The Child Support (Northern Ireland) Order 1991

Arrears of child support maintenanceN.I.

38.—(1) This Article applies where—

(a)the Department is authorised under Article 7 or 9 to recover child support maintenance payable by [F1an absent parent] [F2a non-resident parent] in accordance with a [F3maintenance assessment] [F4maintenance calculation] ; and

(b)the [F5absent parent] [F6non-resident parent] has failed to make one or more payments of child support maintenance due from him in accordance with that [F7assessment] [F8calculation].

[F9(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 or in respect of the person with care of the child or children in question would have been less had the [F10absent parent] [F11non-resident parent] made the payment or payments of child support maintenance in question.

(2A) In determining for the purposes of paragraph (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the [F12maintenance assessment] [F13maintenance calculation] had affect from a date earlier than that on which it was made, the [F14assessment] [F15calculation] shall be taken to have been in force at that time.]

(3) [F16In such circumstances as may be prescribed, the [F17absent parent] [F18non-resident parent] shall be liable to make such payments of interest with respect to the arrears of child support maintenance as may be prescribed.]

(4) [F19The 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) [F20The 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.

F1Words in art. 38(1)(a) 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.

F2Words in art. 38(1)(a) 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.

F3Words in art. 38(1)(a) 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.

F4Words in art. 38(1)(a) 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.

F5Words in art. 38(1)(b) 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.

F6Words in art. 38(1)(b) 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.

F7Word in art. 38(1)(b) 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.