44.—(1) The Department may by regulations provide for the payment, by the [F1absent parent] [F2non-resident parent] or the person with care (or by both), of such fees as may be prescribed in cases where the Department takesF3 any action under Article 7 or 9.
(2) Regulations made under this Article—
(a)may require any information which is needed for the purpose of determining the amount of any such fee to be furnished, in accordance with the regulations, by such person as may be prescribed;
(b)shall provide that no such fees shall be payable by any person to or in respect of whom income support,[F4 an income-based jobseeker's allowance,][F5 any element of child tax credit other than the family element, working tax credit] or any other benefit of a prescribed kind is paid; and
(c)may, in particular, make provision with respect to the recovery by the Department of any fees payable under the regulations.
[F6(3) The provisions of this Order with respect to—
(a)the collection of child support maintenance;
(b)the enforcement of any obligation to pay child support maintenance,
shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this Article.]
F1Words in art. 44(1) substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 11; S.R. 2003/53, art. 3(1), Sch.
F2Words in art. 44(1) substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 11; S.R. 2003/53, art. 3(1), Sch.
F3prosp. insertion by 1995 NI 13
F6Art. 44(3) added (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 26; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.