for limited purposes only,

the reference to the statutory provision shall, unless the contrary intention appears, be read as a reference to the statutory provision as it has effect apart from the 2000 Act, as well as to the statutory provision as amended by that Act.

Minor and consequential amendments

38

• (1) Schedule 4 (which makes minor and consequential amendments) has effect.

• (2) The Department may by regulations make provision consequential on this Act amending, repealing or revoking any statutory provision.

Repeals

39

The statutory provisions specified in Schedule 5 are repealed to the extent specified.

Transition

40

• (1) The Department may, in relation to Article 9 or 43 of the Child Support Order, by regulations make provision for the Article to have effect with such modifications as the Department considers expedient in anticipation of the coming into operation of section 7.

• (2) Articles 22(5A), 32A, 32E, 32F, 32J, 32L, 32M, 38C to 38E, 40A, 45A, 45B and 45D of the Child Support Order shall have effect as if “child support maintenance” included periodical payments required to be paid in accordance with a maintenance assessment under the Order.

• (3) Articles 22(7A), 32A, 32C, 32E, 32F, 32J, 32L, 32M, 36B, 36G, 37, 37A and 45B of the Child Support Order shall have effect as if “maintenance calculation” included a maintenance assessment under the Order.

• (4) Articles 35, 36B, 36G, 36J, 37, 37A and 45D of the Child Support Order shall have effect as if orders made under Article 33 of that Order had been made under Article 32M of that Order.

• (5) An order may be made under Article 32M of the Child Support Order in respect of an amount even though the time within which an application could have been instituted under Article 33 of that Order for an order in respect of that amount has expired

• (6) The Department may by regulations make in connection with the coming into operation of any provision of this Act such transitional provision or savings as the Department considers necessary or expedient.

Commencement

41

• (1) This Act (except sections 36, 37(1), 40(6), this section and section 42) shall come into operation on such day or days as the Department may by order appoint.

• (2) An order under subsection (1) may include such transitional provision or savings as the Department considers necessary or expedient in connection with bringing any provision of this Act into operation.

• (3) An order under subsection (1) appointing the day on which section 30 is to come into operation may be made only with the consent of the Lord Chancellor.

Short title

42

This Act may be cited as the Child Maintenance Act (Northern Ireland) 2008.

SCHEDULE 1

Introductory

1

Part 1 of Schedule 1 to the Child Support Order (calculation of weekly amount of child support maintenance) is amended as follows.

Calculation by reference to gross weekly income

2

In Part 1 (under which the weekly amount of child support maintenance payable is calculated by reference to the non-resident parent's net weekly income), for “net”, in each place where it occurs, substitute “ gross ”.

Change to basic rate

3

For paragraph 2 (basic rate) substitute—

(2) (1) Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income— - 12% where the non-resident parent has one qualifying child; - 16% where the non-resident parent has 2 qualifying children; - 19% where the non-resident parent has 3 or more qualifying children. (2) If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder— - 9% where the non-resident parent has one qualifying child; - 12% where the non-resident parent has 2 qualifying children; - 15% where the non-resident parent has 3 or more qualifying children. (3) If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage— - 12% where the non-resident parent has one relevant other child; - 16% where the non-resident parent has 2 relevant other children; - 19% where the non-resident parent has 3 or more relevant other children.

.

Increase in flat rate and minimum amounts of liability

4

In the following provisions, for “£5” substitute “ £7 ”

• (a) paragraph 3(3) (minimum amount of liability in the case of reduced rate);

• (b) paragraph 4(1) (amount of flat rate of liability);

• (c) paragraph 7(7) (minimum amount of liability in the case of basic and reduced rates where reduction because of shared care applies)

Applicable rate where non-resident parent party to other maintenance arrangement

5

• (1) In paragraph 1(1) (under which the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or a nil rate applies), at the beginning insert “ Subject to paragraph 5A, ”.

