- Latest available (Revised)
- Original (As made)
The Children (Northern Ireland) Order 1995, Section 18C is up to date with all changes known to be in force on or before 11 September 2024. 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.
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.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
18C.—(1) The Department may by regulations make provision for and in connection with requiring or authorising an authority in the case of a person of a prescribed description who falls within paragraph (2) to make, with that person's consent, such payments to him as the authority may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that paragraph.
(2) A person falls within this paragraph if he is—
(a)a person with parental responsibility for a disabled child;
(b)a disabled person with parental responsibility for a child; or
(c)a disabled child aged 16 or 17,
and the authority has decided for the purposes of Article 18 that the child's needs (or, if he is such a disabled child, his needs) call for the provision by it of a service under that Article.
(3) Regulations under this Article may, in particular, make provision—
(a)specifying circumstances in which the authority is not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in paragraph (2);
(b)for any payments required or authorised by the regulations to be made to a person by the authority ( “direct payments”) to be made to that person ( “the payee”) as gross payments or alternatively as net payments;
(c)for the authority to make for the purposes of paragraph (4) or (5) such determinations as to—
(i)the payee's means; and
(ii)the amount (if any) which it would be reasonably practicable for him to pay to the authority by way of reimbursement or contribution,
as may be prescribed;
(d)as to the conditions falling to be complied with by the payee which must or may be imposed by the authority in relation to the direct payments (and any conditions which may not be so imposed);
(e)specifying circumstances in which the authority—
(i)may or must terminate the making of direct payments;
(ii)may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments);
(f)for any sum falling to be paid or repaid to the authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;
(g)displacing functions or obligations of the authority with respect to the provision of the service mentioned in paragraph (2) only to such extent, and subject to such conditions, as may be prescribed;
(h)authorising direct payments to be made to any prescribed person on behalf of the payee.
(4) For the purposes of paragraph (3)(b) “gross payments” means payments—
(a)which are made at such rate as the authority estimates to be equivalent to the reasonable cost of securing the provision of the service concerned; but
(b)which may be made subject to the condition that the payee pays to the authority, by way of reimbursement, an amount or amounts determined under the regulations.
(5) For the purposes of paragraph (3)(b) “net payments” means payments—
(a)which are made on the basis that the payee will himself pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and
(b)which are accordingly made at such a rate below that mentioned in paragraph (4)(a) as reflects any such contribution by the payee.
(6) Regulations under this section shall provide that, where payments are made under the regulations to a person falling within paragraph (7)—
(a)the payments shall be made at the rate mentioned in paragraph (4)(a); and
(b)paragraph (4)(b) shall not apply.
(7) A person falls within this subsection if he is—
(a)a person falling within paragraph (2)(a) or (b) and the child in question is aged 16 or 17; or
(b)a person who is in receipt [F2of universal credit (except in such circumstances as may be prescribed),] of income support, working families' tax credit or disabled person's tax credit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)[F3, of any element of child tax credit other than the family element, of working tax credit][F4, of an income-based jobseeker's allowance or of an income-related employment and support allowance].
(8) Regulations made for the purposes of paragraph (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.
(9) In this Article “prescribed” means specified in or determined in accordance with regulations under this Article.]
F2Words in art. 18C(7)(b) inserted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 28(b); S.R. 2017/190, art. 4(1)(2)(g)(i)
F4Words in art. 18C(7)(b) substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 5(4) (with transitional provisions in s. 29, Sch. 4); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.