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The Child Support (Northern Ireland) Order 1991

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  1. Introductory Text

  2. Introductory

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Meaning of “child”

    4. 4.Meaning of certain other terms used in this Order

  3. The basic principles

    1. 5.The duty to maintain

    2. 6.Welfare of children: the general principle

    3. 7.Child support maintenance

    4. 8.Child support maintenance: supplemental provisions

    5. 9.Applications by those claiming or receiving benefit

    6. 10.Role of the courts with respect to maintenance for children

    7. 11.Agreements about maintenance

    8. 12.Relationship between maintenance calculations and certain court orders and related matters

  4. Maintenance calculations

    1. 13.Maintenance calculations

    2. 14.Default and interim maintenance decisions

  5. Child support officers

    1. Art. 15 rep. by S.I. 1998/1506 (N.I. 10)

  6. Information

    1. 16.Information required by the Department

    2. 16A.Information - offences

    3. 17.Powers of inspectors

  7. Reviews and appeals

    1. 18.Revision of decisions

    2. 19.Decisions superseding earlier decisions

    3. 20.Reviews of decisions of child support officers

    4. 21.Reviews at instigation of child support officers

    5. 22.Appeals to appeal tribunals

    6. 22A.Lapse of appeals

    7. 23.Child support appeal tribunals

    8. 24.Matters concerning Child Support Commissioners

    9. 24A.Redetermination of appeals

    10. 25.Appeal to Child Support Commissioner

    11. 26.Appeal from Child Support Commissioner on question of law

    12. 27.Disputes about parentage

    13. 27A.Recovery of fees for scientific tests

    14. 28.Applications for declaration of parentage under Matrimonial and Family Proceedings (Northern Ireland) Order 1989

  8. Decisions and appeals dependent on other cases

    1. 28ZA.Decisions involving issues that arise on appeal in other cases

    2. 28ZB.Appeals involving issues that arise on appeal in other cases

  9. Cases of error

    1. 28ZC.Restrictions on liability in certain cases of error

    2. 28ZD.Correction of errors and setting aside of decisions

  10. Variations

    1. 28A.Application for variation of usual rules for calculating maintenance

    2. 28B.Preliminary consideration of applications

    3. 28C.Imposition of regular payments condition

    4. 28D.Determination of applications

    5. 28E.Matters to be taken into account

    6. 28F.Agreement to a variation

    7. 28G.Variations: revision and supersession

    8. 28H.Departure directions: decisions and appeals

    9. 28I.Transitional provisions

  11. Voluntary Payments

    1. 28J.Voluntary Payments

  12. Collection and enforcement

    1. 29.Collection of child support maintenance

    2. 30.Collection and enforcement of other forms of maintenance

    3. 31.Deduction from earnings orders

    4. 32.Regulations about deduction from earnings orders

    5. 32A.Orders for regular deductions from accounts

    6. 32B.Orders under Article 32A: joint accounts

    7. 32C.Regulations about orders under Article 32A

    8. 32D.Orders under Article 32A: offences

    9. 32E.Lump sum deductions: interim orders

    10. 32F.Lump sum deductions: final order

    11. 32G.Orders under Articles 32E and 32F: freezing of accounts etc.

    12. 32H.Orders under Article 32F: deductions and payments

    13. 32I.Power to disapply Articles 32G(1) and (2) and 32H(2)(b) and (4)(b)

    14. 32J.Regulations about orders under Article 32E or 32F

    15. 32K.Lump sum deduction orders: offences

    16. 32L.Orders preventing avoidance

    17. 33.Liability orders

    18. 34.Regulations about liability orders

    19. 35.Enforcement of liability orders

    20. 36.Enforcement in Northern Ireland of English and Scottish liability orders

    21. 36A.Commitment to prison and disqualification from driving

    22. 37.Commitment to prison

    23. 37A.Disqualification from driving: further provision

    24. 38.Arrears of child support maintenance

    25. 38A.Penalty payments

    26. 38B.Repayment of overpaid child support maintenance

    27. 38C.Power to treat liability as satisfied

    28. 38D.Power to accept part payment of arrears in full and final satisfaction

    29. 38E.Power to write off arrears

  13. Special cases

    1. 39.Special cases

    2. 40.Recovery of child support maintenance by deduction from benefit

    3. 40A.Recovery of arrears from deceased's estate

  14. Jurisdiction

    1. 41.Jurisdiction

    2. 42.Jurisdiction of courts in certain proceedings under this Order

  15. Miscellaneous and supplemental

    1. 43.Reduced benefit decisions

    2. 43A.Finality of decisions

    3. 43B.Matters arising as respects decisions

    4. 44.Fees

    5. 45.Conduct of proceedings

    6. 45D.Disclosure of information to credit reference agencies

    7. 46.Unauthorised disclosure of information

    8. 47.Supplementary powers to make regulations

    9. 47A.Pilot schemes

    10. 48.Regulations and orders

    11. 49.Co-ordination with Great Britain

    12. 50.Application to Crown

    13. 51.Amendments, etc.