• (2) After paragraph 5 insert—

(5A) (1) This paragraph applies where— (a) the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of the non-resident parent who is not a qualifying child, and (b) the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate. (2) The weekly rate of child support maintenance is the greater of £7 and the amount found as follows. (3) First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement. (4) Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation. (5) Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent. (6) For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is— (a) liable to pay maintenance for the child under a maintenance order, or (b) a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child, and the child is habitually resident in the United Kingdom.

.

Shared care

6

In paragraph 7(2) (circumstances in which decrease for shared care applies in cases where child support maintenance is payable at the basic rate or a reduced rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

7

In paragraph 8(2) (circumstances in which decrease for shared care applies in cases where child support maintenance payable at a flat rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”

8

• (1) In paragraph 9 (regulations about shared care), the existing provision becomes sub-paragraph (1).

• (2) In that sub-paragraph, before paragraph (a) insert—

(za) for how it is to be determined whether the care of a qualifying child is to be shared as mentioned in paragraph 7(2);

.

• (3) In that sub-paragraph, after paragraph (b) insert—

(ba) for how it is to be determined how many nights count for those purposes;

.

• (4) After that sub-paragraph add—

(2) Regulations under sub-paragraph (1)(ba) may include provision enabling the Department to proceed for a prescribed period on the basis of a prescribed assumption.

.

Weekly income

9

In paragraph 10 (which confers power to make regulations about the manner in which weekly income is to be determined), for sub-paragraph (2) substitute—

(2) The regulations may, in particular— (a) provide for determination in prescribed circumstances by reference to income of a prescribed description in a prescribed past period; (b) provide for the Department to estimate any income or make an assumption as to any fact where, in its view, the information at its disposal is unreliable or insufficient, or relates to an atypical period in the life of the non-resident parent.

.

10

In paragraph 10(3) (under which weekly income over £2,000 is to be ignored for the purposes of Schedule 1), for “£2,000” substitute “ £3,000 ”.

SCHEDULE 2

Power to require a decision about whether to stay in the statutory scheme

1

• (1) The Department may require the interested parties in relation to an existing case to choose whether or not to stay in the statutory scheme, so far as future accrual of liability is concerned.

• (2) The reference in sub-paragraph (1) to an existing case is to any of the following—

• (a) a maintenance assessment,

• (b) an application for a maintenance assessment,

• (c) a maintenance calculation made under existing rules, an

• (d) an application for a maintenance calculation which will fall to be made under existing rules.

• (3) For the purposes of this paragraph, a maintenance calculation is made (or will fall to be made) under existing 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 Order as amended by this Act.

2

• (1) The Department may by regulations make provision about the exercise of the power under paragraph 1(1).

• (2) Regulations under sub-paragraph (1) may, in particular—

• (a) make provision about timing in relation to exercise of the power;

• (b) make provision for exercise of the power in stages;

• (c) specify principles for determining the order in which particular cases are to be dealt with under the power;

• (d) make provision about procedure in relation to exercise of the power.

3

• (1) The Department shall by regulations make such provision as it thinks fit about exercise of the right to make a choice required under paragraph 1(1).

• (2) Regulations under sub-paragraph (1) shall, in particular—

• (a) make provision about the time within which the choice must be made;

• (b) make provision for a choice to stay in the statutory scheme to be made by means of an application to the Department for a maintenance calculation;

• (c) make provision about the form and content of any application required by provision under paragraph (b).

4

If, in a particular case, any of the interested parties chooses not to stay in the statutory scheme, that person's choice shall be disregarded if any of the other interested parties chooses to stay in the statutory scheme.

Effect on accrual of liability of exercise of power under paragraph 1.

5

• (1) Where the power under paragraph 1(1) is exercised in relation to a maintenance assessment or maintenance calculation, liability under the assessment or calculation shall cease to accrue with effect from such date as may be determined in accordance with regulations made by the Department.

• (2) Where the power under paragraph 1(1) is exercised in relation to an application for a maintenance assessment or maintenance calculation, liability under any assessment or calculation made in response to the application shall accrue only in respect of the period ending with such date as may be determined in accordance with regulations made by the Department.

