Family Law Citation and commencement 1 1 These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2013. 2 This regulation and regulations 2, 3, 5 to 7, 8(4), (5), (7) and 9 come into operation on 30th September 2013. 3 Regulation 4 comes into operation in relation to a case to which the new calculation rules apply on 30th September 2013. 4 Regulation 8(1) to (3) and (6) comes into operation in relation to a case to which the new calculation rules apply on the day on which paragraph 2 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008 (calculation by reference to gross weekly income) comes into operation for all purposes. 5 In this regulation, “a case to which the new calculation rules apply” means a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support (Northern Ireland) Order 1991 as amended by paragraph 2 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008. Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 2 1 The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 are amended as follows. 2 In Schedule 1 (meaning of “child” for the purposes of the Order)— a for the heading to paragraph 1 substitute— Conditions prescribed for the purposes of Article 3(1) ; and b after paragraph 7 (education otherwise than at a recognised educational establishment) add— Person in respect of whom child benefit is payable 8 For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made. 3 After paragraph 2(11) of Schedule 2 (multiple applications), add— 12 For the purposes of sub-paragraph (9)(c), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child. . Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 3 In regulation 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 (citation, commencement and interpretation), after paragraph (2A) insert— 2B For the purposes of these Regulations, where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made— a that person is to be treated as being in receipt of child benefit; and b the amount of child benefit that would be otherwise paid in respect of the relevant child is to be treated as being in payment. . Amendment of the Child Support (Collection and Enforcement) Regulations 4 1 The Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 are amended as follows. 2 In regulation 25A(1) (interpretation of Parts IIIA to IIID)— a after the definition of “attachment of debts order” insert— “current income” has the meaning given in regulation 36 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 ; ; b after the definition of “deduction period” insert— “gross weekly income” means income calculated under Chapter 1 of Part 4 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012; ; c omit the definition of “net weekly income”. 3 In regulation 25A omit paragraph (6)(b). 4 In regulation 25C(1)(a) (maximum deduction rate), omit “in respect of that period”. 5 In regulation 25G(2)(d) (review of a regular deduction order), for “gross weekly” substitute “current”. Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 5 After regulation 18(8)(b) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 (costs incurred in supporting certain children), add— c where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made, the amount of child benefit that would be otherwise paid in respect of the relevant child is to be treated as being payable. Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 6 1 The Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001 are amended as follows. 2 In Schedule 1(meaning of “child” for the purposes of the Order)— a for the heading to paragraph 1 substitute— Conditions prescribed for the purposes of Article 3(1) ; and b after paragraph 7 (education otherwise than at a recognised educational establishment) add— Person in respect of whom child benefit is payable 8 For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made. 3 After paragraph 2(11) of Schedule 2 (multiple applications), add— 12 For the purposes of sub-paragraph (8), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child. . 4 After paragraph 2(11) of Schedule 3 (multiple applications – transitional provisions), add— 12 For the purposes of sub-paragraph (8), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child. . Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 7 1 The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 are amended as follows. 2 For regulation 1(3) (citation, commencement and interpretation) substitute— 3 For the purposes of paragraph 10C(2)(b) of Schedule 1 to the Order (which provides for other descriptions of relevant children to be prescribed) “relevant other children” includes a child, other than a qualifying child, in respect of whom the non-resident parent or the non-resident parent’s partner— a would receive child benefit under Part IX of the Contributions and Benefits Act, but in respect of whom they do not do so, solely because the conditions set out in section 142 of that Act are not met; or b has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made. . 3 In regulation 8(3) (persons treated as non-resident parents), the words from ““child benefit”” to the end become sub-paragraph (a), and after that sub-paragraph add— ; and b where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made, that person is to be treated as being in receipt of child benefit. . Amendment of the Child Support Maintenance Calculation Regulations 8 1 The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 are amended as follows. 2 In regulation 33 (the general rule for determining gross weekly income)— a in paragraph (2)— i in sub-paragraph (b) omit “the amount of historic income is nil or”; ii after sub-paragraph (b), add— ; or c the Department is unable, for whatever reason, to request or obtain the information from HMRC. ; b after paragraph (2), insert— 2A For the purposes of paragraph (2)(a), current income is treated as differing from historic income by an amount that is at least 25 per cent. of historic income where a the amount of historic income is nil; and b the amount of current income is greater than nil. . 3 In regulation 41(1)(a) (estimate of current income where insufficient information available)— a after “by virtue of” insert “regulation 33(2)(a) where the amount of historic income is nil or by virtue of”; and b after “33(2)(b)” insert “or (c)”. 4 After regulation 49(3) (parent treated as a non-resident parent in shared cases), add— 4 For the purposes of paragraph (3), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made, that person is to be treated as receiving child benefit. . 5 In regulation 53 (care provided for relevant other child by an authority), the existing provision becomes paragraph (1), and after that paragraph add— 2 For the purposes of paragraph (1), where a person has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made, that person is to be treated as receiving child benefit. . 6 In regulation 74(2) (situations in which a variation previously agreed to may be taken into account in calculating maintenance liability) omit from “and the Department is satisfied” to “ceased to have effect,”. 7 In regulation 76 (relevant other child outside Northern Ireland), for the heading substitute “Meaning of “relevant other child” for the purposes of the Child Support Order”, and the words from “would receive” to the end become paragraph (a), and after that paragraph add— ; or b has made an election under section 11A(1) of the Social Security Administration (Northern Ireland) Act 1992 for payments of child benefit not to be made. . Amendment of the Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations 9 In regulation 1(2) of the Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (citation, commencement and interpretation), for the definition of “arrears of child maintenance” substitute— “arrears of child support maintenance” means any payment of child support maintenance— which has become due in relation to a maintenance assessment, or a maintenance calculation made under 2003 scheme rules, and not paid; and in respect of which the Department is arranging collection under Article 29 of the Child Support (Northern Ireland) Order 1991; . Sealed with the Official Seal of the Department for Social Development on 3rd July 2013 (L.S.) Anne McCleary A senior officer of the Department for Social Development