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The Child Support (Northern Ireland) Order 1991

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[F3Maintenance calculationsN.I.

13.(1) An application for a maintenance calculation made to the Department shall be dealt with by it in accordance with the provision made by or under this Order.

(2) The Department shall (unless it decides not to make a maintenance calculation in response to the application, or makes a decision under Article 14) determine the application by making a decision under this Article about whether any child support maintenance is payable and, if so, how much.

(3) Where—

(a)a parent is treated under Article 9(3) as having applied for a maintenance calculation; but

(b)the Department becomes aware before determining the application that the parent has ceased to fall within Article 9(1),

it shall, subject to paragraph (4), cease to treat that parent as having applied for a maintenance calculation.

(4) If it appears to the Department that paragraph (10) of Article 7 would not have prevented the parent with care concerned from making an application for a maintenance calculation under that Article it shall—

(a)notify that parent of the effect of this paragraph; and

(b)if, before the end of the period of one month beginning with and including the day on which notice was sent to the parent with care, that parent asks the Department to do so, treat that parent as having applied not under Article 9 but under Article 7.

(5) Where paragraph (3) applies but paragraph (4) does not, the Department shall notify—

(a)the parent with care concerned; and

(b)the non-resident parent (or alleged non-resident parent), where it appears to the Department that that person is aware that the parent with care has been treated as having applied for a maintenance calculation.

(6) The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.

(7) If the Department has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis it determines under Article 28F(4).

(8) Part II of Schedule 1 makes further provision with respect to maintenance calculations.]

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F4Maintenance [F5assessments] [F6calculations]N.I.

13.—(1) Any application for a [F7maintenance assessment] [F8maintenance calculation] made to the Department shall be[F9 dealt with by it] in accordance with the provision made by or under this Order.

[F10(1A) Where—

(a)an application for a [F11maintenance assessment] [F12maintenance calculation] is made under Article 9, but

(b)the Department becomes aware,[F9 before determining the application], that the claim mentioned in paragraph (1) of that Article has been disallowed or withdrawn, the Department shall, subject of paragraph (1B), treat the application as if it had not been made.

(1B) If it appears to the Department that paragraph (10) of Article 7 would not have prevent the parent with care concerned from making an application for a [F13maintenance assessment] [F14maintenance calculation] under that Article the Department shall—

(a)notify that parent of the effect of this paragraph, and

(b)if, before the end of the period of 28 days beginning with the day on which notice was sent to that parent, that parent asks the Department to do so, treat the application as having been made not under Article 9 but under Article 7.

(1C) Where the application is not preserved under paragraph (1B) (and so is treated as not having been made) the Department shall notify—

(a)the parent with care concerned; and

(b)the [F15absent parent] [F16non-resident parent] (or alleged [F17absent parent] [F18non-resident parent]), where it appears to him that that person is aware of the application.]

(2) The amount of child support maintenance to be fixed by any [F19maintenance assessment] [F20maintenance calculation] shall be determined in accordance with the provisions of Part I of Schedule 1.

(3) Part II of Schedule 1 makes further provision with respect to maintenance [F21assessments] [F22calculations].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F5Word in art. 13 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.

F6Word in art. 13 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.

F91998 NI 10

F101995 NI 13

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