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The Child Support (Northern Ireland) Order 1991

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  1. Introductory Text

  2. Introductory Title and commencement (1) This Order may be cited as the Child Support...

    1. Introductory

      1. 1.Title and commencement

      2. 2.Interpretation

      3. 3.Meaning of “child”

      4. 4.Meaning of certain other terms used in this Order

    2. The basic principles

      1. 5.The duty to maintain

      2. 6.Welfare of children: the general principle

      3. 7.Child support maintenance

      4. 8.Child support maintenance: supplemental provisions

      5. 9.Applications by those claiming or receiving benefit

      6. 10.Role of the courts with respect to maintenance for children

      7. 11.Agreements about maintenance

      8. 12.Relationship between maintenance [assessments] calculations and certain court orders and related matters

    3. Maintenance [assessments] calculations

      1. 13.Maintenance calculations

      2. 14.Default and interim maintenance decisions

    4. Child support officers

      1. Art. 15 rep. by 1998 NI 10

    5. Information

      1. 16.Information required by the Department

      2. 16A.Information - offences

      3. 17.Powers of inspectors

    6. Reviews and appeals

      1. 18. Revision of decisions

      2. 19.Decisions superseding earlier decisions

      3. 22.Appeals to appeal tribunals

      4. 24.Matters concerning Child Support Commissioners

      5. 24A.Redetermination of appeals

      6. 25.Appeal to Child Support Commissioner

      7. 26.Appeal from Child Support Commissioner on question of law

      8. 27.Disputes about parentage

      9. 27A.Recovery of fees for scientific tests

      10. 28.Applications for declaration of parentage under Matrimonial and Family Proceedings (Northern Ireland) Order 1989

    7. Decisions and appeals dependent on other cases

      1. 28ZA.Decisions involving issues that arise on appeal in other cases

      2. 28ZB.Appeals involving issues that arise on appeal in other cases

    8. Cases of error

      1. 28ZC.Restrictions on liability in certain cases of error

      2. 28ZD.Correction of errors and setting aside of decisions

    9. Departure from usual rules for determining maintenance assessments

      1. 28A.Application for a departure direction

      2. 28B.Preliminary consideration of applications

      3. 28C.Imposition of a regular payments condition

      4. 28D.Determination of applications

      5. 28E.Matters to be taken into account

      6. 28F.Departure directions

      7. 28G.Effect and duration of departure directions

      8. 28H.Departure directions: decisions and appeals

      9. 28I.Transitional provisions

    10. Voluntary Payments

      1. 28J.Voluntary Payments

    11. Collection and enforcement

      1. 29.Collection of child support maintenance

      2. 30.Collection and enforcement of other forms of maintenance

      3. 31.Deduction from earnings orders

      4. 32.Regulations about deduction from earnings orders

      5. 33.Liability orders

      6. 34.Regulations about liability orders

      7. 35.Enforcement of liability orders

      8. 36.Enforcement in Northern Ireland of English and Scottish liability orders

      9. 36A.Commitment to prison and disqualification from driving

      10. 37.Commitment to prison

      11. 37A.Disqualification from driving: further provision

      12. 38.Arrears of child support maintenance

      13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      14. 38B.Repayment of overpaid child support maintenance

    12. Special cases

      1. 39.Special cases

      2. 40.Recovery of child support maintenance by deduction from benefit

    13. Jurisdiction

      1. 41.Jurisdiction

      2. 42.Jurisdiction of courts in certain proceedings under this Order

    14. Miscellaneous and supplemental

      1. 43.Reduced benefit decisions

      2. 43A.Finality of decisions

      3. 43B.Matters arising as respects decisions

      4. 44.Fees

      5. 45.Conduct of proceedings

      6. 46.Unauthorised disclosure of information

      7. 47.Supplementary powers to make regulations

      8. 48.Regulations and orders

      9. 49.Co-ordination with Great Britain

      10. 50.Application to Crown

      11. 51.Amendments, etc.

  3. SCHEDULES

    1. SCHEDULE 1

      MAINTENANCE ASSESSMENTS

      1. PART I CALCULATION OF CHILD SUPPORT MAINTENANCE

        1. The maintenance requirement

          1. 1.(1) In this Schedule “the maintenance requirement” means the amount,...

        2. The general rule

          1. 2.(1) In order to determine the amount of any maintenance...

        3. The basic element

          1. 3.(1) The basic element shall be calculated by applying the...

        4. The additional element

          1. 4.(1) Subject to sub-paragraph (2), the additional element shall be...

        5. Assessable income

          1. 5.(1) The assessable income of an absent parent shall be...

        6. Protected income

          1. 6.(1) This paragraph applies where— (a) one or more maintenance...

        7. The minimum amount of child support maintenance

          1. 7.(1) The Department may prescribe a minimum amount for the...

        8. Housing costs

          1. 8.Where regulations under this Schedule require the Department to take...

        9. Regulations about income and capital

          1. 9.The Department may by regulations provide that, in such circumstances...

        10. References to qualifying children

          1. 10.References in this Part to “qualifying children” are to those...

      2. PART I CALCULATION OF WEEKLY AMOUNT OF CHILD SUPPORT MAINTENANCE

        1. General rule

          1. 1.(1) The weekly rate of child support maintenance is the...

