The Child Support (Northern Ireland) Order 1991

Changes over time for: Cross Heading: Termination of [assessments] calculations

Alternative versions:

01/01/2006- Amendment

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Child Support (Northern Ireland) Order 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Order applied by S.R. 2014/191 reg. 7(1)
Order applied in part (with modifications) by S.R. 2010/312 reg. 16 Sch. 2
Order power to apply (with modifications) conferred by 2008 c. 10 (N.I.) s. 3(4)
Order transfer of functions by S.I. 2010/976 Sch. 17 para. 42
Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(a)
Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(b)

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 1 para. 9(1) Sch. 1 para. 9 renumbered as Sch. 1 para. 9(1) by 2008 c. 10 (N.I.) Sch. 1 para. 8(1)
Sch. 1 para. 9(2) added by 2008 c. 10 (N.I.) Sch. 1 para. 8(4)
Sch. 1 para. 5A and cross-heading inserted by 2008 c. 10 (N.I.) Sch. 1 para. 5(2)
Sch. 1 para. 9(1)(ba) inserted by 2008 c. 10 (N.I.) Sch. 1 para. 8(3)
Sch. 1 para. 9(1)(za) inserted by 2008 c. 10 (N.I.) Sch. 1 para. 8(2)
Sch. 1 para. 5A(2) modified by S.R. 2012/428 reg. 3
Sch. 1 para. 5A(2) modified by S.R. 2013/190 reg. 2
Sch. 1 Pt. 1 words substituted by 2008 c. 10 (N.I.) Sch. 1 para. 2
Sch. 1 Pt. 1 para. 10C(5A) omitted by S.I. 2019/1514 reg. 64(5)(b)
Sch. 1 Pt. 1 para. 10C(5) substituted for Sch. 1 Pt. 1 para. 10C(5)(6) by S.I. 2019/1514 reg. 64(4)
Sch. 1 Pt. 1 para. 6(5)(b)(i)(ii) substituted for Sch. 1 Pt. 1 para. 6(5)(b)(i)-(iii) by S.I. 2019/1514 reg. 64(5)(a)
Sch. 1 Pt. 1 para. 5(4) words inserted by 2007 c. 2 (N.I.) Sch. 3 para. 2(8)
art. 2(3) added by 2008 c. 10 (N.I.) Sch. 4 para. 1(3)
art. 4(4)(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 16
art. 7(2A) inserted by S.I. 2015/2006 (N.I.) art. 127(2)(b)
art. 7(3A)-(3C) inserted by 2023 c. 24 s. 4(2)(a)
art. 7(4)(d) and word inserted by 2023 c. 24 s. 4(2)(b)(ii)
art. 11(2A) inserted by S.I. 2015/2006 (N.I.) art. 126(1)
art. 11(6)(a)(b) and word repealed by 2008 c. 10 (N.I.) Sch. 5
art. 11A inserted by S.I. 2015/2006 (N.I.) art. 128
art. 16A(3A) inserted by 2008 c. 10 (N.I.) s. 27(1)
art. 16A(3A) substituted by 2010 c. 13 (N.I.) s. 32(2)
art. 16A(6) added by 2010 c. 13 (N.I.) s. 32(3)
art. 19(1)(c) repealed by 2008 c. 10 (N.I.) Sch. 5
art. 22(1)(ba) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(5)
art. 22(2)(aa) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(6)
art. 22(2A)-(2C) inserted by S.I. 2015/2006 (N.I.) Sch. 11 para. 2
art. 22(3A)-(3C) inserted by S.I. 2015/2006 (N.I.) Sch. 11 para. 3
art. 22(5A) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(7)
art. 22(7A) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(8)
art. 27(2)(b) words substituted by S.I. 2019/1514 reg. 64(2)
art. 27(2)(b) words substituted by S.I. 2019/1514 reg. 64(2)
art. 28D(2A) (2B) inserted by 2008 c. 10 (N.I.) s. 10(2)
art. 28F(4)(a) words repealed by 2008 c. 10 (N.I.) Sch. 5
art. 29(3)(c) (ca) substituted for art. 29(3)(c) by 2010 c. 13 (N.I.) s. 31(2)
art. 29(3A) inserted by 2010 c. 13 (N.I.) s. 31(3)
art. 29(4)-(7) added by 2008 c. 10 (N.I.) s. 12
art. 29(4)-(7) excluded by S.R. 2016/390 reg. 6(1)
art. 31(8) (9) substituted for art. 31(8) by 2008 c. 10 (N.I.) s. 13
art. 32A-32D inserted by 2008 c. 10 (N.I.) s. 14
art. 32E-32K inserted by 2008 c. 10 (N.I.) s. 15
art. 32G(1) restricted by SR 1992/390 reg. 25N (as inserted) by S.R. 2009/286 reg. 2
art. 32H(2)(b) restricted by SR 1992/390 reg. 25N (as inserted) by S.R. 2009/286 reg. 2
art. 32L inserted by 2008 c. 10 (N.I.) s. 16
art. 32L(5) words inserted by S.I. 2019/1514 reg. 64(3)
art. 32M 32N inserted by 2008 c. 10 (N.I.) s. 17
art. 36B-36F inserted by 2008 c. 10 (N.I.) s. 18
art. 36G-36O inserted by 2008 c. 10 (N.I.) s. 19
art. 37(2A)-(2C) inserted by 2008 c. 10 (N.I.) s. 20(1)
art. 37(10)-(10C) substituted for art. 37(10) by 2008 c. 10 (N.I.) s. 20(2)
art. 37(12) added by 2008 c. 10 (N.I.) Sch. 4 para. 1(14)
art. 37A(A1)-(A4) (1) substituted for art. 37A(1) by 2008 c. 10 (N.I.) s. 21(1)
art. 37A(10)-(10C) substituted for art. 37A(10) by 2008 c. 10 (N.I.) s. 21(2)
art. 37A(12) added by 2008 c. 10 (N.I.) Sch. 4 para. 1(17)
art. 38A(5)(c) (d) repealed by 2008 c. 10 (N.I.) Sch. 4 para. 1(29)(a)
art. 38C inserted by 2008 c. 10 (N.I.) s. 22
art. 38D inserted by 2008 c. 10 (N.I.) s. 23
art. 38E inserted by 2008 c. 10 (N.I.) s. 24
art. 39(2)(g) added by 2008 c. 10 (N.I.) s. 28
art. 40A inserted by 2008 c. 10 (N.I.) s. 29
art. 41(4)(5) inserted by S.I. 2011/1484 Sch. 7 para. 22
art. 41(4) omitted by S.I. 2019/519 Sch. para. 20(a)
art. 41(5) omitted by S.I. 2019/519 Sch. para. 20(b)
art. 45A inserted by 2008 c. 10 (N.I.) s. 25
art. 45B 45C inserted by 2008 c. 10 (N.I.) s. 30
art. 45D inserted by 2008 c. 10 (N.I.) s. 31
art. 46(1A)-(1C) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(19)
art. 47A inserted by 2008 c. 10 (N.I.) s. 32
art. 47A(6) inserted by S.I. 2015/2006 (N.I.) Sch. 11 para. 4
art. 48(2B) inserted by 2008 c. 10 (N.I.) Sch. 4 para. 1(22)

