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

Transitional provisions and savings

4.—(1) Where in respect of a particular case before the date that these Regulations come into operation with respect to that type of case (“the commencement date”)—

(a) an application was made and not determined for—

(i) a maintenance assessment;

(ii) a departure direction, or

(iii) a revision or supersession of a decision;

(b) the Department had begun but not completed a revision or supersession of a decision on its own initiative;

(c) any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or

(d) any appeal was made but not decided or any time limit for making an appeal had not expired,

regulations 2(2) to (5) (except for sub-paragraphs (c) and (d)), (6), (9) to (11) and 3(2) to (7) and (9) shall not apply for the purposes of—

(aa) the decision on the application referred to in sub-paragraph (a);

(bb) the revision or supersession referred to in sub-paragraph (b);

(cc) the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;

(dd) any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or

(ee) any revision, supersession or appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd).

(2) Where after the commencement date a maintenance assessment falls to be cancelled on grounds of lack of jurisdiction with effect from before the commencement date, regulation 3(7) shall not apply for that purpose.

(3) For the purposes of this regulation—

(a) “departure direction” and “maintenance assessment” have the same meaning as in Article 2(2) of the Order(1) before its amendment by the Act;

(b) “revision or supersession” means a revision or supersession of a decision under Article 18 or 19 of the Order(2) before its amendment by the Act.

(1)

The definition of “departure direction” was inserted by paragraph 2(a) of Schedule 3 to the Child Support (Northern Ireland) Order 1995

(2)

Articles 18 and 19 were substituted by Articles 40 and 41 respectively of the Social Security (Northern Ireland) Order 1998