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The Child Support (Northern Ireland) Order 1991

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Special casesN.I.

Special casesN.I.

39.—(1) The Department may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Order.

(2) Those regulations may, for example, provide for the following to be special cases—

(a)each parent of a child is [F1an absent parent] [F2a non-resident parent] in relation to the child;

(b)there is more than one person who is a person with care in relation to the same child;

(c)there is more than one qualifying child in relation to the same [F3absent parent] [F4non-resident parent] but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;

(d)a person is [F5an absent parent] [F6a non-resident parent] in relation to more than one child and the other parent of each of those children is not the same person;

(e)the person with care has care of more than one qualifying child and there is more than one [F7absent parent] [F8non-resident parent] in relation to those children;

(f)a qualifying child has his home in two or more separate households.

(3) The Department may by regulations make provision with respect to special cases.

(4) Regulations made under paragraph (3) may, in particular—

(a)modify any provision made by or under this Order, in its application to any special case or any special case falling within a prescribed category;

(b)make new provision for any such case; or

(c)provide for any prescribed provision made by or under this Order not to apply to any such case.

[F9Recovery of child support maintenance by deduction from benefitN.I.

40.—(1) This Article applies where—

(a)a non-resident parent is liable to pay a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and

(b)such conditions as may be prescribed for the purposes of this Article are satisfied.

(2) The power of the Department to make regulations under section 5 of the Social Security Administration (Northern Ireland) Act 1992 by virtue of subsection (1)(q) (deductions from benefits) may be exercised in relation to cases to which this Article applies with a view to securing that payments in respect of child support maintenance are made or that arrears of child support maintenance are recovered.

(3) For the purposes of this Article, the benefits to which section 5 of that Act applies shall be taken as including war disablement pensions and war widows' pensions (within the meaning of section 146(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (interpretation)).]

F9Art. 40 substituted (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. 20, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F10Contribution to maintenance by deduction from benefitN.I.

40.—(1) This Article applies where—

(a)by virtue of paragraph 5(4) of Schedule 1, [F11an absent parent] [F12a non-resident parent] is taken for the purposes of that Schedule to have no [F13assessable] [F14calculable] income; and

(b)such conditions as may be prescribed for the purposes of this Article are satisfied.

(2) The power of the Department to make regulations under Article 52 of the Social Security (Northern Ireland) Order 1986F15 by virtue of paragraph (1)(q) (deductions from benefits) may be exercised in relation to cases to which this Article applies with a view to securing that—

(a)payments of prescribed amounts are made with respect to qualifying children in place of payments of child support maintenance; and

(b)arrears of child support maintenance are recovered.

[F16(3) Schedule 4C shall have effect for applying Articles 18, 19, 22 and 28ZA to 28ZC to any decision with respect to a person's liability under this Article, that is to say, his liability to make payments under regulations made by virtue of this Article.]

F10Art. 40 substituted (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. 20, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

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