The Child Support (Great Britain Reciprocal Arrangements) (Amendment) Regulations (Northern Ireland) 2014

Made

Coming into operation: 30th June 2014

The Department for Social Development, being the Department having responsibility for social security, makes the following Regulations in exercise of the powers conferred by section 87(5) and (10) of the Northern Ireland Act 1998[^f00001].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Child Support (Great Britain Reciprocal Arrangements) (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 30th June 2014.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00002] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Child Support (Great Britain Reciprocal Arrangements) Regulations

2

• (1) The Child Support (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland) 1993[^f00003] are amended as follows.

• (2) In regulation 2(1)[^f00004] for “and 1C” substitute “, 1C and 1D”.

• (3) After Schedule 1C[^f00005] (exchange of letters) insert Schedule 1D as set out in the Schedule to these Regulations.

SCHEDULE — SCHEDULE TO BE INSERTED INTO THE CHILD SUPPORT (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) REGULATIONS (NORTHERN IRELAND) 1993

Signed

Sealed with the Official Seal of the Department for Social Development on 9th June 2014

Anne McCleary — A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations give effect in Northern Ireland to amendments made to reciprocal arrangements relating to matters for which provision is made by the Child Support (Northern Ireland) Order 1991 and, in Great Britain, by the Child Support Act 1991.

These amendments make provision so that, where the 2012 calculation rules apply to a child support case, the case will be dealt with in and under the provision of the territory in which the applicant resides until certain requirements are met. In all cases, the requirements are that: the application is taken to have been made; the address of the non-resident parent in relation to that application has been ascertained and verified; and, where the applicant resides in Great Britain, any application fee must have been paid or waived. An additional requirement must be satisfied in two scenarios. Firstly, where there is an existing case (that is a 1993 or 2003 scheme case) linked to the new application, any liability end date must have passed (that is, the date determined as the date beyond which no further liability accrues in relation to the existing case in accordance with regulations made in the relevant territory). Secondly, where the application is a choice to remain in the statutory scheme, made following the parties in an existing case being required to choose whether or not to remain in the statutory scheme, the liability end date must have passed. Where these requirements are met and the non-resident parent resides in a different jurisdiction from the applicant, the case will be transferred to the territory in which the non-resident parent resides and the provisions applying in that territory will apply.

The amendments, contained in an Exchange of Letters between the Minister of State for Work and Pensions and the Minister for Social Development, are set out in the Schedule to the Regulations.

Footnotes

[^f00001]: 1998 c. 47

[^f00002]: 1954 c. 33 (N.I.)

[^f00003]: S.R. 1993 No. 117; relevant amending regulations are S.R. 1995 No. 475, S.R. 2002 No. 121 and S.R. 2012 No. 374

[^f00004]: Regulation 2(1) was amended by regulation 8(2) of S.R. 1995 No. 475, regulation 2(2)(a) of S.R. 2002 No. 121 and regulation 2(2) of S.R 2012 No. 374

[^f00005]: Schedule 1C was inserted by regulation 2(3) of S.R. 2012 No. 374

[^f00006]: S.I. 2012/2677

[^f00007]: S.I. 2014/612

[^f00008]: S.R. 2012 No. 427

[^f00009]: Schedule 5 was amended by section 136 of the Welfare Reform Act 2012

[^f00010]: 2008 c. 10 (N.I.)

[^f00011]: The substitution of Part 1 of Schedule 1 to the Act by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c.19) was partially commenced for the types of cases specified in article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No.12) Order 2003 (S.I. 2003/192)

[^f00012]: The substitution of Part 1 of Schedule 1 to the Order by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4 (N.I.)) was partially commenced for the types of cases specified in Article 3 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No.9) Order (Northern Ireland) 2003 (S.R. 2003 No. 53)

[^f00013]: 2008 c. 6

[^f00014]: S.I. 2012/2677

[^f00015]: S.I. 2014/612

[^f00016]: S.R. 2012 No. 427

[^f00017]: Schedule 5 was amended by section 136 of the Welfare Reform Act 2012

[^f00018]: 2008 c. 10 (N.I.)

[^f00019]: The substitution of Part 1 of Schedule 1 to the Act by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c.19) was partially commenced for the types of cases specified in article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No.12) Order 2003 (S.I. 2003/192)

[^f00020]: The substitution of Part 1 of Schedule 1 to the Order by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4 (N.I.)) was partially commenced for the types of cases specified in Article 3 of the Child Support, Pensions and Social Security (2000 Act) (Commencement No.9) Order (Northern Ireland) 2003 (S.R. 2003 No. 53)

[^f00021]: 2008 c. 6