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The Child Support (Northern Ireland) Order 1991

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PART IIN.I.GENERAL PROVISIONS ABOUT MAINTENANCE [F1ASSESSMENTS] [F2CALCULATIONS]

F1Word in Sch. 1 Pt. II heading 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.

F2Word in Sch. 1 Pt. II heading 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.

Effective date of [F3assessment] [F4calculation]N.I.

F3Word in Sch. 1 para. 11 heading 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.

F4Word in Sch. 1 para. 11 heading 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.

11.—(1) A [F5maintenance assessment] [F6maintenance calculation] shall take effect on such date as may be determined in accordance with regulations made by the Department.N.I.

(2) That date may be earlier than the date on which the [F7assessment] [F8calculation] is made.

Form of [F9assessment] [F10calculation]N.I.

F9Word in Sch. 1 para. 12 heading 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.

12.  Every [F11maintenance assessment] [F12maintenance calculation] shall be made in such form and contain such information as the Department may direct.N.I.

[F13Assessments] [F14Calculations] where amount of child support is nilN.I.

   

13.  [F15[F16The Department] shall not decline to make a [F17maintenance assessment] [F18maintenance calculation] only on the ground that the amount of the [F19assessment] [F20calculation] is nil.]

Consolidated applications and [F21assessments] [F22calculations]N.I.

14.  F23The Department may by regulations provide—N.I.

(a)for two or more applications for maintenance assessments to be treated, in prescribed circumstances, as a single application; and

(b)for the replacement, in prescribed circumstances, of a maintenance assessment made on the application of one person by a later maintenance assessment made on the application of that or any other person.

F23prosp. in pt. added by 2000 c.4 (NI)

Separate [F24assessments] [F25calculations] for different periodsN.I.

15.  Where[F26 the Department] is satisfied that the circumstances of a case require different amounts of child support maintenance to be [F27assessed] [F28calculated] in respect of different periods,[F26 it] may make separate maintenance [F29assessments] [F30calculations] each expressed to have effect in relation to a different specified period.N.I.

Termination of [F31assessments] [F32calculations]N.I.

16.—(1) A[F33maintenance assessment] [F34maintenance calculation] shall cease to have effect—N.I.

(a)on the death of the [F35absent parent] [F36non-resident parent], or of the person with care, with respect to whom it was made;

(b)on there no longer being any qualifying child with respect to whom it would have effect;

(c)on the [F37absent parent] [F38non-resident parent] with respect to whom it was made ceasing to be a parent of—

(i)the qualifying child with respect to whom it was made; or

(ii)where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;

(d)[F39where the [F40absent parent] [F41non-resident parent] and the person with care with respect to whom it was made have been living together for a continuous period of six months;]

(e)[F42where a new [F43maintenance assessment] [F44maintenance calculation] is made with respect to any qualifying child with respect to whom the [F45assessment] [F46calculation] in question was in force immediately before the making of the new [F47assessment] [F48calculation].]

[F49(2) [F50A [F51maintenance assessment] [F52maintenance calculation] made in response to an application under Article 7 shall be cancelled by the Department if the person on whose application the [F53assessment] [F54calculation] was made asks the Department to do so.]

(3) [F55A [F56maintenance assessment] [F57maintenance calculation] made in response to an application under Article 9 shall be cancelled by the Department if—

(a)the person on whose application the [F58assessment] [F59calculation] was made ( “the applicant”) asks it to do so; and

(b)the Department is satisfied that the applicant has ceased to fall within paragraph (1) of that Article.]

(4) [F60Where the Department is satisfied that the person with care with respect to whom a [F61maintenance assessment] [F62maintenance calculation] was made has ceased to be a person with care in relation to the qualifying child, or any of the qualifying children, with respect to whom the [F63assessment] [F64calculation] was made, the Department may cancel the [F65assessment] [F66calculation] with effect from the date on which, in its opinion, the change of circumstances took place.]

(5) [F67A [F68maintenance assessment] [F69maintenance calculation] may be cancelled by the Department if it is proposing to make a decision under Article 18 or 19 and it appears to the Department—

(a)that the person with care with respect to whom the[F70maintenance assessment] [F71maintenance calculation] in question was made has failed to provide the Department with sufficient information to enable it to make the decision; and

(b)where the [F72maintenance assessment] [F73maintenance calculation] in question was made in response to an application under Article 9, that the person with care with respect to whom the [F74assessment] [F75calculation] was made has ceased to fall within paragraph (1) of that Article.]

(6) [F76Where—

(a)at any time a [F77maintenance assessment] [F78maintenance calculation] is in force but the Department would no longer have jurisdiction to make it if it were to be applied for at that time; and

(b)the [F79assessment] [F80calculation] has not been cancelled, or has not ceased to have effect under any other provision made by or under this Order,

it shall be taken to have continuing effect unless cancelled by the Department in accordance with such prescribed provision (including provision as to the effective date of cancellation) as the Department considers it appropriate to make.]

(7) [F81Where both the [F82absent parent] [F83non-resident parent] and the person with care with respect to whom a [F84maintenance assessment] [F85maintenance calculation] was made request the Department to cancel the [F86assessment] [F87calculation], the Department may do so if it is satisfied that they are living together.]

(8) [F88Any cancellation of a [F89maintenance assessment] [F90maintenance calculation] under sub-paragraph (5), (6) or (7) shall have effect from such date as may be determined by the Department.]

(9) [F91Where the Department cancels a [F92maintenance assessment] [F93maintenance calculation] , it shall immediately notify the [F94absent parent] [F95non-resident parent] and person with care, so far as that is reasonably practicable.]

(10) [F96Any notice under sub-paragraph (9) shall specify the date with effect from which the cancellation took effect.]

(11) A person with care with respect to whom a [F97maintenance assessment] [F98maintenance calculation] is in force shall provide the Department with such information, in such circumstances, as may be prescribed, with a view to assisting the Department in determining whether the [F99assessment] [F100calculation] has ceased to have effect[F101, or should be cancelled].

(12) The Department may by regulations make such supplemental, incidental or transitional provision as it thinks necessary or expedient in consequence of the provisions of this paragraph.]

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