The Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Made: 28th May 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) and (4) of the Social Security (Northern Ireland) Order 1998[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999.

• (2) In this Order “the Order” means the Social Security (Northern Ireland) Order 1998.

Appointed day

2

In so far as they are not already in operation, the day appointed for the coming into operation of the provisions of the Order specified in Schedule 1 is 1st June 1999.

Commencement

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• (1) Subject to paragraphs (2) and (3), this Article and Articles 4 to 25 and 26(2) shall come into operation on 1st June 1999.

• (2) Article 9(9)(c) and (f) shall come into operation on 4th October 1999.

• (3) Article 7(7)(b) shall come into operation on 29th November 1999.

• (4) Any provision of this Order which is due to come into operation on the same day as a provision of the Regulations set out in paragraph (5) shall come into operation immediately after that provision.

• (5) The provisions referred to in paragraph (4) are—

• (a) regulation 4(5)(a) and (d) of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1999[^f00002]; and

• (b) regulation 2(9)(c)(i), (12), (18) and (22) of the Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999[^f00003].

CONSEQUENTIAL AMENDMENTS

Amendment of the Family Credit (General) Regulations

4

In regulation 51A of the Family Credit (General) Regulations (Northern Ireland) 1987[^f00004] (reduced benefit direction)—

• (a) in paragraph (1)(a) “given by a child support officer” shall be omitted; and

• (b) paragraph (2)(a) shall be omitted.

Amendment of the Social Security (Claims and Payments) Regulations

5

In paragraph 7A(1) of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00005] (payments in place of payments of child support maintenance) for “a child support officer (within the meaning of Article 15 of the Child Support (Northern Ireland) Order 1991)” there shall be substituted “the Department”.

Amendment of the Disability Working Allowance (General) Regulations

6

In regulation 56A of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992[^f00006] (reduced benefit direction)—

• (a) in paragraph (1)(a) “given by a child support officer” shall be omitted; and

• (b) paragraph (2)(a) shall be omitted.

Amendment of the Child Support (Information, Evidence and Disclosure) Regulations

7

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Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

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Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

9

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Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations

10

• (1) The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992[^f00036] shall be amended in accordance with paragraphs (2) to (6).

• (2) In regulation 3 (liability to make payments of interest with respect to arrears)—

• (a) in paragraph (4) for “following a review under Article 18, 19, 20 or 21 of the Order or” there shall be substituted “by virtue of a revision under Article 18 of the Order, a decision under Article 19 of the Order superseding an earlier decision or of”;

• (b) in paragraph (5) for “following a review under Article 18, 19, 20 or 21 of the Order or” there shall be substituted “made by virtue of a revision under Article 18 of the Order, a decision under Article 19 of the Order superseding an earlier decision or of”; and

• (c) in paragraph (6) for “the review under Article 18, 19, 20 or 21 of the Order or an appeal under Article 22 of the Order results in” there shall be substituted “by virtue of a revision under Article 18 of the Order, a decision under Article 19 of the Order superseding an earlier decision or of an appeal under Article 22 of the Order there is”.

• (3) In regulation 4(2)(b) (circumstances in which no liability to pay interest arises) “or a child support officer” shall be omitted.

• (4) In regulation 10[^f00037] (adjustment of the amount payable under a maintenance assessment)—

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

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Amendment of the Child Support (Collection and Enforcement) Regulations

11

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Amendment of the Child Support (1991 Order) (Commencement No. 3 and Transitional Provisions) Order

12

In Part II of the Schedule to the Child Support (1991 Order) (Commencement No. 3 and Transitional Provisions) Order (Northern Ireland) 1992[^f00043] (modification of maintenance assessment in certain cases)—

• (a) in paragraph 5 in the definition of “formula amount” and in paragraph 7 for “consequent on a review under Article 19, 20 or 21 of the Order” there shall be substituted “by virtue of a revision under Article 18 of the Order or a decision under Article 19 of the Order superseding an earlier decision”;

• (b) in paragraph 9 for “a child support officer” there shall be substituted “the Department”; and

• (c) in paragraph 11—

• (i) in sub-paragraph (1) for “there is a review of a previous assessment under Article 19 of the Order (reviews on change of circumstances)” there shall be substituted “a decision is made under Article 19 of the Order which supersedes an earlier decision on the ground that there has been a material change of circumstances since the decision took effect”,

• (ii) in sub-paragraph (2) for “the child support officer determines that, were a fresh assessment to be made as a result of the review” there shall be substituted “the Department determines that, were a fresh assessment to be made by virtue of a decision under Article 19 of the Order superseding an earlier decision”, and

• (iii) in sub-paragraph (3) for “The child support officer” there shall be substituted “The Department” and for “19 to 21” there shall be substituted “20 and 21”.