        2. Basic rate

          1. 2.(1) The basic rate is the following percentage of the...

        3. Reduced rate

          1. 3.(1) A reduced rate is payable if—

        4. Flat rate

          1. 4.(1) Except in a case falling within sub-paragraph (2), a...

        5. Nil rate

          1. 5.The rate payable is nil if the non-resident parent—

        6. Apportionment

          1. 6.(1) If the non-resident parent has more than one qualifying...

        7. Shared care - basic and reduced rate

          1. 7.(1) This paragraph applies only if the rate of child...

        8. Shared care - flat rate

          1. 8.(1) This paragraph applies only if— (a) the rate of...

        9. Regulations about shared care

          1. 9.The Department may by regulations provide for—

        10. Net weekly income

          1. 10.(1) For the purposes of this Schedule, net weekly income...

        11. Regulations about rates, figures, etc.

          1. 10A.(1) The Department may by regulations provide that—

        12. Regulations about income

          1. 10B.The Department may by regulations provide that, in such circumstances...

        13. References to various terms

          1. 10C.(1) References in this Part to “qualifying children” are to...

      3. PART II GENERAL PROVISIONS ABOUT MAINTENANCE [ASSESSMENTS] CALCULATIONS

        1. Effective date of [assessment] calculation

          1. 11.(1) A [maintenance assessment] maintenance calculation shall take effect on...

        2. Form of [assessment] calculation

          1. 12.Every [maintenance assessment] maintenance calculation shall be made in such...

        3. [Assessments] Calculations where amount of child support is nil

          1. 13.The Department shall not decline to make a [ maintenance...

        4. Consolidated applications and [assessments] calculations

          1. 14.The Department may by regulations provide— (a) for two or...

        5. Separate [assessments] calculations for different periods

          1. 15.Where the Department is satisfied that the circumstances of a...

        6. Termination of [assessments] calculations

          1. 16.(1) A[maintenance assessment] maintenance calculation shall cease to have effect—...

      1. Schedules 2 and 3 rep. by 1998 NI 10

    2. SCHEDULE 4

      MATTERS CONCERNING CHILD SUPPORT COMMISSIONERS

      1. Proceedings before Child Support Commissioners

        1. 1.(1) The Lord Chancellor may make such regulations with respect...

      2. Determination of questions by other officers

        1. 1A.(1) The Lord Chancellor may by regulations provide—

      3. Tribunal of Commissioners

        1. 2.(1) If it appears to the Chief Child Support Commissioner...

      4. Finality of decisions

        1. 3.(1) Subject to Article 26 the decision of any Child...

      5. Expenses of persons required to attend proceedings

        1. 3A.(1) The Lord Chancellor may pay to any person who...

      6. Pensions

        1. 4.The Lord Chancellor may pay, or make such payments towards...

    3. SCHEDULE 4A

      DEPARTURE DIRECTIONS

      1. Interpretation

        1. 1.In this Schedule— “departure application” means an application for a...

      2. Applications for departure directions

        1. 2.Regulations may make provision— (a) as to the procedure to...

      3. Completion of preliminary consideration

        1. 3.Regulations may provide for determining when the preliminary consideration of...

      4. Information

        1. 4.(1) Regulations may make provision for the use for any...

      5. Anticipation of change of circumstances

        1. 5.(1) A departure direction may be given so as to...

        2. Para. 6 rep. by 1998 NI 10

      6. Subsequent departure directions

        1. 7.(1) Regulations may make provision with respect to any departure...

      7. Joint consideration of departure applications and appeals

        1. 8.(1) Regulations may provide for two or more departure applications...

      8. Appeal tribunals

        1. 9.(1) Regulations may provide that, in prescribed circumstances, where—

      9. Current assessments which are replaced by fresh assessments

        1. 10.Regulations may make provision as to the circumstances in which...

    4. SCHEDULE 4B

      DEPARTURE DIRECTIONS: THE CASES AND CONTROLS

      1. PART I THE CASES

        1. General

          1. 1.(1) The cases in which a departure direction may be...

        2. Special expenses

          1. 2.(1) A departure direction may be given with respect to...

        3. Property or capital transfers

          1. 3.(1) A departure direction may be given if—

          2. 4.(1) A departure direction may be given if—

        4. Additional cases

          1. 5.(1) The Department may by regulations prescribe other cases in...

      2. PART II REGULATORY CONTROLS

        1. 6.(1) The Department may by regulations make provision with respect...

    5. SCHEDULE 4C

      DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS, ETC.

      1. Revision of decisions

        1. 1.Article 18 shall apply in relation to—

      2. Decisions superseding earlier decisions

        1. 2.(1) Article 19 shall apply in relation to—

      3. Appeals to appeal tribunals

        1. 3.(1) Subject to sub-paragraphs (2) and (3), Article 22 shall...

      4. Decisions and appeals dependent on other cases

        1. 4.(1) Article 28ZA shall also apply where—

        2. 5.(1) Article 28ZB shall also apply where—

      5. Cases of error

        1. 6.(1) Subject to sub-paragraph (2), Article 28ZC shall also apply...

      1. Schedule 5—Amendments

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