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The Child Support (Northern Ireland) Order 1991
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Changes over time for: Section 38D
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- 03/12/2012- Amendment
- 10/12/2012- Amendment
- 25/11/2013
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The Child Support (Northern Ireland) Order 1991, Section 38D 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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[F1Power to accept part payment of arrears in full and final satisfactionN.I.
38D—(1) The Department may, in relation to any arrears of child support maintenance, accept payment of part in satisfaction of liability for the whole.
(2) The Department must by regulations make provision with respect to the exercise of the power under paragraph (1).
(3) The regulations must provide that unless one of the conditions in paragraph (4) is satisfied the Department may not exercise the power under paragraph (1) without the written consent of the person with care with respect to whom the maintenance calculation was made.
(4) The conditions are—
(a)that the Department would be entitled to retain the whole of the arrears under Article 38(2) if it recovered them;
(b)that the Department would be entitled to retain part of the arrears under Article 38(2) if it recovered them, and the part of the arrears that the Department would not be entitled to retain is equal to or less than the payment accepted under paragraph (1).]
F1Art. 38D inserted (3.12.2012 for specified purposes, 10.12.2012 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 23, 41(1) (with s. 40(2)); S.R. 2012/423, art. 2(2)(b); S.R. 2012/440, art. 2(2)(a) (with art. 4)
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