The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995

Explanatory note

(This note is not part of the Regulations)

aregulations 8 and 9 are divided into a number of regulations to make them more comprehensible. Amendments have also been made to make provision for the effective date of Category B interim maintenance assessments generally to have the same effective date as would be applicable to a full maintenance assessment in that case; for effective dates of interim maintenance assessments made where an absent parent has failed to provide information required on review; for an interim maintenance assessment to cease to have effect where a child support officer receives information as to an absent parent’s circumstances for part but not the whole of the period since the maintenance enquiry form was sent; and in some circumstances for review of a cancellation of an interim maintenance assessment (regulations 16 and 17);

bregulation 16A is inserted to make provision for notification of lapsing of an appeal under section 20A of the Act (regulation 23);

cregulation 18 is substituted to provide that where an application for a review under section 17 of the Act is received less than 8 weeks before a periodical review under section 16 of the Act is due to take place, the periodical review rather than the review under section 17 shall be done (regulation 25);

dregulation 19 is amended to make new provision for reviews under section 17 of the Act to take account of the amendment of that section. The regulation provides that a child support officer must take account of matters which are brought to his attention by the parties (regulation 26);

eregulation 30A is inserted to provide for effective dates of new assessments which relate to part only of the period after the maintenance enquiry form was sent and also for the effective date of a subsequent assessment made when all relevant information is available for the whole of the relevant period (regulation 33);

fregulation 31 is divided into a number of regulations to make it more comprehensible and some amendments are made to effective dates of assessments made on review, in particular, on a review under the new provisions of section 19 of the Act (regulation 34);

gregulations 35A and 40A are inserted to make provision for the circumstances in which a reduced benefit direction should not be given or will be suspended (regulations 37 and 38).

Footnotes

[^f00001]: 1991 c. 48.

[^f00002]: Section 54 is cited because of the meaning ascribed to the word “prescribed”

[^f00003]: 1995 c. 34.

[^f00004]: S.I. 1992/1816. Regulation 13 was amended by S.I. 1993/913 and S.I. 1995/1045.

[^f00005]: S.I. 1995/1045.

[^f00006]: S.I. 1992/1989. Regulation 9 was amended by S.I. 1995/1045.

[^f00007]: S.I. 1992/1812. Regulation 2 was amended by S.I. 1995/123 and S.I. 1995/1045. Regulation 3 was amended and regulation 9A inserted by S.I. 1995/1045.

[^f00008]: S.I. 1992/2645. Regulation 1 was amended by S.I. 1995/1045 and regulation 3 by S.I. 1995/123 and S.I. 1995/1045.

[^f00009]: S.I. 1992/1813. Regulation 8 was amended by S.I. 1993/913, S.I. 1995/123 and S.I. 1995/1045 and regulation 9 by S.I. 1993/913 and S.I. 1995/1045. Regulation 10 was amended by S.I. 1994/227, S.I. 1995/123 and S.I. 1995/1045. Regulation 12 was amended by S.I. 1993/913 and regulation 14 by S.I. 1995/1045. Regulations 17 and 19 were amended by S.I. 1993/913 and S.I. 1995/1045. Regulation 30 was amended by S.I. 1995/123 and S.I. 1995/1045. Regulation 31 was amended by S.I. 1994/227, S.I. 1995/123 and S.I. 1995/1045.

[^f00010]: S.I. 1992/1815. Regulations 1, 9, 15, 22 and Schedule 2 were amended by S.I. 1993/913 and S.I. 1995/1045. Regulation 2 was amended by S.I. 1995/1045 and regulation 11 by S.I. 1994/227 and S.I. 1995/1045. Schedule 3 was amended by S.I. 1993/913, S.I. 1994/227 and S.I. 1995/1045.

[^f00011]: S.I. 1994/227. Regulation 7 was amended by S.I. 1995/1045.

[^f00012]: S.I. 1993/584.

[^f00013]: Sections 4(10) and 7(10) were inserted by section 18(7) of the Child Support Act 1995.

[^f00014]: Section 19 was substituted by section 15 of the Child Support Act 1995.

[^f00015]: Section 12(1)(b) and (c) were inserted by section 11 of the Child Support Act 1995.

[^f00016]: Where the provisions of Part II of the Schedule to S.I. 1992/2644 (c. 83) are applied a further item (sub-paragraph (g)) is to be included in paragraph (2) by virtue of paragraph 10 of that Schedule.

[^f00017]: S.I. 1987/1967. Part IV of Schedule 2 was substituted by S.I. 1995/559.