Termination of [F1assessments] [F2calculations]N.I.

F1Word in Sch. 1 para. 16 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 para. 16 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.

16.—(1) A[F3maintenance assessment] [F4maintenance calculation] shall cease to have effect—N.I.

(a)on the death of the [F5absent parent] [F6non-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 [F7absent parent] [F8non-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)[F9where the [F10absent parent] [F11non-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)[F12where a new [F13maintenance assessment] [F14maintenance calculation] is made with respect to any qualifying child with respect to whom the [F15assessment] [F16calculation] in question was in force immediately before the making of the new [F17assessment] [F18calculation].]

[F19(2) [F20A [F21maintenance assessment] [F22maintenance calculation] made in response to an application under Article 7 shall be cancelled by the Department if the person on whose application the [F23assessment] [F24calculation] was made asks the Department to do so.]

(3) [F25A [F26maintenance assessment] [F27maintenance calculation] made in response to an application under Article 9 shall be cancelled by the Department if—

(a)the person on whose application the [F28assessment] [F29calculation] 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) [F30Where the Department is satisfied that the person with care with respect to whom a [F31maintenance assessment] [F32maintenance 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 [F33assessment] [F34calculation] was made, the Department may cancel the [F35assessment] [F36calculation] with effect from the date on which, in its opinion, the change of circumstances took place.]

(5) [F37A [F38maintenance assessment] [F39maintenance 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[F40maintenance assessment] [F41maintenance 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 [F42maintenance assessment] [F43maintenance calculation] in question was made in response to an application under Article 9, that the person with care with respect to whom the [F44assessment] [F45calculation] was made has ceased to fall within paragraph (1) of that Article.]

(6) [F46Where—

(a)at any time a [F47maintenance assessment] [F48maintenance 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 [F49assessment] [F50calculation] 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) [F51Where both the [F52absent parent] [F53non-resident parent] and the person with care with respect to whom a [F54maintenance assessment] [F55maintenance calculation] was made request the Department to cancel the [F56assessment] [F57calculation], the Department may do so if it is satisfied that they are living together.]

(8) [F58Any cancellation of a [F59maintenance assessment] [F60maintenance calculation] under sub-paragraph (5), (6) or (7) shall have effect from such date as may be determined by the Department.]

(9) [F61Where the Department cancels a [F62maintenance assessment] [F63maintenance calculation] , it shall immediately notify the [F64absent parent] [F65non-resident parent] and person with care, so far as that is reasonably practicable.]

(10) [F66Any 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 [F67maintenance assessment] [F68maintenance 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 [F69assessment] [F70calculation] has ceased to have effect[F71, 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.]

F3Words in Sch. 1 para. 16(1) 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)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.

F4Words in Sch. 1 para. 16(1) 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)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.

F5Words in Sch. 1 para. 16(1)(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.

F6Words in Sch. 1 para. 16(1)(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.

F7Words in Sch. 1 para. 16(1)(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.

F8Words in Sch. 1 para. 16(1)(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.

F9Sch. 1 para. 16(1)(d) repealed (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 67, 68(2), Sch. 3 para. 28(c)(i), Sch. 9 Pt. I; S.R. 2003/53, art. 3(1), Sch.