  16. SCHEDULES

    1. SCHEDULE 1

      MAINTENANCE CALCULATIONS

      1. PART I CALCULATION OF WEEKLY AMOUNT OF CHILD SUPPORT MAINTENANCE

        1. General rule

          1. 1.(1) Subject to paragraph 5A, the weekly rate of child...

        2. Basic rate

          1. 2.(1) Subject to sub-paragraph (2), the basic rate is the...

        3. Reduced rate

          1. 3.(1) A reduced rate is payable if—

        4. Flat rate

          1. 4.(1) Except in a case falling within sub-paragraph (2), a...

        5. Nil rate

          1. 5.The rate payable is nil if the non-resident parent—

        6. Non-resident parent party to other maintenance arrangement

          1. 5A.(1) This paragraph applies where— (a) the non-resident parent is...

        7. Apportionment

          1. 6.(1) If the non-resident parent has more than one qualifying...

        8. Shared care - basic and reduced rate

          1. 7.(1) This paragraph applies where the rate of child support...

        9. Shared care - flat rate

          1. 8.(1) This paragraph applies only if— (a) the rate of...

        10. Regulations about shared care

          1. 9.(1) The Department may by regulations provide for—

        11. Gross weekly income

          1. 10.(1) For the purposes of this Schedule, gross weekly income...

        12. Regulations about rates, figures, etc.

          1. 10A.(1) The Department may by regulations provide that—

        13. Regulations about income

          1. 10B.The Department may by regulations provide that, in such circumstances...

        14. References to various terms

          1. 10C.(1) References in this Part to “qualifying children” are to...

      2. PART II GENERAL PROVISIONS ABOUT MAINTENANCE CALCULATIONS

        1. Effective date of calculation

          1. 11.(1) A maintenance calculation shall take effect on such date...

        2. Form of calculation

          1. 12.Every maintenance calculation shall be made in such form and...

        3. Calculations where amount of child support is nil

          1. 13.. . . . . . . . . ....

        4. Consolidated applications and calculations

          1. 14.The Department may by regulations provide— (a) for 2 or...

        5. Separate calculations for different periods

          1. 15.Where the Department is satisfied that the circumstances of a...

        6. Termination of calculations

          1. 16.(1) A maintenance calculation shall cease to have effect—

    2. SCHEDULES 2, 3

    3. SCHEDULE 4

      MATTERS CONCERNING CHILD SUPPORT COMMISSIONERS

      1. Proceedings before Child Support Commissioners

        1. 1.(1) The Lord Chancellor may make such regulations with respect...

      2. Determination of questions by other officers

        1. 1A.(1) The Lord Chancellor may by regulations provide—

      3. Tribunal of Commissioners

        1. 2.(1) If it appears to the Chief Child Support Commissioner...

      4. Finality of decisions

        1. 3.(1) Subject to Article 26 the decision of any Child...

      5. Expenses of persons required to attend proceedings

        1. 3A.(1) The Lord Chancellor may pay to any person who...

      6. Pensions

        1. 4.The Department of Justice shall pay, or make such payments...

    4. SCHEDULE 4A

      APPLICATIONS FOR A VARIATION

      1. Interpretation

        1. 1.In this Schedule, “regulations” means regulations made by the Department....

      2. Applications for a variation

        1. 2.Regulations may make provision as to the procedure to be...

      3. Completion of preliminary consideration

        1. 3.Regulations may provide for determining when the preliminary consideration of...

      4. Information

        1. 4.If any information which is required (by regulations under this...

      5. Joint consideration of applications for a variation and appeals

        1. 5.(1) Regulations may provide for two or more applications for...

    5. SCHEDULE 4B

      APPLICATIONS FOR A VARIATION: THE CASES AND CONTROLS

      1. PART I THE CASES

        1. General

          1. 1.(1) The cases in which a variation may be agreed...

        2. Special expenses

          1. 2.(1) A variation applied for by a non-resident parent may...

        3. Property or capital transfers

          1. 3.(1) A variation may be agreed in the circumstances set...

        4. Additional cases

          1. 4.(1) The Department may by regulations prescribe other cases in...

      2. PART II REGULATORY CONTROLS

        1. 5.(1) The Department may by regulations make provision with respect...

        2. 6.The Department may by regulations provide for the application, in...

    6. SCHEDULE 4C

      DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS, ETC.

      1. Revision of decisions

        1. 1.. . . . . . . . . ....

      2. Decisions superseding earlier decisions

        1. 2.. . . . . . . . . ....

      3. Appeals to appeal tribunals

        1. 3.. . . . . . . . . ....

      4. Decisions and appeals dependent on other cases

        1. 4.. . . . . . . . . ....

        2. 5.. . . . . . . . . ....

      5. Cases of error

        1. 6.. . . . . . . . . ....

    7. SCHEDULE 5

      CONSEQUENTIAL AMENDMENTS

      1. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 1.. . . . . . . . . ....

      2. The Insolvency (Northern Ireland) Order 1989 (NI 19)

        1. 2.In Article 255(5)(b) of the Insolvency (Northern Ireland) Order 1989...

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