Additional powers

6

• (1) The Department may by regulations make such provision as appears to it to be necessary or expedient for the purposes of, or in connection with, giving effect to a decision not to leave the statutory scheme.

• (2) Regulations under sub-paragraph (1) may, in particular—

• (a) make provision about procedure in relation to determination of an application made in pursuance of regulations under paragraph 3

• (b) make provision about the application of the Child Support Order in relation to a maintenance calculation made in response to such an application;

• (c) prescribe circumstances in which liability under such a maintenance calculation is to be subject to a prescribed adjustment.

• (3) The Department may by regulations make provision enabling the Department to treat an application of the kind mentioned in paragraph 1(2)(b) or (d) as withdrawn if none of the interested parties chooses to stay in the statutory scheme.

Interpretation

7

In this Schedule—

• “interested parties” has such meaning as may be prescribed;

• “maintenance assessment” means an assessment of maintenance made under the Child Support Order;

• “maintenance calculation” means a calculation of maintenance made under that Order;

• “prescribed” means prescribed by regulations made by the Department;

• “statutory scheme” means the scheme for child support maintenance under that Order.

SCHEDULE 3

1

• (1) This paragraph applies to information which is held for the purposes of functions relating to income tax, contributions, tax credits, child benefit or guardian's allowance—

• (a) by the Commissioners for Her Majesty's Revenue and Customs, or

• (b) by a person providing services to them, in connection with the provision of those services.

• (2) Information to which this paragraph applies may be supplied—

• (a) to the Department or the Department for Employment and Learning, or

• (b) to a person providing services to either of those Departments,

for use for the purposes of functions relating to child support.

• (3) In this paragraph, “contributions” means contributions under Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).

2

• (1) This paragraph applies to information which is held for the purposes of functions relating to child support—

• (a) by the Department or the Department for Employment and Learning, or

• (b) by a person providing services to either of those Departments, in connection with the provision of those services.

• (2) Information to which this paragraph applies may be supplied

• (a) to the Commissioners for Her Majesty's Revenue and Customs, or

• (b) to a person providing services to them,

for use for the purposes of any of their functions.

SCHEDULE 4

The Child Support (Northern Ireland) Order 1991 (NI 23)

1

• (1) The Child Support Order is amended as follows.

• (2) In Article 2(2) (interpretation)—

• (a) at the appropriate places insert—

“curfew order” has the meaning given in Article 36G(1); “deposit taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;

;

• (b) in the definition of “liability order” for “Article 33(2)” substitute “ Article 32M(2) ”.

• (3) In that Article, after paragraph (2) add—

(3) The definition of “deposit-taker” in paragraph (2) is to be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

.

• (4) In Article 10 (role of the courts with respect to maintenance for children), in paragraph (6)(b) (which refers to the non-resident parent's net weekly income), for “net” substitute “ gross ”.

• (5) In Article 22 (appeals to appeal tribunals), in paragraph (1), after sub-paragraph (b) insert—

(ba) a decision of the Department to make a liability order under Article 32M;

.

• (6) In paragraph (2) of that Article, after sub-paragraph (a) insert—

(aa) in relation to sub-paragraph (ba), the person against whom the order is made;

.

• (7) After paragraph (5) of that Article insert—

(5A) An appeal lies by virtue of paragraph (1)(ba) only on the following grounds— (a) that the person has not failed to pay an amount of child support maintenance; (b) that the amount in respect of which the liability order is made exceeds the amount of child support maintenance which the person has failed to pay.

.

• (8) After paragraph (7) of that Article insert

(7A) In deciding an appeal against a decision of the Department to make a liability order, an appeal tribunal shall not question the maintenance calculation by reference to which the liability order was made.

.

• (9) In Article 30 (collection and enforcement of other forms of maintenance), in paragraph (4) for “which it is authorised to collect under this Article” substitute “ for the collection of which it is authorised under this Article to make arrangements ”.

• (10) In Article 32(2)(i) (regulations about deduction from earnings orders), for “the liable person is in the employment” substitute “ any earnings are paid to the liable person by or on behalf ”.

