The Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992 (“the Information Regulations”) and the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 (“the Jurisdiction Regulations”) mainly consequent upon the introduction of the changes to the child support system made by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the Act”).

These Regulations come into operation at different times for different cases according to the dates on which provisions of the Act which are relevant to these Regulations are commenced for different types of cases.

Regulations 2(2), (3), (6)(a)(ii) and (11)(b) and 3(2) and (3) change the terminology in the Information Regulations and the Jurisdiction Regulations.

Regulations 2(4)(a) and (b)(i), (9) and (11)(a)(iii) and 3(4) and (6) amend references in the Information Regulations and the Jurisdiction Regulations to the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 and the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 as these have been revoked and replaced respectively by the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 and the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001.

Regulation 2(4)(b)(ii) and (5) amends regulations 1 and 2 of the Information Regulations mainly to adjust the information that can be required so that this is relevant to the changes to the child support system.

Regulation 2(6)(a)(i) and (iii) and (b), (8), (10) and (11)(a)(i) and (ii) makes amendments consequential on the changes to the child support system to regulations 3, 6 and 9A and omits regulation 4 of the Information Regulations. In particular regulation 2(7) amends regulation 3A of the Information Regulations so that notices will include reference to the information offences created by Article 16A of the Child Support (Northern Ireland) Order 1991 (“the Order”).

Regulation 3(5) amends regulation 3 of the Jurisdiction Regulations as references to the “effective date” are now contained in the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001.

Regulation 3(7) and (8) omits regulation 7 of those Regulations and inserts a new regulation 7A which prescribes the companies and bodies based in the United Kingdom that employ someone not habitually resident, for the purposes of Article 41(2A) of the Order, in the United Kingdom.

Regulation 3(9) amends references in the Jurisdiction Regulations to “cancelling” a maintenance calculation.

Regulation 4 allows the Information Regulations and the Jurisdiction Regulations to apply as they were before they were amended in certain cases for transitional purposes.

Articles 9(7) and 41(2A) of the Order are some of the enabling provisions under which these Regulations are made. Article 9 was substituted by section 3 of the Act and was brought into operation, for the purpose only of making regulations, on 22nd November 2000 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C. 16)). Article 41(2A) was inserted by section 21(3) of the Act and is brought into operation, in so far as not already in operation, on 31st January 2001 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 3) Order (Northern Ireland) 2000 (S.R. 2000 No. 406 (C. 21)).

The impact on business of these Regulations was covered in the Regulatory Impact Assessment for the Act, in accordance with and in consequence of which, these Regulations are made. A copy of that Assessment may be obtained, free of charge, from Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast BT4 3SQ.