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The Child Support (Northern Ireland) Order 1991
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Changes to legislation:
The Child Support (Northern Ireland) Order 1991, Section 38B is up to date with all changes known to be in force on or before 22 February 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 38B:
- Sch. 1 para. 5A(2) modified by S.R. 2012/428 reg. 3
- art. 4(4)(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 16
- art. 11(2A) inserted by S.I. 2015/2006 (N.I.) art. 126(1)
- art. 11A inserted by S.I. 2015/2006 (N.I.) art. 128
- 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(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. 31(8) (9) substituted for art. 31(8) by 2008 c. 10 (N.I.) s. 13
- 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(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. 45A inserted by 2008 c. 10 (N.I.) s. 25
- art. 45B 45C inserted by 2008 c. 10 (N.I.) s. 30
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 5A(2) modified by S.R. 2012/428 reg. 3
- art. 4(4)(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 16
- art. 11(2A) inserted by S.I. 2015/2006 (N.I.) art. 126(1)
- art. 11A inserted by S.I. 2015/2006 (N.I.) art. 128
- 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(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. 31(8) (9) substituted for art. 31(8) by 2008 c. 10 (N.I.) s. 13
- 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(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. 45A inserted by 2008 c. 10 (N.I.) s. 25
- art. 45B 45C inserted by 2008 c. 10 (N.I.) s. 30
[F1Repayment of overpaid child support maintenanceN.I.
38B.—(1) This Article applies where it appears to the Department that [F2a non-resident parent] has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that—
(a)it would not be possible for the [F2non-resident parent] to recover the amount of overpayment by way of an adjustment of the amount payable under a [F3maintenance calculation]; or
(b)it would be inappropriate to rely on an adjustment of the amount payable under a [F4maintenance calculation] as the means of enabling the [F2non-resident parent] to recover the amount of the overpayment.
[F5(1A) This Article also applies where the non-resident parent has made a voluntary payment and it appears to the Department—
(a)that he is not liable to pay child support maintenance; or
(b)that he is liable, but some or all of the payment amounts to an overpayment,
and, in a case falling within sub-paragraph (b), it also appears to the Department that paragraph (1)(a) or (b) applies.]
(2) The Department may make such payment to the [F2non-resident parent] by way of reimbursement, or partial reimbursement, of the overpayment as the Department considers appropriate.
(3) Where the Department has made a payment under this Article the Department may, in such circumstances as may be prescribed, require the relevant person to pay to it the whole, or a specified proportion, of the amount of that payment.
(4) Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Department wishes to recover from him.
(5) Any sum which a person is required to pay to the Department under this Article shall be recoverable from him by the Department as a debt due to the Crown.
(6) The Department may by regulations make provision in relation to any case in which—
(a)one or more overpayments of child support maintenance are being reimbursed to the Department by the relevant person; and
(b)child support maintenance has continued to be payable by the [F2non-resident parent] concerned to the person with care concerned, or again becomes so payable.
[F6(7) For the purposes of this Article—
(a)a payment made by a person under a maintenance calculation which was not validly made; and
(b)a voluntary payment made in the circumstances set out in paragraph (1A)(a),
shall be treated as overpayments of child support maintenance made by a non-resident parent.]
(8) In this Article “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made.
(9) Any sum recovered by the Department under this Article shall be paid by the Department into the Consolidated Fund.]
F2Words 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.
F3Words in art. 38B(1)(a) substituted (3.3.2003 for specified purposes) 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 art. 38B(1)(b) substituted (3.3.2003 for specified purposes) 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.
F5Art. 38B(1A) inserted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 19(3), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 5
F6Art. 38B(7) 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. 19(4), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 5
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