• (11) In Article 32(7) (regulations about appeals), after “include” insert

— (a) provision with respect to the period within which a right of appeal under the regulations may be exercised; (b)

.

• (12) For Article 35 substitute—

(35) Where a liability order has been made against a person— (a) the order shall be enforceable by the Enforcement of Judgments Office on an application to it by the Department; and (b) the Judgments Enforcement (Northern Ireland) Order 1981 shall apply with the necessary modifications in relation to the amount in respect of which the order was made, to the extent that it remains unpaid, as it applies in relation to a sum due under a money judgment (within the meaning of that Order).

.

• (13) For Article 36 substitute—

(36) The Department may by regulations make provision for the enforcement in Northern Ireland of any order made in England and Wales or Scotland under provision corresponding to Article 32M or the repealed Article 33.

.

• (14) At the end of Article 37 (commitment to prison), add—

(12) In this Article and Article 37A (except for the purposes of paragraph (8)(c) of that Article) “the court” means a court of summary jurisdiction.

.

• (15) In Article 37A (disqualification for driving), in paragraph (3)(b), for “Article 36A” substitute “ this Article ”.

• (16) In paragraph (7) of that Article, for “Article 36A” substitute “ this Article ”.

• (17) At the end of that Article, add—

(12) In this Article “driving licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981.

• (18) In Article 46 (unauthorised disclosure of information), in paragraph (1) (offence of unauthorised disclosure), for “this Article” substitute “ this paragraph ”.

• (19) In that Article, after paragraph (1) insert—

(1A) Paragraph (1) applies to employment as— (a) the Chief Child Support Officer; (b) any other child support officer; (c) any clerk to, or other officer of, an appeal tribunal or a child support appeal tribunal; (d) any member of the staff of such a tribunal; (e) a civil servant in connection with the carrying out of any functions under this Order, and to employment of any other kind which is prescribed for the purposes of this Article. (1B) Any person who is, or has been, employed in employment to which this paragraph applies is guilty of an offence if, without lawful authority, he discloses any information which— (a) was acquired by him in the course of that employment; (b) is information which is, or is derived from, information acquired or held for the purposes of this Order; and (c) relates to a particular person. (1C) Paragraph (1B) applies to any employment which— (a) is not employment to which paragraph (1) applies; and (b) is of a kind prescribed for the purposes of this paragraph.

.

• (20) In Article 48 (regulations and orders), in paragraph (2)(a) (regulations subject to confirmatory procedure)—

• (a) after “30(4A),” insert “ 32A to 32C, 32E to 32J, ”;

• (b) after “38B(6),” insert “ 38E(1)(a) ”.

• (21) In that Article, for paragraph (2A) substitute—

(2A) A statutory rule containing (whether alone or with other provisions)— (a) the first regulations under Article 19(2) to make provision of the kind mentioned in Article 19(3)(a) or (b); (b) the first regulations under Article 36F, 36L(4), 36O, 38D(2), 38E(2) or 45A; (c) the first regulations under paragraph 5A(6)(b) of Schedule 1; (d) the first regulations under paragraph 9(1)(ba) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2) of that paragraph; or (e) the first regulations under paragraph 10(1) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2)(a) or (b) of that paragraph shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

.

• (22) After that paragraph insert—

(2B) A statutory rule containing (whether alone or with other provisions) regulations which by virtue of Article 47A are to have effect for a limited period shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

.

• (23) In Article 50(4) (application to Crown), for “a liable person is in the employment” substitute “ any sums which are defined as earnings for the purposes of Articles 31 and 32 are paid to a liable person by or on behalf ”.

• (24) In Schedule 1 (maintenance calculations), in paragraph 5(b) (weekly rate of child support maintenance to be nil if the non-resident parent has a weekly income below £5), for “£5” substitute “ £7 ”.

• (25) In that Schedule, in paragraph 7 (reduction of basic and reduced rates for shared care), for sub-paragraph (1) substitute—

(1) This paragraph applies where the rate of child support maintenance payable is the basic rate or a reduced rate or is determined under paragraph 5A.

