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The Child Support (Northern Ireland) Order 1991

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Changes over time for: Cross Heading: Maintenance [assessments] calculations

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Maintenance [F1assessments] [F2calculations]N.I.

F1Word in 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 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.

[F3Maintenance calculationsN.I.

13.—(1) An application for a maintenance calculation made to the Department shall be dealt with by it in accordance with the provision made by or under this Order.

(2) The Department shall (unless it decides not to make a maintenance calculation in response to the application, or makes a decision under Article 14) determine the application by making a decision under this Article about whether any child support maintenance is payable and, if so, how much.

(3) Where—

(a)a parent is treated under Article 9(3) as having applied for a maintenance calculation; but

(b)the Department becomes aware before determining the application that the parent has ceased to fall within Article 9(1),

it shall, subject to paragraph (4), cease to treat that parent as having applied for a maintenance calculation.

(4) If it appears to the Department that paragraph (10) of Article 7 would not have prevented the parent with care concerned from making an application for a maintenance calculation under that Article it shall—

(a)notify that parent of the effect of this paragraph; and

(b)if, before the end of the period of one month beginning with and including the day on which notice was sent to the parent with care, that parent asks the Department to do so, treat that parent as having applied not under Article 9 but under Article 7.

(5) Where paragraph (3) applies but paragraph (4) does not, the Department shall notify—

(a)the parent with care concerned; and

(b)the non-resident parent (or alleged non-resident parent), where it appears to the Department that that person is aware that the parent with care has been treated as having applied for a maintenance calculation.

(6) The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.

(7) If the Department has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis it determines under Article 28F(4).

(8) Part II of Schedule 1 makes further provision with respect to maintenance calculations.]

F5Maintenance [F6assessments] [F7calculations]N.I.

13.—(1) Any application for a [F8maintenance assessment] [F9maintenance calculation] made to the Department shall be[F10 dealt with by it] in accordance with the provision made by or under this Order.

[F11(1A) Where—

(a)an application for a [F12maintenance assessment] [F13maintenance calculation] is made under Article 9, but

(b)the Department becomes aware,[F10 before determining the application], that the claim mentioned in paragraph (1) of that Article has been disallowed or withdrawn, the Department shall, subject of paragraph (1B), treat the application as if it had not been made.

(1B) If it appears to the Department that paragraph (10) of Article 7 would not have prevent the parent with care concerned from making an application for a [F14maintenance assessment] [F15maintenance calculation] under that Article the Department shall—

(a)notify that parent of the effect of this paragraph, and

(b)if, before the end of the period of 28 days beginning with the day on which notice was sent to that parent, that parent asks the Department to do so, treat the application as having been made not under Article 9 but under Article 7.

(1C) Where the application is not preserved under paragraph (1B) (and so is treated as not having been made) the Department shall notify—

(a)the parent with care concerned; and

(b)the [F16absent parent] [F17non-resident parent] (or alleged [F18absent parent] [F19non-resident parent]), where it appears to him that that person is aware of the application.]

(2) The amount of child support maintenance to be fixed by any [F20maintenance assessment] [F21maintenance calculation] shall be determined in accordance with the provisions of Part I of Schedule 1.

(3) Part II of Schedule 1 makes further provision with respect to maintenance [F22assessments] [F23calculations].

F6Word in art. 13 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.

F7Word in art. 13 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.

[F4Default and interim maintenance decisionsN.I.

14.—(1) Where the Department—

(a)is required to make a maintenance calculation; or

(b)is proposing to make a decision under Article 18 or 19,

and it appears to the Department that it does not have sufficient information to enable it to do so, it may make a default maintenance decision.

(2) Where an application for a variation has been made under Article 28A(1) in connection with an application for a maintenance calculation (or in connection with such an application which is treated as having been made), the Department may make an interim maintenance decision.

(3) The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.

(4) The Department may by regulations make provision as to default and interim maintenance decisions.

(5) The regulations may, in particular, make provision as to—

(a)the procedure to be followed in making a default or an interim maintenance decision; and

(b)a default rate of child support maintenance to apply where a default maintenance decision is made.]

F4Art. 14 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. 4, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F24Interim maintenance [F25assessments] [F26calculations]N.I.

14.—[F27(1) Where the Department—

(a)is required to make a [F28maintenance assessment] [F29maintenance calculation]; or

(b)is proposing to make a decision under Article 18 or 19,

and (in either case) it appears to the Department that it does not have sufficient information to enable it to do so, the Department may make an interim [F30maintenance assessment] [F31maintenance calculation].]

(2) The Department may by regulations make provision as to interim maintenance [F32assessments] [F33calculations].

(3) The regulations may, in particular, make provision as to—

(a)the procedure to be followed in making an interim [F34maintenance assessment] [F35maintenance calculation]; and

(b)the basis on which the amount of child support maintenance fixed by an interim [F36assessment] [F37calculation] is to be calculated.

(4) Before making any interim [F38assessment] [F39calculation][F27the Department] shall, if it is reasonably practicable to do so, give written notice of [F27its] intention to make such [F40an assessment] [F41a calculation] to—

(a)the [F42absent parent] [F43non-resident parent] concerned; and

(b)the person with care concerned.

(5) Where [F27the Department] serves notice under paragraph (4), [F27it] shall not make the proposed interim [F44assessment] [F45calculation] before the end of such period as may be prescribed.

F24Art. 14 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. 4, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F25Word in art. 14 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.

F26Word in art. 14 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.

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