Amendment of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations

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• (1) The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992[^f00044] shall be amended in accordance with paragraphs (2) to (5).

• (2) In regulation 4(3) (relationship between maintenance assessments and certain agreements) for “a child support officer” there shall be substituted “the Department”.

• (3) In regulation 5 (notifications by child support officers)—

• (a) in the heading for “by child support officers” there shall be substituted “by the Department”; and

• (b) in paragraph (1) for “a child support officer” there shall be substituted “the Department” and for “he” there shall be substituted “it”.

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

• (5) In regulation 8(1)(c) (maintenance assessments and maintenance orders made in error) for “the child support officer” there shall be substituted “the Department”.

Amendment of the Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations

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• (1) The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations (Northern Ireland) 1994[^f00045] shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 6 (interpretation)—

• (a) in paragraph (1) in the definition of “transitional period” in paragraph (a) for “is reviewed” there shall be substituted “was reviewed or, as the case may be, a decision is made superseding an earlier decision,”; and

• (b) in paragraph (2) for “the child support officer” there shall be substituted “the Department”.

• (3) In regulation 9 (procedure)—

• (a) in paragraph (1) at the end there shall be added “before 1st June 1999 or an application on or after that date for a decision under Article 19 of the Order superseding an earlier decision”; and

• (b) for paragraph (3) there shall be substituted the following paragraph—

(3) Regulation 10(2) of the Maintenance Assessment Procedure Regulations shall not apply in respect of a decision made solely for the purpose of applying Part III but instead the Department shall notify the relevant persons (as defined in regulation 1(2) of the Maintenance Assessment Procedure Regulations) of the detail of how the provisions of Part III have been applied in that case.

• (4) For regulations 10 and 11 there shall be substituted the following regulations—

(10) (1) The provisions of the following paragraphs shall apply where the Department proposes to make a decision under Article 18 or 19 of the Order with respect to a maintenance assessment under which the amount payable was the transitional amount. (2) Where a fresh maintenance assessment would be made by virtue of a decision under Article 18 or 19 of the Order and the amount payable under that assessment (disregarding the provisions of Part III) (in this regulation called “the new formula amount”) would be— (a) more than the formula amount, the amount of child support maintenance payable shall be the transitional amount plus the difference between the formula amount and the new formula amount; (b) less than the formula amount but more than the transitional amount, the amount of the child support maintenance payable shall be the transitional amount; or (c) less than the transitional amount, the amount of child support maintenance payable shall be the new formula amount. (3) Regulations 21 and 22 of the Maintenance Assessment Procedure Regulations shall apply as if the new formula amount were the amount which would be fixed in accordance with a decision superseding an earlier decision. (4) Where the effective date of a fresh maintenance assessment made by virtue of a revision under Article 18 of the Order or of a decision under Article 19 of the Order superseding an earlier decision would, apart from this regulation, be before 18th April 1995— (a) the fresh maintenance assessment; and (b) the decision under Article 18 or, as the case may be, Article 19, shall take effect from 18th April 1995. (11) (1) A fresh maintenance assessment shall not be made by virtue of a decision under Article 19 of the Order superseding an earlier decision in consequence only of the amendments made by Part II where the amount of child support maintenance fixed by the assessment currently in force and the amount that would be fixed if a fresh assessment were to be made under that Article is less than £1£00 per week. (2) Except in relation to the amendment made by regulation 5(6), where a fresh maintenance assessment is made by virtue of a decision under Article 19 of the Order superseding an earlier decision in consequence only of the amendments made by Part II, the date from which— (a) the fresh maintenance assessment; and (b) the decision under Article 18 or, as the case may be, Article 19, shall take effect shall be 7th February 1994.