.

• (26) In that Schedule, in paragraph 10A(1)(b) (regulations about amounts set out in Schedule 1)—

• (a) after “paragraph” insert “ 2(2), ”;

• (b) after “5,” insert “ 5A(2), ”.

• (27) In that Schedule, in paragraph 10C(1) (references to “qualifying children” to be read as references to those qualifying children with respect to whom the maintenance calculation falls to be made), at end insert “ or with respect to whom a maintenance calculation in respect of the non-resident parent has effect ”.

• (28) In that Schedule for paragraph 14 substitute—

(14) The Department may by regulations provide— (a) for 2 or more applications for maintenance calculations to be treated, in prescribed circumstances, as a single application; and (b) for the replacement, in prescribed circumstances, of a maintenance calculation made on the application of one person by a later maintenance calculation made on the application of that or any other person.

• (29) In the Order as it has effect apart from the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), the following (which relate to Article 9 or 43) are repealed—

• (a) Articles 13(1A) to (1C), 38(4)(c) and (d) and 38A(5)(c) and (d);

• (b) paragraph 16(3) and (5)(b) of Schedule 1;

• (c) in Schedule 4C—

• (i) in paragraphs 1(a) and 2(1)(a), the words “, a reduced benefit direction”;

• (ii) in paragraph 3, in sub-paragraph (1)(b), sub-paragraph (i) and the word “or” at the end of it, and sub-paragraph (3);

• (iii) in paragraphs 4(1)(a)(i) and 6(1)(b)(ii) and (iii), the words “, a reduced benefit direction”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

2

• (1) The Social Administration (Northern Ireland) Act 1992 is amended as follows.

• (2) In section 103 (certain maintenance orders to be enforceable by the Department), for subsection (8) substitute—

(8) In this section “maintenance order” means an order for the making of periodical payments under any statutory provision prescribed for the purposes of this subsection.

.

• (3) In section 115D (supply of information held by Revenue and Customs to the Department or the Secretary of State for use for the purposes of functions relating, inter alia, to child support), for subsection (2) substitute—

(2) Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied— (a) to the Department, or (b) to a person providing services to the Department, for use for the purposes of functions relating to social security, child support or employment or training. (2ZA) Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied— (a) to the Secretary of State, or (b) to a person providing services to the Secretary of State, for use for the purposes of functions relating to social security or employment or training.

.

• (4) In that section, in subsection (2A) (exclusion of power to require supply in case of information for use for the purposes of functions relating to employment or training), after “subsection (2)” insert “ or (2ZA) ”.

• (5) In section 115E (supply to Revenue and Customs of information held by Department or Secretary of State, including information held for the purposes of functions relating to child support), for subsection (1) substitute

(1) This section applies to information which is held for the purposes of functions relating to social security, child support or employment or training— (a) by the Department, or (b) by a person providing services to the Department, in connection with the provision of those services. (1A) This section also applies to information which is held for the purposes of functions relating to social security or employment or training— (a) by the Secretary of State, or (b) by a person providing services to the Secretary of State, in connection with the provision of those services.

.

• (6) In section 116 (supply of information held by tax authorities for fraud prevention and verification), in subsection (3) (prohibition of onward supply by recipient, except in specified circumstances), at the end of paragraph (c) add

or (d) it is supplied under paragraph 1 of Schedule 3 to the Child Maintenance Act (Northern Ireland) 2008.

.

The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

3

In Article 17 of the Deregulation and Contracting Out (Northern Ireland) Order 1996 (social security: amendments following certain orders), at the end of paragraph (2) add “ the Child Maintenance and Other Payments Act 2008 ”.

