The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2001

Made: 23rd January 2001

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Articles 18(1), (4) and (6), 19(3) and (5), 28G(2), 47 and 48(4) of the Child Support (Northern Ireland) Order 1991[^f00001], and now vested in it[^f00002], and section 28(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00003] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

• (1) These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2001 and, subject to paragraph (2), shall come into operation in relation to a particular case on the dates on which sections 8, 9 and 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 come into operation in relation to that type of case.

• (2) For the purposes of any revision, supersession or appeal in relation to a decision which is made in accordance with regulation 3 of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001[^f00004], these Regulations shall come into operation on the day on which section 28 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 comes fully into operation.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

2

• (1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00005] shall be amended in accordance with paragraphs (2) to (12).

• (2) In regulation 1(2) (interpretation)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in the definition of “party to the proceedings” in paragraph (b) for “Article 22(1) to (3) of the Child Support Order (including that Article as extended by paragraph 3 of Schedule 4C to that Order)” there shall be substituted “Article 22 of the Child Support Order”;

• (d) in the definition of “referral” for “departure direction” there shall be substituted “variation”;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) after the definition of “the Transfer of Functions Order”[^f00011] there shall be added the following definitions—

• ...
• “voluntary payment” has the same meaning as in Article 28J of the Child Support Order[^f00013] and Regulations made under that Article.

• (3) In regulation 2 (service of notices or documents) after “of the Order” there shall be inserted “, of the Child Support Order”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In regulation 30 (appeals against decisions which have been revised)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph (1)—

• (i) for “is revised under Article 18 of the Child Support Order” there shall be substituted “is treated as replaced by a decision under Article 13 of the Child Support Order by Article 28F(5) of that Order, or is revised under Article 18 of that Order”,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in paragraph (3)—

• (i) for “revised under Article 18 of the Child Support Order” there shall be substituted “replaced under Article 28F(5) of the Child Support Order or revised under Article 18 of that Order”,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) For regulation 45 (consideration of more than one appeal under Article 22 of the Child Support Order) there shall be substituted the following regulation—

(45) (1) On a referral under Article 28D(1)(b) of the Child Support Order[^f00022] an appeal tribunal may— (a) consider together two or more applications for a variation with respect to the same application for a maintenance calculation; or (b) consider together two or more applications for a variation with respect to the same maintenance calculation. (2) In paragraph (1) “maintenance calculation” means a decision under Article 13 or 19 of the Child Support Order, as calculated in accordance with Part I of Schedule 1 to that Order, whether as originally made or as revised under Article 18 of that Order.

Savings

3

• (1) Where on the commencement date—

• (a) an appeal has not been decided;

• (b) the time limit for bringing an appeal has not expired;

• (c) the time limit for making an application for the revision of a decision has not expired; or

• (d) an application for a supersession of a decision has not been decided,

regulations 10(2) and (3) and 11 to 17 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 shall continue to apply for the purposes of—

• (i) the decision of the appeal tribunal referred to in sub-paragraph (a),

• (ii) the ability to bring the appeal referred to in sub-paragraph (b) and the decision of the appeal tribunal following the bringing of that appeal,

• (iii) the ability to apply for the revision referred to in sub-paragraph (c) and the decision whether to revise following any such application, or

• (iv) the decision whether to supersede following the application referred to in sub-paragraph (d),

as if these Regulations had not been made.

• (2) Where—

• (a) before the commencement date—

• (i) an application was made and not determined for a departure direction or a revision or supersession of a decision in respect of a departure direction,

• (ii) the Department had initiated but not completed a revision or supersession of a decision in respect of a departure direction, or

• (iii) an appeal was made in respect of a departure direction decision which, on the commencement date, had not been decided; or

• (b) on the commencement date any time limit provided for in Regulations for making an application for a departure direction or revision, or for making an appeal in respect of a departure direction decision, had not expired,

regulation 45 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 shall continue to apply for the purposes of an appeal—

• (i) made in consequence of the decision on the application, revision or supersession referred to in sub-paragraph (a)(i),

• (ii) made in consequence of the revision or supersession referred to in sub-paragraph (a)(ii),

• (iii) referred to in sub-paragraph (a)(iii), or

• (iv) made within the time limit referred to in sub-paragraph (b) or made in consequence of a decision made on an application for a departure direction or revision made within the time limit referred to in that paragraph,

as if these Regulations had not been made.

• (3) In this regulation—

• “commencement date” means, with respect to a particular case, the date on which these Regulations come into operation with respect to that type of case;

• “maintenance assessment” has the meaning given in the Child Support Order before its amendment by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

Revocations

4

The following provisions are hereby revoked—

• (a) regulation 10(2) and (3) and Part IV of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992[^f00023];

• (b) regulation 3(4) of the Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995[^f00024]; and

• (c) Article 10(4)(c) and (d), (5) and (6) of the Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999[^f00025].