[^f00018]: S.I. 1987/1968. Paragraph 3 of Schedule 9 was amended by S.I. 1988/522, S.I. 1992/1026 and S.I. 1992/2595 and paragraph 5 by S.I. 1988/522, S.I. 1991/2284 and S.I. 1992/2595. Paragraph 6 was amended by S.I. 1988/522, S.I. 1991/2284, S.I. 1992/2595 and S.I. 1994/2319. Paragraph 7 was amended by S.I. 1992/2595 and S.I. 1994/2319.

[^f00019]: S.I. 1988/664. Regulations 15, 16 and 17 were amended by S.I. 1988/688 and S.I. 1991/2742.

[^f00020]: S.I. 1990/545. Regulation 2 was amended by S.I. 1992/1026 and S.I. 1993/2113.

[^f00021]: S.I. 1993/494.

[^f00022]: S.I. 1992/2182. Regulation 4 was substituted by S.I. 1993/495.

[^f00023]: 1992 c. 5.

[^f00024]: S.I. 1987/1971.

Supersessions consequent on amendments made by these Regulations

SCHEDULE 1A — EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGE MENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

No. 1 — THE SECRETARY OF STATE FOR SOCIAL SECURITY AND THE DEPART MENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND

7th November 1995

Sir,

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came in to effect on 5 April 1993 (which in this letter is referred to as “the Principal Memorandum") and to recent discussions between the Department of Social Security and the Department of Health and Social Services for Northern Ireland concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour to propose the following amendments to the Principal Memorandum:

After paragraph (4) of Article 5 there shall be inserted:—

(5) Subject to paragraph (7), where an application for a maintenance assessment is made under the provisions for one territory in relation to an absent parent, a person treated as such, or an alleged absent parent who resides in the other territory, that application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care resides. (6) Subject to paragraph (7), where an application for a maintenance assessment is made under section 7 of the Act by a qualifying child, the application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care of that child resides. (7) Where paragraphs (5) and (6) apply, the determining authority shall, in determining the amount of child support maintenance to be fixed by any maintenance assessment, take into account in calculating that amount, any provisions which would otherwise have been applicable to that calculation had the assessment been made in accordance with the provision made for the other territory.

After Part 6 there shall be inserted the following Part:—

(12A) Where a person with care resides in one territory and an alleged parent who denies that he is one of the parents of a child in respect of whom an application for a maintenance assessment has been made resides in the other territory:— (a) The person with care or the Secretary of State may apply for a declaration as to whether or not the alleged parent is one of the child’s parents, under Article 28 of the Order; (b) The person with care or the Department of Health and Social Services may apply for such a declaration under section 27 of the Act; and (c) The Department of Health and Social Services may bring an action for declarator of parentage under the provisions of section 28 of the Act.

If the foregoing proposals are acceptable to you, I have the honour to propose that this letter and your reply to that effect shall constitute a Memorandum of Arrangements between us which shall come into effect on 21st January 1996.

SCHEDULE

No. 2 — THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND TO THE SECRETARY OF STATE FOR SOCIAL SECURITY

8th November 1995

Sir

I refer to your letter of 7th November 1995 which reads as follows:

“I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5 April 1993 (which in this letter is referred to as “the Principal Memorandum") and to the recent discussions between the Department of Social Security and the Department of Health and Social Services for Northern Ireland concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour to propose the following amendments to the Principal Memorandum:

After paragraph (4) of Article 5 there shall be inserted:—

(5) Subject to paragraph (7), where an application for a maintenance assessment is made under the provisions for one territory in relation to an absent parent, a person treated as such, or an alleged absent parent, who resides in the other territory, that application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care resides. (6) Subject to paragraph (7), where an application for a maintenance assessment is made under section 7 of the Act by a qualifying child, the application shall be dealt with in, and in accordance with the provision made for, the territory in which the person with care of that child resides. (7) Where paragraph (5) or (6) apply, the determining authority shall, in determining the amount of child support maintenance to be fixed by any maintenance assessment, take into account in calculating that amount, any provisions which would otherwise have been applicable to that calculation had the assessment been made in accordance with the provision made for the other territory.

After Part 6 there shall be inserted the following Part:—

(12A) Where a person with care resides in one territory and an alleged parent who denies that he is one of the parents of a child in respect of whom an application for a maintenance assessment has been made resides in the other territory:— (a) The person with care or the Secretary of State may apply for a declaration as to whether or not the alleged parent is one of the child’s parents, under Article 28 of the Order; (b) The person with care or the Department of Health and Social Services may apply for such a declaration under section 27 of the Act; and (c) The Department of Health and Social Services may bring an action for declarator of parentage under the provisions of section 28 of the Act.

I have the honour to confirm that the foregoing proposals are acceptable to the Department of Health and Social Services for Northern Ireland and agree that your letter and this reply shall constitute a Memorandum of Arrangements between us which shall come into effect on 21st January 1996.

Editorial notes

[^c1788800]: 1991 c.48.