SCHEDULE 5

Provision of information and guidance

Contracting out

Changes to the calculation of maintenance

Use of deduction from earnings orders as basic method of payment

Recovery of arrears from deceased's estate

General interpretation

Editorial notes

[^c21203271]: S. 7 wholly in operation at 27.10.2008; s. 7 not in operation at Royal Assent see s. 41(1); s. 7(b) in operation at 14.7.2008 by S.R. 2008/291, art. 2(1)(a); s. 7(a) in operation at 14.7.2008 by S.R. 2008/291, art. 2(2)(a) (with art. 2(3)(4)); s. 7(a) in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/399, art. 2(2)(a) (with art. 3(4))

[^c21203351]: S. 12 wholly in operation at 27.10.2008; s. 12 not in operation at Royal Assent see s. 41(1); s. 12 in operation for certain purposes at 29.9.2008 and in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/399, art. 2(1)

[^c21476411]: S. 14 wholly in operation at 3.8.2009; s. 14 not in operation at Royal Assent see s. 41(1); s. 14 in operation for certain purposes at 1.6.2009 and wholly in operation at 3.8.2009 by S.R. 2009/216, art. 2(1)(a)

[^c21476481]: S. 15 wholly in operation at 3.8.2009; s. 15 not in operation at Royal Assent see s. 41(1); s. 15 in operation for certain purposes at 1.6.2009 and wholly in operation at 3.8.2009 by S.R. 2009/216, art. 2(1)(b)

[^c21476491]: S. 22 wholly in operation at 25.1.2010; s. 22 not in operation at Royal Assent see s. 41(1); s. 22 in operation for certain purposes at 26.11.2009 and wholly in operation at 25.1.2010 by S.R. 2009/380, art. 2(1)

[^c21205121]: S. 27 wholly in operation at 27.10.2008; s. 27 not in operation at Royal Assent see s. 41(1); s. 27 in operation for certain purposes at 29.9.2008 and in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/399, art. 2(1)

[^c19355121]: S. 37 wholly in operation at 9.7.2008; s. 37(1) in operation at Royal Assent, see s. 41(1); s. 37(2) in operation at 9.7.2008 by S.R. 2008/291, art. 2(5)

[^c21205191]: S. 38 partly in operation; s. 38 not in operation at Royal Assent see s. 41(1); s. 38(2) in operation at 9.7.2008 by S.R. 2008/291, art. 2(5); s. 38(1) in operation for certain purposes at 27.10.2008 by S.R. 2008/399, art. 2(2)(b); s. 38(1) in operation for certain purposes at 1.11.2008 by S.R. 2008/419, art. 3(b); s. 38(1) in operation for certain purposes at 1.6.2009 and 3.8.2009 by S.R. 2009/216, art. 2(1)(c)(2)(a)

[^c21205251]: S. 39 partly in operation; s. 39 not in operation at Royal Assent see s. 41(1); s. 39 in operation for certain purposes at 27.10.2008 by S.R. 2008/399, art. 2(2)(b); s. 39 in operation for certain purposes at 1.11.2008 by S.R. 2008/419, art. 3(b); s. 39 in operation for certain purposes at 1.6.2009 by S.R. 2009/216, art. 2(2)(a)

[^c19355131]: S. 40 wholly in operation at 9.7.2008; s. 40(6) in operation at Royal Assent, see s. 41(1); s. 40(1)-(5) in operation at 9.7.2008 by S.R. 2008/291, art. 2(5)

[^c21201161]: S. 41(1) power partly exercised: 9.7.2008 and 14.7.2008 appointed for specified provisions by S.R. 2008/291, art. 2; 5.8.2008 appointed for specified provisions by S.R. 2008/331, art. 2; 29.9.2008 and 27.10.2008 appointed for specified provisions by S.R. 2008/399, art. 2 (with transitional and savings provisions in art. 3); 27.10.2008 and 1.11.2008 appointed for specified provisions by S.R. 2008/419, arts. 2, 3; 5.12.2008 appointed for specified provisions by S.R. 2008/489, art. 2; 1.6.2009 and 3.8.2009 appointed for specified provisions by S.R. 2009/216, art. 2; 26.11.2009 and 25.1.2010 appointed for specified provisions by S.R. 2009/380, art. 2; 20.12.2010 appointed for specified provision by S.R. 2010/416, art. 2

