The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

3

The circumstances referred to in paragraph (1) are that –

a

that parent is resident in a residential care home, nursing home or an independent hospital; or

b

that parent’s applicable amount falls to be calculated under regulation 21 of, and any of paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations11 (patients).

4

In paragraph (3) –

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “nursing home” has the meaning assigned to it by Article 11 of that Order; and

• “residential care home” has the meaning assigned to it by Article 10 of that Order.

4

The circumstances referred to in paragraph (1) are that –

a

that parent is resident in a residential care home, nursing home or an independent hospital; or

b

that parent’s applicable amount falls to be calculated under regulation 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker’s Allowance Regulations12 (patients).

5

In paragraph (4) –

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “nursing home” has the meaning assigned to it by Article 11 of that Order; and

• “residential care home” has the meaning assigned to it by Article 10 of that Order.

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “nursing home” has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “residential care home” has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 200216;

47F

Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 198325 (pensions to widows and widowers) or under article 27(3) of the Personal Injuries (Civilians) Scheme 198326 (pensions to widows and widowers).

4

The circumstances referred to in paragraph (1) are that –

a

that parent is resident in a residential care home, nursing home or an independent hospital; or

b

that parent’s applicable amount falls to be calculated under regulation 21 of, and any of paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations (patients).

5

In paragraph (4) –

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “nursing home” has the meaning assigned to it by Article 11 of that Order; and

• “residential care home” has the meaning assigned to it by Article 10 of that Order.

4

The circumstances referred to in paragraph (1) are that –

a

that parent is resident in a residential care home, nursing home or an independent hospital; or

b

that parent’s applicable amount falls to be calculated under regulation 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker’s Allowance Regulations (patients).

5

In paragraph (4) –

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “nursing home” has the meaning assigned to it by Article 11 of that Order; and

• “residential care home” has the meaning assigned to it by Article 10 of that Order.

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “nursing home” has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “residential care home” has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “training allowance” means a payment under section 1 of the Employment and Training Act (Northern Ireland) 195032 which is paid –

  1. a

     to a person for his maintenance; and

  2. b

     in respect of a period during which that person –

     1. i

        is undergoing training pursuant to arrangements made under section 1 of that Act, and

     2. ii

        has no net weekly income of a type referred to in Part II or III of the Schedule;

• “war widow’s pension” means any pension or allowance payable for a widow which is –

  1. a

     granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 191733, the Personal Injuries (Emergency Provisions) Act 193934, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 193935, the Polish Resettlement Act 194736 or Part VII or section 151 of the Reserve Forces Act 198037;

  2. b

     payable under so much of any Order in Council, Royal Warrant, order or scheme as relates to death due to service in the armed forces of the Crown, wartime service in the merchant navy or war injuries;

  3. c

     payable in respect of death due to peacetime service in the armed forces of the Crown before 3rd September 1939, and payable at rates, and subject to conditions, similar to those of a pension within sub-paragraph (b); or

  4. d

     payable under the law of a country other than the United Kingdom and of a character substantially similar to a pension within sub-paragraph (a), (b) or (c),

  and “war widower’s pension” shall be construed accordingly;

and

f

a war widow’s pension or a war widower’s pension.

5

If the application of paragraph (3) would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to an amount which is less than a figure equivalent to the flat rate of child support maintenance payable under paragraph 4(1) of Schedule 1 to the Order, the non-resident parent shall instead be liable to pay child support maintenance at a rate equivalent to that flat rate apportioned (if appropriate) as provided in paragraph 6 of that Schedule.

6

Where a subsequent decision is made the effective date of which is the case conversion date –

a

the reference in paragraph (3) to the conversion decision shall apply as if it were a reference to the subsequent decision; and

b

the reference in paragraph (5) to the new amount shall apply as if it were a reference to the subsequent decision amount.

10

Where a subsequent decision (“decision B”) is made in respect of a decision which is itself a subsequent decision (“decision A”) and –

a

decision B has the same effective date as decision A; or

b

decision B –

i

is a revision or alteration on appeal of decision A, and

ii

includes within it a determination that the effective date of decision A was incorrect,

paragraphs (2) to (5) shall apply so that the subsequent decision amount of decision B is compared with the new amount or the subsequent decision amount, as the case may be, which was in place immediately before decision A was made.