[^c1788801]: Section 54 is cited because of the meaning ascribed to the word “prescribed"

[^c1788802]: 1995 c.34.

[^c1788803]: S.I. 1992/1816. Regulation 13 was amended by S.I. 1993/913 and S.I. 1995/1045.

[^c1788804]: S.I. 1995/1045.

[^c1788805]: S.I. 1992/1989. Regulation 9 was amended by S.I. 1995/1045.

[^c1788806]: S.I. 1992/1812. Regulation 2 was amended by S.I. 1995/123 and S.I. 1995/1045. Regulation 3 was amended and regulation 9A inserted by S.I. 1995/1045.

[^c1788807]: S.I. 1992/2645. Regulation 1 was amended by S.I. 1995/1045 and regulation 3 by S.I. 1995/123 and S.I. 1995/1045.

[^c1788808]: S.I. 1992/1813. Regulation 8 was amended by S.I. 1993/913, S.I. 1995/123 and S.I. 1995/1045 and regulation 9 by S.I. 1993/913 and S.I. 1995/1045. Regulation 10 was amended by S.I. 1994/227, S.I. 1995/123 and S.I. 1995/1045. Regulation 12 was amended by S.I. 1993/913 and regulation 14 by S.I. 1995/1045. Regulations 17 and 19 were amended by S.I. 1993/913 and S.I. 1995/1045. Regulation 30 was amended by S.I. 1995/123 and S.I. 1995/1045. Regulation 31 was amended by S.I. 1994/227, S.I. 1995/123 and S.I. 1995/1045.

[^c1788809]: S.I. 1992/1815. Regulations 1, 9, 15, 22 and Schedule 2 were amended by S.I. 1993/913 and S.I. 1995/1045. Regulation 2 was amended by S.I. 1995/1045 and regulation 11 by S.I. 1994/227 and S.I. 1995/1045. Schedule 3 was amended by S.I. 1993/913, S.I. 1994/227 and S.I. 1995/1045.

[^c1788810]: S.I. 1994/227. Regulation 7 was amended by S.I. 1995/1045.

[^c1788811]: S.I. 1993/584.

[^c1788812]: Sections 4(10) and 7(10) were inserted by section 18(7) of the Child Support Act 1995.

[^c1788813]: Section 19 was substituted by section 15 of the Child Support Act 1995.

[^c1788814]: Section 12(1)(b) and (c) were inserted by section 11 of the Child Support Act 1995.

[^c1788815]: Where the provisions of Part II of the Schedule to S.I. 1992/2644 (c.83) are applied a further item (sub-paragraph (g)) is to be included in paragraph (2) by virtue of paragraph 10 of that Schedule.

[^c1788816]: S.I. 1987/1967. Part IV of Schedule 2 was substituted by S.I. 1995/559.

[^c1788817]: S.I. 1987/1968. Paragraph 3 of Schedule 9 was amended by S.I. 1988/522, S.I. 1992/1026 and S.I. 1992/2595 and paragraph 5 by S.I. 1988/522, S.I. 1991/2284 and S.I. 1992/2595. Paragraph 6 was amended by S.I. 1988/522, S.I. 1991/2284, S.I. 1992/2595 and S.I. 1994/2319. Paragraph 7 was amended by S.I. 1992/2595 and S.I. 1994/2319.

[^c1788818]: S.I. 1988/664. Regulations 15, 16 and 17 were amended by S.I. 1988/688 and S.I. 1991/2742.

[^c1788819]: S.I. 1990/545. Regulation 2 was amended by S.I. 1992/1026 and S.I. 1993/2113.

[^c1788820]: S.I. 1993/494.

[^c1788821]: S.I. 1992/2182. Regulation 4 was substituted by S.I. 1993/495.

[^c1788822]: 1992 c.5.

[^c1788823]: S.I. 1987/1971.

[^M_F_bd91e1f6-01b1-4d03-a532-0c473cc03cd1]: Reg. 56 substituted (1.6.99) by S.I. 1999/1510, art. 3, 39

[^M_F_01cfbd90-6c11-41d1-ec3f-2d8468429168]: Reg. 57(1) substituted (1.6.99) by S.I. 1999/1510, art. 3, 40

[^M_F_fd45cf66-06c0-401f-d9a8-9b573373b763]: Reg. 57(4) omitted (1.6.99) by S.I. 1999/1510, art. 3, 40

[^M_F_e16985de-a49d-4300-b699-12dc7c2504c3]: Words in reg. 57(3) substituted (22.1.1996) by S.I. 1995/3265, reg. 1(1) 4

[^M_F_2567ae19-6313-418f-c0cf-6af19a825431]: Words in reg. 57 (3) substituted (1.6.1999) by S.I. 1999/1510, art. 3, 40