[^c21205601]: Sch. 4 para. 1 partly in operation; Sch. 4 para. 1 not in operation at Royal Assent see s. 41(1); Sch. 4 para. 1(29) in operation for certain purposes at 14.7.2008 by S.R. 2008/291, art. 2(2)(b) (with art. 2(3)(4)) and wholly in operation at 27.10.2008 by S.R. 2008/419, art. 2; Sch. 4 para. 1(18)(19) in operation at 1.11.2008 by S.R. 2008/419, art. 3(c); Sch. 4 para. 1(20)(a) in operation for certain purposes at 1.6.2009 and wholly in operation at 3.8.2009 by S.R. 2009/216, art. 2(1)(d); Sch. 4 para. 1(3)(9)(11)(28) in operation at 1.6.2009 by S.R. 2009/216, art. 2(2)(b)(i); Sch. 4 para. 1(2)(a) in operation for certain purposes at 1.6.2009 by S.R. 2009/216, art. 2(2)(b)(ii)

[^c21205621]: Sch. 4 para. 2 wholly in operation at 1.6.2009; Sch. 4 para. 2 not in operation at Royal Assent see s. 41(1); Sch. 4 para. 2(1)(2) in operation at 27.10.2008 by S.R. 2008/399, art. 2(2)(c); Sch. 4 para. 2(3)-(6) in operation at 1.6.2009 by S.R. 2009/216, art. 2(2)(b)(i)

[^c21205631]: Sch. 5 partly in operation; Sch. 5 not in operation at Royal Assent see s. 41(1); Sch. 5 in operation for specified purposes at 14.7.2008 by S.R. 2008/291, art. 2(1)(c)(2)(c) (with art. 2(3)(4)); Sch. 5 in operation for specified purposes at 5.8.2008 by S.R. 2008/331, art. 2(b); Sch. 5 in operation for specified purposes at 27.10.2008 by S.R. 2008/399, art. 2(2)(d) (with transitional and savings provisions in art. 3 in relation to the repeal of the entries for Article 7 of the 1991 Order); Sch. 5 in operation for specified purposes at 1.11.2008 by S.R. 2008/419, art. 3(d); Sch. 5 in operation for specified purposes at 1.6.2009 by S.R. 2009/216, art. 2(2)(c)

[^key-57ff6e6ca12fb18d36fb31374bda958b]: S. 8 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(d)

[^key-b9b5097ed93963802d74f1d18bb83dd7]: S. 9 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(a)

[^key-b9daaa1509fde3bbca4db368424c3915]: S. 23 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(b)

[^key-dc3a7aa882b320940034b0a43b3d5c64]: S. 24 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(b)

[^key-18d148a8fbcda20a6f86cc8d59efa379]: S. 26 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(c)

[^key-a1fc520a8d1f6aea93ece6aa5d9d79e9]: S. 28 in operation at 3.12.2012 by S.R. 2012/423, art. 2(1)(a)

[^key-f74fec13a5bc1f977ab07ceb735bd167]: S. 32 in operation at 3.12.2012 by S.R. 2012/423, art. 2(1)(b)

[^key-1c33410ebe017f1998c7e3176f0a9a72]: S. 38(1) in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(1)(c)

[^key-2c3432cba200fa5a98b5d925307991de]: S. 39 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(e)

[^key-81a006d4264cf0144a8628e5f43abc55]: Sch. 1 para. 1 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(d)

[^key-7dd0147b93c7c9b0d4cca2b1f934c157]: Sch. 1 para. 2 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(d)

[^key-3a7919c13e51b103e9983ddf639785b8]: Sch. 1 para. 5(2) in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(d)

[^key-da9b9b36d35424e5b5cd1558e8332476]: Sch. 1 para. 7 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(d)

[^key-5a0b4c40cfbd67f3808fa48f64d06e87]: Sch. 1 para. 8 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(d)

[^key-84fea300da0118e5e79b9346c23e68be]: Sch. 1 para. 9 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(d)

[^key-d21b23a8d230ba7c2ccde125507c5d80]: Sch. 4 para. 1(1) in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(1)(c)