Signed

Sealed with the Official Seal of the Department for Social Development on 23rd January 2001.

John O'Neill — Senior Officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the principal Regulations”) to provide for the decision-making process under the Child Support (Northern Ireland) Order 1991 (“the Child Support Order”) consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the Act”).

Regulation 2 inserts regulations into the principal Regulations making provision for—

• the revision of child support decisions and the date from which such decisions take effect (paragraphs (4) and (6));

• the supersession of child support decisions, the date from which such decisions take effect and related procedural rules (paragraphs (7) and (8));

• the Department to request further information or evidence and invite representations where it has to make a decision which is connected to a previously determined variation and the notification following decisions made by it (paragraph (9));

• the extension of appeal rights to decisions adjusting amounts payable under maintenance calculations (paragraph (11));

• the procedure where the Department has referred an application for a variation to an appeal tribunal under section 28D(1)(b) of the Child Support Order (paragraph (12)),

• and makes consequential amendments.

Regulation 3 provides for regulations 10(2) and (3) and 11 to 17 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 and regulation 45 of the principal Regulations to continue to apply in certain circumstances.

Regulation 4 provides for the revocation of regulation 10(2) and (3) and Part IV of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 and makes consequential revocations.

Article 28G of the Child Support Order, one of the enabling provisions under which these Regulations are made, was substituted by section 7 of the Act. That section was brought into operation for the purpose of making regulations on 22nd November 2000 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 ([S.R. 2000 No. 358 (C. 16)](https://www.legislation.gov.uk/nisr/2000/358)).

These Regulations do not impose a charge on business.

Footnotes

[^f00001]: S.I. 1991/2628 (N.I. 23); Articles 18 and 19 were substituted respectively by Articles 40 and 41 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and Article 19 was amended by section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); Article 28G was substituted by section 7 of that Act and Article 48 was amended by paragraph 13 of Schedule 3 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

[^f00002]: See Article 8(b) of S.R. 1999 No. 481

[^f00003]: 2000 c. 4 (N.I.)

[^f00004]: S.R. 2001 No. 19

[^f00005]: S.R. 1999 No. 162; relevant amending regulations are S.R. 1999 Nos. 267 and 272 and S.R. 2000 No. 215

[^f00011]: The definition of “the Transfer of Functions Order” was added by regulation 2(2) of S.R. 1999 No. 272

[^f00013]: Article 28J was inserted by section 19(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

[^f00022]: Article 28D(1) was substituted by section 5(3)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

[^f00023]: S.R. 1992 No. 342; relevant amending rules are S.R. 1995 No. 162 and S.R. 1999 No. 246 (C. 20)

[^f00024]: S.R. 1995 No. 162

[^f00025]: S.R. 1999 No. 246 (C. 20)

Editorial notes

[^key-4bc269742245ee16c7ac1bed8967d80c]: Reg. 1 in operation at 23.1.2001 with effect in accordance with reg. 1

[^key-3b9114895897e5248b46808191c7ab37]: Reg. 2 in operation at 23.1.2001 with effect in accordance with reg. 1

[^key-418a019878535dd21f34a12e3485888d]: Reg. 4 in operation at 23.1.2001 with effect in accordance with reg. 1

[^key-a1d582d40aab82725f0ee72ba51312b8]: Reg. 3 in operation at 23.1.2001 with effect in accordance with reg. 1

[^key-6a8545e9c880883753744dcee6840d23]: Reg. 2(11) revoked (25.1.2010) by The Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009 (S.R. 2009/422), reg. 1, Sch.

[^key-371daede2b35d7f57aae2a7c7372846b]: Reg. 2(2)(a)(b) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

[^key-bc57aa19662fcf5fc0aca572da6214e3]: Reg. 2(2)(e) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

[^key-434a80dc916623ffe9ff6acd109995cf]: Words in reg. 2(2)(f) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

[^key-b84e0c26addeed01bd50a7164880e491]: Reg. 2(4)-(9) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

[^key-6a62e0699d87a09faca2e110c8c25179]: Reg. 2(10)(a) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

[^key-42165b984ec62097ec11c12fa5259426]: Reg. 2(10)(b)(ii)(iii) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

[^key-3f54a1c1f9dfff277abcde6492f6ab37]: Reg. 2(10)(c)(ii)(iii) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)

[^key-4a5f7c020392e603858596dabcb01363]: Reg. 2(10)(d)(e) revoked (coming into operation in accordance with reg. 1(1)(c)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)(b)