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The Child Support (Northern Ireland) Order 1991

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Child support maintenanceN.I.

7.—(1) A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the [F1absent parent] [F2non-resident parent] may apply to the Department for a [F3maintenance assessment] [F4maintenance calculation] to be made under this Order with respect to that child, or any of those children.

(2) Where a [F5maintenance assessment] [F6maintenance calculation] has been made in response to an application under this Article the Department may, if the persons with care or [F7absent parent] [F8non-resident parent] with respect to whom the [F9assessment] [F10calculation] was made applies to it under this paragraph, arrange for—

(a)the collection of the child support maintenance payable in accordance with the [F11assessment] [F12calculation];

(b)the enforcement of the obligation to pay child support maintenance in accordance with the [F13assessment] [F14calculation].

(3) Where an application under paragraph (2) for the enforcement of the obligation mentioned in paragraph (2)(b) authorises the Department to take steps to enforce that obligation whenever it considers it necessary to do so, the Department may act accordingly.

(4) A person who applies to the Department under this Article shall, so far as that person reasonably can, comply with such regulations as may be made by the Department with a view to the DepartmentF15. . . being provided with the information which is required to enable—

(a)the [F16absent parent] [F17non-resident parent] to be[F18 identified or] traced (where that is necessary);

(b)the amount of child support maintenance payable by the [F19absent parent] [F20non-resident parent] to be [F21assessed] [F22calculated]; and

(c)that amount to be recovered from the [F23absent parent] [F24non-resident parent].

(5) Any person who has applied to the Department under this Article may at any time request it to cease acting under this Article.

(6) It shall be the duty of the Department to comply with any request made under paragraph (5) (but subject to any regulations made under paragraph (8)).

(7) The obligation to provide information which is imposed by paragraph (4)—

(a)shall not apply in such circumstances as may be prescribed; and

(b)may, in such circumstances as may be prescribed, be waived by the Department.

(8) The Department may by regulations make such incidental, supplemental or transitional provision as it thinks appropriate with respect to cases in which it is requested to cease to act under this Article.

(9) No application may be made under this Article if there is in force with respect to the person with care and [F25absent parent] [F26non-resident parent] in question a [F27maintenance assessment] [F28maintenance calculation] made in response to an application[F29 treated as made] under Article 9.

[F30(10) No application may be made at any time under this Article with respect to a qualifying child or any qualifying children if—

(a)there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order[F31 made before a prescribed date], in respect of that child or those children and the person who is, at that time, the [F32absent parent] [F33non-resident parent]; or

[F34(aa)a maintenance order made on or after the date prescribed for the purposes of sub-paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with and including the date on which it was made; or]

(b)benefit is being paid to, or in respect of, a parent with care of that child or those children.

(11) In paragraph (10) “benefit” means any benefit which is mentioned in, or prescribed by regulations under, Article 9(1).]

F31Words in art. 7(10)(a) inserted (7.2.2003 for certain purposes and 3.3.2003 for further certain purposes and otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 2(1)(2), 68(2); S.R. 2003/53, arts. 2, 3(1), Sch.

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