[^key-b7a5dd229e6fcada68630557edd571be]: Sch. 4 para. 1(20)(b)(21)(22)(26)(27) in operation at 3.12.2012 by S.R. 2012/423, art. 2(1)(c)

[^key-ffbf39da2796c1e344932a1172431576]: Sch. 5 in operation at 3.12.2012 for specified purposes by S.R. 2012/423, art. 2(2)(e)

[^key-f69abe91eeaf83d71f7cbfe17a9cab0e]: S. 9 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-0dd497d02071915496d765997aa0eb68]: S. 10 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-452973fa1211b7c4928e7b1ffd9ace5c]: S. 8 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-664574dcaae19bb3b52cec4912fb2269]: Sch. 1 para. 1 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-b5983816af0e49819093df3e3a75bc3a]: Sch. 1 para. 2 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-47b03c05143fd3dfdea39ba1093b8918]: Sch. 1 para. 3 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-e46f05fce0ad5ca74fb13cb4f2899c4f]: Sch. 1 para. 5 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-d4c2c5aecb3840cd1667015ca7c3e056]: Sch. 1 para. 6 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-10b104266c67ea54ec03afd18506bcba]: Sch. 1 para. 7 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-d6e969cbe7e38fe06ea1d13c0be5de9d]: Sch. 1 para. 8 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-072a526ef8e0da84f7e165593ba3afa0]: Sch. 1 para. 9 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-4ce73f782be2573d9704d161e59a0de7]: Sch. 1 para. 10 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-f95b85bdf908f1a9ff4749d67362be79]: S. 38(1) in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(c), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-16c6b571d093375c288eff6743cc031a]: S. 39 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(d), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-85640748faa3ed56b8f0fbfaa8c059d7]: Sch. 5 in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(d)(i)(ii), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-29314d3cdb8ffe878619c853cb85323f]: S. 23 in operation at 10.12.2012 in so far as not already in operation by S.R. 2012/440, art. 2(2)(a) (with art. 4)

[^key-062df6a2c60f55f21c80d61b9b519f5d]: S. 24 in operation at 10.12.2012 in so far as not already in operation by S.R. 2012/440, art. 2(2)(a) (with art. 4)

[^key-f0764e67746bdc0689b81480f5ef1a16]: S. 26 in operation at 10.12.2012 in so far as not already in operation by S.R. 2012/440, art. 2(2)(b) (with art. 4)

[^key-ae42d44fce74fb8bc5f641a9332a7a69]: Sch. 4 para. 1(1) in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(c), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-ca3a6da3c04f155587d43ab6e68bf3fc]: Sch. 4 para. 1(4) in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(c), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-a6aafe1384b9c537a9005cdcf23711b6]: Sch. 4 para. 1(25) in operation at 10.12.2012 for specified purposes by S.R. 2012/440, arts. 2(1)(c), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 4)

[^key-415c9414cdafece1c80a8c862c90dca2]: S. 9 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-1b9c8a6301ad7fd8a86a972e060d3447]: S. 10 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(a), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-7cec70b7017c8ef338c1f9b4b90bf79d]: S. 8 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-4977902502564f72b16ab0e7326545f7]: Sch. 1 para. 1 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-b9ff026c15b12f480dbd390201727017]: Sch. 1 para. 2 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-470fab334a7f3a9cda5a4155ea5b107d]: Sch. 1 para. 3 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-f2f298208c7af2ea6bbd132bdde4d59d]: Sch. 1 para. 5 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-d1f8d7c6aa74dc4e0dc2fc4a5dbb1f7b]: Sch. 1 para. 6 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-9aa34a5b0fb0a4da8bb696d8a80b061e]: Sch. 1 para. 7 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)

[^key-15d0f5c6864abaa4fd2b506c3eedca44]: Sch. 1 para. 8 in operation at 29.7.2013 for specified purposes by S.R. 2013/201, arts. 2(1)(b), 3 (with art. 4) (as modified (30.6.2014) by S.R. 2014/194, art. 5)