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The Child Support(Northern Ireland) Order 1991


This is the original version (as it was originally made).

Reviews on change of circumstances

19.—(1) Where a maintenance assessment is in force the absent parent or person with care with respect to whom it was made may apply to the Department for the amount of child support maintenance fixed by that assessment (“the original assessment”) to be reviewed under this Article.

(2) An application under this Article may be made only on the ground that, by reason of a change of circumstance since the original assessment was made, the amount of child support maintenance payable by the absent parent would be significantly different if it were to be fixed by a maintenance assessment made by reference to the circumstances of the case as at the date of the application.

(3) The child support officer to whom an application under this Article has been referred shall not proceed unless, on the information before him, he considers that it is likely that he will be required by paragraph (6) to make a fresh assessment if he conducts the review applied for.

(4) Before conducting any review under this Article, the child support officer concerned shall give to such persons as may be prescribed, such notice of the proposed review as may be prescribed.

(5) A review shall be conducted under this Article as if a fresh application for a maintenance assessment had been made by the person in whose favour the original assessment was made.

(6) On completing any review under this Article, the child support officer concerned shall make a fresh maintenance assessment, unless—

(a)he is satisfied that the original assessment has ceased to have effect or should be brought to an end; or

(b)the difference between the amount of child support maintenance fixed by the original assessment and the amount that would be fixed if a fresh assessment were to be made as a result of the review is less than such amount as may be prescribed.

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