Special casesN.I.
39.—(1) The Department may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Order.
(2) Those regulations may, for example, provide for the following to be special cases—
(a)each parent of a child is [F1an absent parent] [F2a non-resident parent] in relation to the child;
(b)there is more than one person who is a person with care in relation to the same child;
(c)there is more than one qualifying child in relation to the same [F3absent parent] [F4non-resident parent] but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;
(d)a person is [F5an absent parent] [F6a non-resident parent] in relation to more than one child and the other parent of each of those children is not the same person;
(e)the person with care has care of more than one qualifying child and there is more than one [F7absent parent] [F8non-resident parent] in relation to those children;
(f)a qualifying child has his home in two or more separate households.
(3) The Department may by regulations make provision with respect to special cases.
(4) Regulations made under paragraph (3) may, in particular—
(a)modify any provision made by or under this Order, in its application to any special case or any special case falling within a prescribed category;
(b)make new provision for any such case; or
(c)provide for any prescribed provision made by or under this Order not to apply to any such case.
F1Words in art. 39(2)(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. 39(2)(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. 39(2)(c) 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. 39(2)(c) 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.
F5Words in art. 39(2)(d) 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. 39(2)(d) 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.
F7Words in art. 39(2)(e) 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.
F8Words in art. 39(2)(e) 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.