The Child Support (Northern Ireland) Order 1991, Section 28E is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
28E.—(1) In determining [F2whether to agree to a variation], the Department shall have regard both to the general principles set out in paragraph (2) and to such other considerations as may be prescribed.
(2) The general principles are that—
(a)parents should be responsible for maintaining their children whenever they can afford to do so;
(b)where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.
(3) In determining [F3whether to agree to a variation], the Department shall take into account any representations made to it by the person with care or [F4non-resident parent] concerned.
(4) In determining [F5whether to agree to a variation], no account shall be taken of the fact that—
(a)any part of the income of the person with care concerned is, or would be if [F6the Department agreed to a variation], derived from any benefit; or
(b)some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.
(5) In this Article “benefit” has such meaning as may be prescribed.]
F2Words in art. 28E(1) substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(4)(a), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
F3Words in art. 28E(3) substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(4)(a), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
F4Words in Order substituted (3.3.2003 for specified purposes) 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.
F5Words in art. 28E(4) substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(4)(a), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
F6Words in art. 28E(4)(a) substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(4)(b), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
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