Amendment of the Child Support and Income Support (Amendment) Regulations

15

• (1) The Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995[^f00046] shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 1(2) (interpretation) before the definition of “the Appeals Regulations” there shall be inserted the following definition—

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

• (3) In regulation 12 (reviews consequent upon the amendments made by these regulations)—

• (a) in paragraph (1) for the words from the beginning to “result of the review is—” there shall be substituted “Subject to paragraph (3), a decision with respect to a maintenance assessment in force on 13th April 1995 or 18th April 1995 shall not be superseded by a decision under Article 19 of the Order if the difference between the amount of child support maintenance currently in force and the amount that would be fixed if the fresh assessment were to be made as a result of a supersession is—”;

• (b) in paragraph (3)—

• (i) for “a review which is made” there shall be substituted “a decision under Article 19 of the Order which falls to be made”, and

• (ii) for “notifies” there shall be substituted “notified”;

• (c) paragraphs (4) and (5) shall be omitted; and

• (d) in paragraph (6)—

• (i) in sub-paragraph (a) for “a child support officer to consider the question of” there shall be substituted “the question to be considered”, and

• (ii) for “upon a review under Article 21 of the Order” there shall be substituted “by virtue of a decision under Article 19 of the Order superseding an earlier decision”.

• (4) In regulation 13 (transitional provisions)—

• (a) in paragraph (3) for the words from “a child support officer” to the end there shall be substituted “a relevant person applies for a decision under Article 19 of the Order superseding an earlier decision on the ground that a qualifying transfer of property has been made or that he has travelling costs”; and

• (b) in paragraph (4)—

• (i) in sub-paragraph (a) for “a review of” there shall be substituted “a decision under Article 19 of the Order superseding a decision with respect to”; and

• (ii) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) a decision under regulation 13 or 16 of the Arrears Regulations is made on an application made by a relevant person.

Amendment of the Child Support (Miscellaneous Amendments No. 2) Regulations

16

• (1) The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995[^f00047] shall be amended in accordance with paragraphs (2) and (3).

• (2) For regulation 11 (reviews consequent on amendments made by these Regulations) there shall be substituted the following regulation—

(11) (1) Where a fresh assessment is made by virtue of a decision under Article 19 of the Order superseding an earlier decision in consequence of the coming into operation of regulation 4(10)— (a) the decision under Article 19; and (b) that fresh maintenance assessment, shall take effect from the first day of the maintenance period following 18th December 1995. (2) In this regulation and regulation 12 “the Order” means the Child Support (Northern Ireland) Order 1991.

• (3) In regulation 12 (transitional and consequential provisions)—

• (a) for paragraph (1) there shall be substituted the following paragraph—

(1) A decision with respect to a maintenance assessment shall not be superseded by a decision under Article 19 of the Order solely to give effect to the provisions set out in paragraph (2).

• (b) in paragraph (3) for “Where a review” there shall be substituted “Where a decision is made under Article 19 of the Order superseding an earlier decision” and for “that review” there shall be substituted “that decision”; and

• (c) paragraph (4) shall be omitted.

Amendment of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations

17

In regulation 5 of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations (Northern Ireland) 1995[^f00048] (calculation of compensation in particular cases) for paragraphs (1) to (4) there shall be substituted the following paragraphs—

(1) Where a revised assessment is replaced by a fresh maintenance assessment of a different amount by virtue of a revision under Article 18 of the Order of 1991, the compensation payment calculated under Article 17 of the 1995 Order shall be recalculated using the amount due under the fresh maintenance assessment in place of the amount due under the revised assessment. (2) Subject to paragraph (3), where the earlier assessment is replaced by a fresh assessment— (a) which was made after the revised assessment, and (b) the effective date of that fresh assessment is before the date on which the revised assessment was made, the amount payable under the fresh assessment shall be ignored for the purposes of the calculation of a compensation payment under Article 17 of the 1995 Order. (3) In a case where the circumstances in paragraphs (1) and (2) apply the compensation payable under Article 17 of the 1995 Order shall be recalculated using the amount due under the fresh assessments referred to in paragraphs (1) and (2).

Amendment of the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations

18

For regulation 11 of the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996[^f00049] (transitional provision relating to maintenance assessments) there shall be substituted the following regulation—