The Child Support (Northern Ireland) Order 1991, Section 38B is up to date with all changes known to be in force on or before 02 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.
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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