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The Child Support (Northern Ireland) Order 1991
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Changes over time for: Section 38
Version Superseded: 27/10/2008
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- 01/01/2006- Amendment
- 14/07/2008- Amendment
- 14/07/2008
Point in time - 27/10/2008- Amendment
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The Child Support (Northern Ireland) Order 1991, Section 38 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.
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Arrears of child support maintenanceN.I.
38.—(1) This Article applies where—
(a)the Department is authorised under Article 7 or 9 to recover child support maintenance payable by [F1a non-resident parent] in accordance with a [F2maintenance calculation]; and
(b)the [F1non-resident parent] has failed to make one or more payments of child support maintenance due from him in accordance with that [F3calculation].
[F4(2) Where the Department recovers any such arrears it may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if it is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the [F1non-resident parent] made the payment or payments of child support maintenance in question.
(2A) In determining for the purposes of paragraph (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the [F5maintenance calculation] had affect from a date earlier than that on which it was made, the [F6calculation] shall be taken to have been in force at that time.]
F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Any sums retained by the Department by virtue of this Article shall be paid by it into the Consolidated Fund.
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.
F2Words in art. 38(1)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.
F3Word in art. 38(1)(b) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.
F5Words in art. 38(2A) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.
F6Word in art. 38(2A) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.
F7Art. 38(3)-(5) repealed (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 17(1), 67, 68(2), Sch. 9 Pt. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.
Modifications etc. (not altering text)
C1Art. 38(4) (as originally enacted) amended (14.7.2008 for specified purposes) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(29)(a) (with s. 37); S.R. 2008/291, art. 2(2)(b) (with art. 2(3)(4))
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