The Child Support (Northern Ireland) Order 1991

Changes over time for: Section 7

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Changes to legislation:

The Child Support (Northern Ireland) Order 1991, Section 7 is up to date with all changes known to be in force on or before 15 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.

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Changes and effects yet to be applied to Article 7:

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

Child support maintenanceN.I.

7.—(1) A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the [F1non-resident parent] may apply to the Department for a [F2maintenance calculation] to be made under this Order with respect to that child, or any of those children.

(2) Where a [F3maintenance calculation] has been made in response to an application under this Article the Department may, if the persons with care F4... applies to it under this paragraph, arrange for—

(a)the collection of the child support maintenance payable in accordance with the [F5calculation];

(b)the enforcement of the obligation to pay child support maintenance in accordance with the [F6calculation].

[F7(2A) The Department may only make arrangements under paragraph (2)(a) if—

(a)the non-resident parent agrees to the arrangements, or

(b)the Department is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.]

(3) Where an application under paragraph (2) for the enforcement of the obligation mentioned in paragraph (2)(b) authorises the Department to take steps to enforce that obligation whenever it considers it necessary to do so, the Department may act accordingly.

[F8(3A) Where a maintenance calculation has been made in response to an application under this Article, the Department may, if the person with care or the non-resident parent applies to the Department under this paragraph, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant abusive behaviour that it is appropriate for such arrangements to be made.

(3B) For the purposes of paragraph (3A), “relevant abusive behaviour” means—

(a)where the application under paragraph (3A) is made by the person with care, behaviour of the non-resident parent that is abusive of the person with care or of any child living in the same household with the person with care;

(b)where the application under paragraph (3A) is made by the non-resident parent, behaviour of the person with care that is abusive of the non-resident parent or of any child living in the same household with the non-resident parent.

(3C) What amounts to abusive behaviour for the purposes of paragraph (3B) is to be construed in the same way as is provided for in Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see sections 2, 3(2) and 4 of that Act).]

(4) A person who applies to the Department under this Article shall, so far as that person reasonably can, comply with such regulations as may be made by the Department with a view to the Department F9. . . being provided with the information which is required to enable—

(a)the [F10non-resident parent] to be[F11 identified or] traced (where that is necessary);

(b)the amount of child support maintenance payable by the [F12non-resident parent] to be [F13calculated]; F14...

(c)that amount to be recovered from the [F15non-resident parent] [F16; and

(d)the making by the Department of a determination for the purposes of paragraph (3A).]

(5) Any person who has applied to the Department under this Article may at any time request it to cease acting under this Article.

(6) It shall be the duty of the Department to comply with any request made under paragraph (5) (but subject to any regulations made under paragraph (8)).

(7) The obligation to provide information which is imposed by paragraph (4)—

(a)shall not apply in such circumstances as may be prescribed; and

(b)may, in such circumstances as may be prescribed, be waived by the Department.

(8) The Department may by regulations make such incidental, supplemental or transitional provision as it thinks appropriate with respect to cases in which it is requested to cease to act under this Article.

F17(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(10) No application may be made at any time under this Article with respect to a qualifying child or any qualifying children if—

(a)there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F19made before a prescribed date], in respect of that child or those children and the person who is, at that time, the [F20non-resident parent]; or

[F21(aa)a maintenance order made on or after the date prescribed for the purposes of sub-paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with and including the date on which it was made;]F22...

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F1Words in art. 7(1) 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.

F2Words in art. 7(1) 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.

F3Words in art. 7(2) 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. 7(2) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 127(2)(a); S.R. 2016/46, art. 3(5)(a) (with art. 2)

F5Word in art. 7(2)(a) substituted (3.3.2003 for specified purposes) 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.

F6Word in art. 7(2)(b) substituted (3.3.2003 for specified purposes) 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.

F7Art. 7(2A) inserted (19.7.2023) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 127(2)(b); S.R. 2023/111, art. 2(2)

F8Art. 7(3A)-(3C) inserted (19.7.2023) by Child Support Collection (Domestic Abuse) Act 2023 (c. 24), ss. 4(2)(a), 5(5); S.R. 2023/111, art. 2(2)

F9S.I. 1998/1506 (N.I. 10)

F10Words in art. 7(4)(a) 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.