The Child Support (Northern Ireland) Order 1991

Changes over time for: Section 10

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Changes and effects yet to be applied to Article 10:

art. 10(1) words repealed by 2008 c. 10 (N.I.) Sch. 5
art. 10(6)(b) word substituted by 2008 c. 10 (N.I.) Sch. 4 para. 1(4)
art. 10(8)(a) words inserted by S.I. 2015/2006 (N.I.) Sch. 9 para. 1
art. 10(8)(a) words repealed by S.I. 2015/2006 (N.I.) Sch. 12 Pt. 8

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

Order applied by S.R. 2014/191 reg. 7(1)
Order applied in part (with modifications) by S.R. 2010/312 reg. 16 Sch. 2
Order power to apply (with modifications) conferred by 2008 c. 10 (N.I.) s. 3(4)
Order transfer of functions by S.I. 2010/976 Sch. 17 para. 42
Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(a)
Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(b)

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

Sch. 1 para. 9(1) Sch. 1 para. 9 renumbered as Sch. 1 para. 9(1) by 2008 c. 10 (N.I.) Sch. 1 para. 8(1)
Sch. 1 para. 9(2) added by 2008 c. 10 (N.I.) Sch. 1 para. 8(4)
Sch. 1 para. 5A and cross-heading inserted by 2008 c. 10 (N.I.) Sch. 1 para. 5(2)
Sch. 1 para. 9(1)(ba) inserted by 2008 c. 10 (N.I.) Sch. 1 para. 8(3)
Sch. 1 para. 9(1)(za) inserted by 2008 c. 10 (N.I.) Sch. 1 para. 8(2)
Sch. 1 para. 5A(2) modified by S.R. 2012/428 reg. 3
Sch. 1 para. 5A(2) modified by S.R. 2013/190 reg. 2
Sch. 1 Pt. 1 words substituted by 2008 c. 10 (N.I.) Sch. 1 para. 2
Sch. 1 Pt. 1 para. 10C(5A) omitted by S.I. 2019/1514 reg. 64(5)(b)
Sch. 1 Pt. 1 para. 10C(5) substituted for Sch. 1 Pt. 1 para. 10C(5)(6) by S.I. 2019/1514 reg. 64(4)
Sch. 1 Pt. 1 para. 6(5)(b)(i)(ii) substituted for Sch. 1 Pt. 1 para. 6(5)(b)(i)-(iii) by S.I. 2019/1514 reg. 64(5)(a)
Sch. 1 Pt. 1 para. 5(4) words inserted by 2007 c. 2 (N.I.) Sch. 3 para. 2(8)
art. 2(3) added by 2008 c. 10 (N.I.) Sch. 4 para. 1(3)
art. 4(4)(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 16
art. 7(2A) inserted by S.I. 2015/2006 (N.I.) art. 127(2)(b)
art. 7(3A)-(3C) inserted by 2023 c. 24 s. 4(2)(a)
art. 7(4)(d) and word inserted by 2023 c. 24 s. 4(2)(b)(ii)
art. 11(2A) inserted by S.I. 2015/2006 (N.I.) art. 126(1)
art. 11(6)(a)(b) and word repealed by 2008 c. 10 (N.I.) Sch. 5
art. 11A inserted by S.I. 2015/2006 (N.I.) art. 128
art. 16A(3A) inserted by 2008 c. 10 (N.I.) s. 27(1)
art. 16A(3A) substituted by 2010 c. 13 (N.I.) s. 32(2)
art. 16A(6) added by 2010 c. 13 (N.I.) s. 32(3)
art. 19(1)(c) repealed by 2008 c. 10 (N.I.) Sch. 5
art. 22(1)(ba) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(5)
art. 22(2)(aa) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(6)
art. 22(2A)-(2C) inserted by S.I. 2015/2006 (N.I.) Sch. 11 para. 2
art. 22(3A)-(3C) inserted by S.I. 2015/2006 (N.I.) Sch. 11 para. 3
art. 22(5A) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(7)
art. 22(7A) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(8)
art. 27(2)(b) words substituted by S.I. 2019/1514 reg. 64(2)
art. 27(2)(b) words substituted by S.I. 2019/1514 reg. 64(2)
art. 28D(2A) (2B) inserted by 2008 c. 10 (N.I.) s. 10(2)
art. 28F(4)(a) words repealed by 2008 c. 10 (N.I.) Sch. 5
art. 29(3)(c) (ca) substituted for art. 29(3)(c) by 2010 c. 13 (N.I.) s. 31(2)
art. 29(3A) inserted by 2010 c. 13 (N.I.) s. 31(3)
art. 29(4)-(7) added by 2008 c. 10 (N.I.) s. 12
art. 29(4)-(7) excluded by S.R. 2016/390 reg. 6(1)
art. 31(8) (9) substituted for art. 31(8) by 2008 c. 10 (N.I.) s. 13
art. 32A-32D inserted by 2008 c. 10 (N.I.) s. 14
art. 32E-32K inserted by 2008 c. 10 (N.I.) s. 15
art. 32G(1) restricted by SR 1992/390 reg. 25N (as inserted) by S.R. 2009/286 reg. 2
art. 32H(2)(b) restricted by SR 1992/390 reg. 25N (as inserted) by S.R. 2009/286 reg. 2
art. 32L inserted by 2008 c. 10 (N.I.) s. 16
art. 32L(5) words inserted by S.I. 2019/1514 reg. 64(3)
art. 32M 32N inserted by 2008 c. 10 (N.I.) s. 17
art. 36B-36F inserted by 2008 c. 10 (N.I.) s. 18
art. 36G-36O inserted by 2008 c. 10 (N.I.) s. 19
art. 37(2A)-(2C) inserted by 2008 c. 10 (N.I.) s. 20(1)
art. 37(10)-(10C) substituted for art. 37(10) by 2008 c. 10 (N.I.) s. 20(2)
art. 37(12) added by 2008 c. 10 (N.I.) Sch. 4 para. 1(14)
art. 37A(A1)-(A4) (1) substituted for art. 37A(1) by 2008 c. 10 (N.I.) s. 21(1)
art. 37A(10)-(10C) substituted for art. 37A(10) by 2008 c. 10 (N.I.) s. 21(2)
art. 37A(12) added by 2008 c. 10 (N.I.) Sch. 4 para. 1(17)
art. 38A(5)(c) (d) repealed by 2008 c. 10 (N.I.) Sch. 4 para. 1(29)(a)
art. 38C inserted by 2008 c. 10 (N.I.) s. 22
art. 38D inserted by 2008 c. 10 (N.I.) s. 23
art. 38E inserted by 2008 c. 10 (N.I.) s. 24
art. 39(2)(g) added by 2008 c. 10 (N.I.) s. 28
art. 40A inserted by 2008 c. 10 (N.I.) s. 29
art. 41(4)(5) inserted by S.I. 2011/1484 Sch. 7 para. 22
art. 41(4) omitted by S.I. 2019/519 Sch. para. 20(a)
art. 41(5) omitted by S.I. 2019/519 Sch. para. 20(b)
art. 45A inserted by 2008 c. 10 (N.I.) s. 25
art. 45B 45C inserted by 2008 c. 10 (N.I.) s. 30
art. 45D inserted by 2008 c. 10 (N.I.) s. 31
art. 46(1A)-(1C) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(19)
art. 47A inserted by 2008 c. 10 (N.I.) s. 32
art. 47A(6) inserted by S.I. 2015/2006 (N.I.) Sch. 11 para. 4
art. 48(2B) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(22)

