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The Child Support (Northern Ireland) Order 1991
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The Child Support (Northern Ireland) Order 1991, Section 4 is up to date with all changes known to be in force on or before 27 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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Meaning of certain other terms used in this OrderN.I.
4.—(1) A child is a “qualifying child” if—
(a)one of his parents is, in relation to him, [F1a non-resident parent]; or
(b)both of his parents are, in relation to him, [F1non-resident parent]s.
(2) The parent of any child is [F1a] “[F1non-resident parent]”, in relation to him, if—
(a)that parent is not living in the same household with the child; and
(b)the child has his home with a person who is, in relation to him, a person with care.
(3) A person is a “person with care”, in relation to any child, if he is a person—
(a)with whom the child has his home;
(b)who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and
(c)who does not fall within a prescribed category of person.
(4) The Department shall not, under paragraph (3)(c), prescribe as a category—
(a)parents;
(b)guardians;
(c)persons [F2in whose favour residence orders under Article 8 of the Children (Northern Ireland) Order 1995 are in force].
(5) For the purposes of this Order there may be more than one person with care in relation to the same qualifying child.
(6) Periodical payments which are required to be paid in accordance with a [F3maintenance calculation] are referred to in this Order as “child support maintenance”.
(7) Expressions are defined in this Article only for the purposes of this Order.
F1Words in Order substituted (31.1.2001 and 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. 2001/406, art. 2(a), Sch.; S.R. 2003/53, art. 3(1), Sch.
F3Words in art. 4(6) 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.
Modifications etc. (not altering text)
C1Mod. S.R. 2001/18
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