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The Child Support (Northern Ireland) Order 1991
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Changes over time for: Section 2
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Changes to legislation:
The Child Support (Northern Ireland) Order 1991, Section 2 is up to date with all changes known to be in force on or before 23 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.
Changes and effects yet to be applied to Article 2:
- Sch. 1 para. 5A(2) modified by S.R. 2012/428 reg. 3
- art. 2(2) words repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
- art. 2(2) words repealed by S.I. 2015/2006 (N.I.) Sch. 12 Pt. 1
- art. 2(2) words substituted by 2008 c. 10 (N.I.) Sch. 4 para. 1(2)(b)
- 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
InterpretationN.I.
2.—(1) The Interpretation Act (Northern Ireland) 1954M1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“[F1non-resident parent]” has the meaning given in Article 4(2);
Definition rep. by S.I. 1998/1506 (N.I. 10)
[F2“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of the Social Security (Northern Ireland) Order 1998;]
[F3“application for a [F4variation]” means an application under Article 28A [F5or 28G];]
F6...
“benefit Acts” means the[F3 Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security Administration (Northern Ireland) Act 1992]
“child benefit” has the same meaning as in the Child Benefit (Northern Ireland) Order 1975M2;
Definitions rep. by S.I. 1998/1506 (N.I. 10)
“Child Support Commissioner” means a Child Support Commissioner for Northern Ireland appointed under section 23 of the Child Support Act 1991M3;
“child support maintenance” has the meaning given in Article 4(6);
[F7“curfew order” has the meaning given in Article 36G(1);]
Definition rep. by S.I. 1998/1506 (N.I. 10)
F8...
“deduction from earnings order” has the meaning given in Article 31(2);
[F9“default maintenance decision” has the meaning given in Article 14;]
“the Department” means the Department of Health and Social Services;
[F7“deposit taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;]
F10...
“disability living allowance” has the same meaning as in the Social Security (Northern Ireland) Act 1975M4;
Definition rep. by 2002 c. 21
“income support” has the same meaning as in the benefit Acts;
[F11“income-based jobseeker's allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;]
[F12“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);]
“interim maintenance [F13decision]” has the meaning given in Article 14;
“liability order” has the meaning given in Article 33(2);
“maintenance agreement” has the meaning given in Article 11(1);
[F14“maintenance calculation” means a calculation of maintenance made under this Order and, except in prescribed circumstances, includes a default maintenance decision and an interim maintenance decision;]
“maintenance order” has the meaning given in Article 10(11);
F15...
“parent”, in relation to any child, means any person who is in law the mother or father of the child and, in the case of an illegitimate child, includes the father;
[F3“parent with care” means a person who is, in relation to a child, both a parent and a person with care;]
“parental responsibility” [F16 has the same meaning as in the Children (Northern Ireland) Order 1995];
“person with care” has the meaning given in Article 4(3);
“prescribed”, except in Article 12(5), means prescribed by regulations made by the Department;
“qualifying child” has the meaning given in Article 4(1);
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954M5.
[F17“voluntary payment” has the meaning given in Article 28J.]
[F18(3) The definition of “deposit-taker” in paragraph (2) is to be read with—
(a)section 22 of the Financial Services and Markets Act 2000;
(b)any relevant order under that section; and
(c)Schedule 2 to that Act.]
F1Words 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.
F4Word in art. 2(2) in definition of "application for a departure direction" 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. 12(a); S.R. 2003/53, art. 3(1), Sch.
F5Words in art. 2(2) in definition of "application for a departure direction" inserted (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. 12(a); S.R. 2003/53, art. 3(1), Sch.
F6Art. 2(2): definition of "assessable income" repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 67, 68(2), Sch. 3 para. 12(b), Sch. 9 Pt. I; S.R. 2003/53, art. 3(1), Sch.
F7Words in art. 2(2) inserted (1.6.2009 for specified purposes) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(2)(a) (with s. 37); S.R. 2009/216, art. 2(2)(b)(ii)
F8Art. 2(2): definition of "current assessment" repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 67, 68(2), Sch. 3 para. 12(b), Sch. 9 Pt. I; S.R. 2003/53, art. 3(1), Sch.
F9Art. 2(2): definition of "default maintenance decision" inserted (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. 12(c); S.R. 2003/53, art. 3(1), Sch.
F10Art. 2(2): definition of "departure direction" repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 67, 68(2), Sch. 3 para. 12(b), Sch. 9 Pt. I; S.R. 2003/53, art. 3(1), Sch.
F12Words in art. 2 inserted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 2(2); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
F13Word in art. 2(2) in definition of "interim maintenance assessment" 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. 12(d); S.R. 2003/53, art. 3(1), Sch.
F14Art. 2(2): definition of "maintenance calculation" substituted (3.3.2003 for specified purposes) for definition of "maintenance assessment" by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 12(e); S.R. 2003/53, art. 3(1), Sch.
F15Art. 2(2): definition of "maintenance requirement" repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 67, 68(2), Sch. 3 para. 12(b), Sch. 9 Pt. I; S.R. 2003/53, art. 3(1), Sch.
F17Art. 2(2): definition of "voluntary payment" added (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. 12(f); S.R. 2003/53, art. 3(1), Sch.
F18Art. 2(3) added (1.6.2009) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(3) (with s. 37); S.R. 2009/216, art. 2(2)(b)(i)
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