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The Child Support(Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Arrears of child support maintenance

38.—(1) This Article applies where—

(a)the Department is authorised under Article 7 or 9 to recover child support maintenance payable by an absent parent in accordance with a maintenance assessment; and

(b)the absent parent has failed to make one or more payments of child support maintenance due from him in accordance with that assessment.

(2) Where the Department recovers any such arrears it may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if it is satisfied that the amount of any benefit paid to the person with care of the child or children in question would have been less had the absent parent not been in arrears with his payments of child support maintenance.

(3) In such circumstances as may be prescribed, the absent parent shall be liable to make such payments of interest with respect to the arrears of child support maintenance as may be prescribed.

(4) The Department may by regulations make provision—

(a)as to the rate of interest payable by virtue of paragraph (3);

(b)as to the time at which, and person to whom, any such interest shall be payable;

(c)as to the circumstances in which, in a case where the Department has been acting under Article 9, any such interest may be retained by it;

(d)for the Department, in a case where it has been acting under Article 9 and in such circumstances as may be prescribed, to waive any such interest (or part of any such interest).

(5) The provisions of this Order with respect to—

(a)the collection of child support maintenance;

(b)the enforcement of any obligation to pay child support maintenance,

shall apply equally to interest payable by virtue of this Article.

(6) Any sums retained by the Department by virtue of this Article shall be paid by it into the Consolidated Fund.

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