Role of the courts with respect to maintenance for childrenN.I.

10.—(1) This paragraph applies in any case where[F1 the Department] would have jurisdiction to make a [F2maintenance calculation] with respect to a qualifying child and [F3a non-resident parent] of his on an application duly made[F4 or treated as made] by a person entitled to apply for such [F5a calculation] with respect to that child.

(2) Paragraph (1) applies even though the circumstances of the case are such that[F1 the Department] would not make [F6a calculation] if it were applied for.

(3) [F7Except as provided in paragraph (3A),] in any case where paragraph (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and [F8non-resident parent] concerned.

[F9(3A) Unless a maintenance calculation has been made with respect to the child concerned, paragraph (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—

(a)if the maintenance order was made on or after the date prescribed for the purposes of Article 7(10)(a); or

(b)where the order was made before then, in any case in which Article 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.]

(4) Paragraph (3) does not prevent a court from revoking a maintenance order.

(5) The Lord Chancellor may[F10, with the concurrence of the Lord Chief Justice,] by order provide that, in such circumstances as may be specified by the order, this Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)a written agreement (whether or not enforceable) provides for the making, or securing, by [F11a non-resident parent] of the child of periodical payments to or for the benefit of the child; and

(b)the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

[F12(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (5)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

(6) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)a [F13maintenance calculation] is in force with respect to the child;

[F14(b)the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and]

(c)the court is satisfied that the circumstances of the case make it appropriate for the [F15non-resident parent] to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the [F16maintenance calculation].

(7) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

(b)the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

(8) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)a disability living allowance is paid to or in respect of him; or

(b)no such allowance is paid but he is disabled,

and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child's disability.

(9) For the purposes of paragraph (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.

(10) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.

(11) In this Order “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—

Sub‐para.(a) rep. by 1995 NI 2

(b)Part III of the Matrimonial Causes (Northern Ireland) Order 1978F17;

(c)the Domestic Proceedings (Northern Ireland) Order 1980F18;

(d)Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989F19;F20. . .

[F21(da)Schedule 15, 16 or 17 to the Civil Partnership Act 2004; or]

[F20(dd)Schedule 1 to the Children (Northern Ireland) Order 1995;F22. . . ]

(e)any other prescribed statutory provision,

and includes any order varying or reviving such an order.

F11998 NI 10

F2Words in art. 10(1) 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)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.

F3Words in art. 10(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.

F4Words in art. 10(1) inserted (3.3.2003 for certain purposes, otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (N.I.), ss. 25, 68(2)(a), Sch. 3 para. 14(a); S.R. 2003/53, art. 3(1), Sch.