Child Maintenance Act (Northern Ireland) 2008

Child Maintenance Act (Northern Ireland) 2008

2008 CHAPTER 10

Commentary on Sections

Part 1: Additional functions of the Department

Section 3: Fees

Section 3 gives regulation-making powers to the Department to enable it to charge fees in connection with the exercise of its functions relating to child support.

Subsection (2) of the section gives a non-exhaustive list of provisions that may be included in regulations. This includes:

• when a fee may be charged;

• the amount of fee to be charged;

• the information required to determine the amount to be charged;

• who is liable to pay any fee charged;

• when a fee is payable;

• recovery of fees charged; and

• when a fee may be waived, reduced or repaid.

Subsection (3) provides that the regulations may permit the Department to charge fees which are not related to the cost to it of carrying out its functions.

Subsection (4) allows the Department to provide by regulations that the collection and enforcement measures in the Child Support (Northern Ireland) Order 1991 also apply to fees payable.

Subsection (5) provides that the Department may by regulations make provision for a person affected by a decision under regulations under subsection (1) to have a right of appeal against the decision to an appeal tribunal.

Subsection (6) provides that paragraphs (3) to (5), (7) and (8) of Article 22 of the Child Support (Northern Ireland) Order 1991 (appeals to appeal tribunals) will also apply to appeals against a decision of the Department concerning fees.