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The Child Support (Northern Ireland) Order 1991

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[F1Recovery of child support maintenance by deduction from benefitN.I.

40.(1) This Article applies where—

(a)a non-resident parent is liable to pay a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and

(b)such conditions as may be prescribed for the purposes of this Article are satisfied.

(2) The power of the Department to make regulations under section 5 of the Social Security Administration (Northern Ireland) Act 1992 by virtue of subsection (1)(q) (deductions from benefits) may be exercised in relation to cases to which this Article applies with a view to securing that payments in respect of child support maintenance are made or that arrears of child support maintenance are recovered.

(3) For the purposes of this Article, the benefits to which section 5 of that Act applies shall be taken as including war disablement pensions and war widows' pensions (within the meaning of section 146(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (interpretation)).]

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F1Art. 40 substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 20, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F2Contribution to maintenance by deduction from benefitN.I.

40.—(1) This Article applies where—

(a)by virtue of paragraph 5(4) of Schedule 1, [F3an absent parent] [F4a non-resident parent] is taken for the purposes of that Schedule to have no [F5assessable] [F6calculable] income; and

(b)such conditions as may be prescribed for the purposes of this Article are satisfied.

(2) The power of the Department to make regulations under Article 52 of the Social Security (Northern Ireland) Order 1986F7 by virtue of paragraph (1)(q) (deductions from benefits) may be exercised in relation to cases to which this Article applies with a view to securing that—

(a)payments of prescribed amounts are made with respect to qualifying children in place of payments of child support maintenance; and

(b)arrears of child support maintenance are recovered.

[F8(3) Schedule 4C shall have effect for applying Articles 18, 19, 22 and 28ZA to 28ZC to any decision with respect to a person's liability under this Article, that is to say, his liability to make payments under regulations made by virtue of this Article.]

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F2Art. 40 substituted (22.11.2000 for certain purposes and 3.3.2003 for further certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 20, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F71986 NI 18

F81998 NI 10

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