2019 No. 125
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019
Made
Coming into operation in accordance with regulation 1
The Department for Communities makes the following Regulations in exercise of the powers conferred by Articles 16(1), 38E, 40, 47(1) and 48(4) of, and paragraph 10 of Schedule 1 to, the Child Support (Northern Ireland) Order 1991 F1, sections 5(1)(q) and 165(1) and (4) to (6) of the Social Security Administration (Northern Ireland) Act 1992 F2 and section 3(1) and (2) of the Child Maintenance Act (Northern Ireland) 2008 F3, and now vested in it F4.
2008 c. 10. Section 3(2) was amended by Article 130 of the Welfare Reform (Northern Ireland) Order 2015 (N.I. 1)
See Article 8(b) of S.R. 1999 No. 481 and Section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))
PART 1INTRODUCTION
Citation and commencement1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 and subject to paragraph (2) shall come into operation on 05th July 2019.
2
Regulation 5 shall come into operation on 24th July 2019.
PART 2AMENDMENTS RELATING TO DEDUCTIONS FROM BENEFITS
Amendment of the Social Security (Claims and Payments) Regulations2
1
The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 F5 are amended as follows.
2
In Schedule 8A (deductions from benefits and direct payments to third parties), omit paragraphs 7A (payments in place of payments of child support maintenance) and 7B (arrears of child support maintenance).
3
In Schedule 8C (deductions from benefit in respect of child support maintenance and payment to persons with care)—
a
In paragraph 1 (interpretation), in the definition of “maintenance”, for “paragraph 3” substitute “
paragraph 3(1)
”
.
b
In paragraph 3 (arrears)—
i
in sub-paragraph (1)—
aa
omit the words from “Except where” to “his partner”;
bb
for “£1.20” substitute “
£8.40
”
;
cc
omit “, subject to sub-paragraph (2),”;
ii
after sub-paragraph (1), insert—
1A
No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.
iii
omit sub-paragraph (2).
Amendment of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations3
1
The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 F6 are amended as follows.
2
In Schedule 5 (deductions from benefit and direct payment to third parties), omit paragraph 11.
3
In Schedule 6 (deductions from benefit in respect of child support maintenance and payments to persons with care)—
a
In paragraph 1, in the definition of “maintenance”—
i
for “paragraph 3” substitute “
paragraph 3(1)
”
;
ii
for “paragraph 4(1)(b)” substitute “
paragraph 4(1)(a), (b)
”
.
b
In paragraph 3—
i
in sub-paragraph (1)—
aa
omit “Except where universal credit is awarded to the beneficiary,”;
bb
for “£1.20” substitute “
£8.40
”
;
cc
omit “, subject to sub-paragraph (2),”;
dd
for “or jobseeker's allowance” substitute “
, jobseeker's allowance or universal credit
”
;
ii
after sub-paragraph (1), insert—
1A
No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.
iii
omit sub-paragraph (2).
PART 3WRITE OFF OF ARREARS OF CHILD MAINTENANCE SUPPORT
Amendment of the Child Support (Management of Payments and Arrears) Regulations4
1
The Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009 F7 are amended as follows.
2
In regulation 13F (circumstances in which the Department may exercise the power in Article 38E of the Order)—
a
omit “or” at the end of paragraph (f);
b
at end of paragraph (g) insert—
: or
h
the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 2016 F8 (protected trust deed: discharge of debtor) from liability for the arrears.
3
In regulation 13G(2), after “13F(g)” insert—
, 13F(h)
PART 4INFORMATION
Amendment of the Child Support Information Regulations5
1
The Child Support Information Regulations (Northern Ireland) 2008 F9 are amended as follows.
2
In regulation 4(2) (information from other persons), after sub-paragraph (k), insert—
PART 5MAINTENANCE CALCULATION
Amendment of the Child Support Maintenance Calculation Regulations6
1
The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 F12 are amended as follows.
2
In regulation 35(2) (historic income) substitute—
2
The amount identified as income for the purposes of paragraph (1)(a) is to be taken after any deduction for relative pension contributions made by the non-resident parent's employer in accordance with net pay arrangements.
PART 6COLLECTION FEE
Amendment of the Child Support Fees Regulations7
1
The Child Support Fees Regulations (Northern Ireland) 2014 F13 are amended as follows.
2
In regulation 3(6) (collection fee), from “the payments” to the end, substitute “
specifies that payments shall be made to, or through, the Department in accordance with regulation 2(b) of the Child Support
(Collection and Enforcement) Regulations (Northern Ireland) 1992 F14.
”
Sealed with the Official Seal of the Department for Communities on 04th July 2019
S.I. 1991/2628 (N.I. 23). Article 16(1) was amended by section 12 and is amended by paragraph 16 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) (“the 2000 Act”) and by Schedule 5 to the Child Maintenance Act (Northern Ireland) 2008 (c. 10 (N.I.)) (“the 2008 Act”). Article 38E was inserted by section 24 of the 2008 Act. Article 40 was substituted by section 20 of the 2000 Act