The Child Support (Northern Ireland) Order 1991

[F1 Orders under Article 32F: deductions and payments N.I.

32H— (1) Once the relevant period has ended, an order under Article 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker—

(a) if the amount standing to the credit of the account is less than the remaining amount, to pay to the Department the amount standing to the credit of the account; and

(b) otherwise, to deduct from the account and pay to the Department the remaining amount

(2) If an amount of arrears specified in the order remains unpaid after any payment required by paragraph (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker—

(a) to pay to the Department any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and

(b) not to do anything else that would reduce the amount standing to the credit of the account.

(3) Once the relevant period has ended, any other order under Article 32F shall operate as an instruction to the third party at which it is directed—

(a) if the amount due to the liable person is less than the remaining amount, to pay to the Department the amount due to the liable person; and

(b) otherwise, to deduct from the amount due to the liable person and pay to the Department the remaining amount.

(4) If an amount of arrears specified in the order remains unpaid after any payment required by paragraph (3) has been made, the order shall operate until the relevant time as an instruction to the third party—

(a) to pay to the Department any amount (not exceeding the remaining amount) due to the liable person; and

(b) not to do anything else that would reduce any amount due to the liable person.

(5) This Article has effect subject to regulations made under Articles 32I(1) and 32J(2)(c).

(6) In this Article—

“the relevant time” means the earliest of the following—

(a)

the time at which the remaining amount is paid;

(b)

the time at which the order lapses or is discharged; and

(c)

the time at which a prescribed event occurs or prescribed circumstances arise;

“the remaining amount”, in relation to any time, means the amount of arrears specified in the order under Article 32F which remains unpaid at that time.]

F1 Arts. 32E-32K inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 15, 41(1) (with s. 40(2)(3)); S.R. 2009/216, art. 2(1)(b)

Modifications etc. (not altering text)

C1 Art. 32H(2)(b) restricted (3.8.2009) by The Child Support (Collection and Enforcement) Regulations (S.R. 1992/390), reg. 25N (as inserted by S.R. 2009/286, regs. 1, 2)