Chwilio Deddfwriaeth

Chwiliad Uwch

The Child Support (Northern Ireland) Order 1991

Help about what version

Pa Fersiwn

  • Y Diweddaraf sydd Ar Gael (Diwygiedig)
  • Gwreiddiol (a wnaed Fel)
Help about advanced features

Nodweddion Uwch

Rhagor o Adnoddau

Changes over time for: Cross Heading: Termination of [assessments] calculations

Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Child Support (Northern Ireland) Order 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Termination of [F1assessments] [F2calculations]N.I.

F1Word in Sch. 1 para. 16 heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

F2Word in Sch. 1 para. 16 heading substituted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

16.—(1) A[F3maintenance assessment] [F4maintenance calculation] shall cease to have effect—N.I.

(a)on the death of the [F5absent parent] [F6non-resident parent], or of the person with care, with respect to whom it was made;

(b)on there no longer being any qualifying child with respect to whom it would have effect;

(c)on the [F7absent parent] [F8non-resident parent] with respect to whom it was made ceasing to be a parent of—

(i)the qualifying child with respect to whom it was made; or

(ii)where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;

(d)[F9where the [F10absent parent] [F11non-resident parent] and the person with care with respect to whom it was made have been living together for a continuous period of six months;]

(e)[F12where a new [F13maintenance assessment] [F14maintenance calculation] is made with respect to any qualifying child with respect to whom the [F15assessment] [F16calculation] in question was in force immediately before the making of the new [F17assessment] [F18calculation].]

[F19(2) [F20A [F21maintenance assessment] [F22maintenance calculation] made in response to an application under Article 7 shall be cancelled by the Department if the person on whose application the [F23assessment] [F24calculation] was made asks the Department to do so.]

(3) [F25A [F26maintenance assessment] [F27maintenance calculation] made in response to an application under Article 9 shall be cancelled by the Department if—

(a)the person on whose application the [F28assessment] [F29calculation] was made ( “the applicant”) asks it to do so; and

(b)the Department is satisfied that the applicant has ceased to fall within paragraph (1) of that Article.]

(4) [F30Where the Department is satisfied that the person with care with respect to whom a [F31maintenance assessment] [F32maintenance calculation] was made has ceased to be a person with care in relation to the qualifying child, or any of the qualifying children, with respect to whom the [F33assessment] [F34calculation] was made, the Department may cancel the [F35assessment] [F36calculation] with effect from the date on which, in its opinion, the change of circumstances took place.]

(5) [F37A [F38maintenance assessment] [F39maintenance calculation] may be cancelled by the Department if it is proposing to make a decision under Article 18 or 19 and it appears to the Department—

(a)that the person with care with respect to whom the[F40maintenance assessment] [F41maintenance calculation] in question was made has failed to provide the Department with sufficient information to enable it to make the decision; and

(b)where the [F42maintenance assessment] [F43maintenance calculation] in question was made in response to an application under Article 9, that the person with care with respect to whom the [F44assessment] [F45calculation] was made has ceased to fall within paragraph (1) of that Article.]

(6) [F46Where—

(a)at any time a [F47maintenance assessment] [F48maintenance calculation] is in force but the Department would no longer have jurisdiction to make it if it were to be applied for at that time; and

(b)the [F49assessment] [F50calculation] has not been cancelled, or has not ceased to have effect under any other provision made by or under this Order,

it shall be taken to have continuing effect unless cancelled by the Department in accordance with such prescribed provision (including provision as to the effective date of cancellation) as the Department considers it appropriate to make.]

(7) [F51Where both the [F52absent parent] [F53non-resident parent] and the person with care with respect to whom a [F54maintenance assessment] [F55maintenance calculation] was made request the Department to cancel the [F56assessment] [F57calculation], the Department may do so if it is satisfied that they are living together.]

(8) [F58Any cancellation of a [F59maintenance assessment] [F60maintenance calculation] under sub-paragraph (5), (6) or (7) shall have effect from such date as may be determined by the Department.]

(9) [F61Where the Department cancels a [F62maintenance assessment] [F63maintenance calculation] , it shall immediately notify the [F64absent parent] [F65non-resident parent] and person with care, so far as that is reasonably practicable.]

(10) [F66Any notice under sub-paragraph (9) shall specify the date with effect from which the cancellation took effect.]

(11) A person with care with respect to whom a [F67maintenance assessment] [F68maintenance calculation] is in force shall provide the Department with such information, in such circumstances, as may be prescribed, with a view to assisting the Department in determining whether the [F69assessment] [F70calculation] has ceased to have effect[F71, or should be cancelled].

(12) The Department may by regulations make such supplemental, incidental or transitional provision as it thinks necessary or expedient in consequence of the provisions of this paragraph.]

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.