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The Child Support (Northern Ireland) Order 1991

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Point in time view as at 01/01/2006.

Changes to legislation:

The Child Support (Northern Ireland) Order 1991 is up to date with all changes known to be in force on or before 07 January 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. Help about Changes to Legislation

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SCHEDULES

Article 13.

SCHEDULE 1N.I.MAINTENANCE [F1CALCULATIONS]

F1Word in Sch. 1 heading 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.

[F2PART IN.I.CALCULATION OF WEEKLY AMOUNT OF CHILD SUPPORT MAINTENANCE

General ruleN.I.

1.—(1) The weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.N.I.

(2) Unless the nil rate applies, the amount payable weekly to a person with care is—

(a)the applicable rate, if paragraph 6 does not apply; or

(b)if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,

as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.

Basic rateN.I.

2.—(1) The basic rate is the following percentage of the non-resident parent's net weekly income—N.I.

  • 15 per cent. where he has one qualifying child;

  • 20 per cent. where he has two qualifying children;

  • 25 per cent. where he has three or more qualifying children.

(2) If the non-resident parent also has one or more relevant other children, the appropriate percentage referred to in sub-paragraph (1) is to be applied instead to his net weekly income less—

  • 15 per cent. where he has one relevant other child;

  • 20 per cent. where he has two relevant other children;

  • 25 per cent. where he has three or more relevant other children.

Reduced rateN.I.

3.—(1) A reduced rate is payable if—N.I.

(a)neither a flat rate nor the nil rate applies; and

(b)the non-resident parent’s net weekly income is less than £200 but more than £100.

(2) The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.

(3) The regulations may not prescribe, or result in, a rate of less than £5.

Flat rateN.I.

4.—(1) Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and—N.I.

(a)the non-resident parent’s net weekly income is £100 or less; or

(b)he receives any benefit, pension or allowance prescribed for the purposes of this head; or

(c)he or his partner (if any) receives any benefit prescribed for the purposes of this head.

(2) A flat rate of a prescribed amount is payable if the nil rate does not apply and—

(a)the non-resident parent has a partner who is also a non-resident parent;

(b)the partner is a person with respect to whom a maintenance calculation is in force; and

(c)the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).

(3) The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include those paid to the non-resident parent under the law of a place outside the United Kingdom.

Nil rateN.I.

5.  The rate payable is nil if the non-resident parent—N.I.

(a)is of a prescribed description; or

(b)has a net weekly income of below £5.

ApportionmentN.I.

6.—(1) If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.N.I.

(2) The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.

Shared care - basic and reduced rateN.I.

7.—(1) This paragraph applies only if the rate of child support maintenance payable is the basic rate or a reduced rate.N.I.

(2) If the care of a qualifying child is shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs, is to be decreased in accordance with this paragraph.

(3) First, there is to be a decrease according to the number of such nights which the Department determines there to have been, or expects there to be, or both during a prescribed twelve-month period.

(4) The amount of that decrease for one child is set out in the following Table—

Number of nightsFraction to subtract
52 to 103One-seventh
104 to 155Two-sevenths
156 to 174Three-sevenths
175 or moreOne-half

(5) If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.

(6) If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child.

(7) If the application of the preceding provisions of this paragraph would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than £5, he is instead liable to pay child support maintenance at the rate of £5 a week, apportioned (if appropriate) in accordance with paragraph 6.

Shared care - flat rateN.I.

8.—(1) This paragraph applies only if—N.I.

(a)the rate of child support maintenance payable is a flat rate; and

(b)that rate applies because the non-resident parent falls within paragraph 4(1)(b) or (c) or 4(2).

(2) If the care of a qualifying child is shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed twelve-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.

Regulations about shared careN.I.

9.  The Department may by regulations provide for—N.I.

(a)which nights are to count for the purposes of shared care under paragraphs 7 and 8, or for how it shall be determined whether a night counts;

(b)what counts, or does not count, as “care” for those purposes; and

(c)paragraph 7(3) or 8(2) to have effect, in prescribed circumstances, as if the period mentioned there were other than twelve months, and in such circumstances for the Table in paragraph 7(4) (or that Table as modified pursuant to regulations made under paragraph 10A(2)(a)), or the period mentioned in paragraph 8(2), to have effect with prescribed adjustments.

Net weekly incomeN.I.

10.—(1) For the purposes of this Schedule, net weekly income shall be determined in such manner as is provided for by regulations.N.I.

(2) The regulations may, in particular, provide for the Department to estimate any income or make an assumption as to any fact where, in the Department’s view, the information at its disposal is unreliable, insufficient or relates to an atypical period in the life of the non-resident parent.

(3) Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.

Regulations about rates, figures, etc.N.I.

10A.—(1) The Department may by regulations provide that—N.I.

(a)paragraph 2 is to have effect as if different percentages were substituted for those set out there;

(b)paragraph 3(1) or (3), 4(1), 5, 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.

(2) The Department may by regulations provide that—

(a)the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;

(b)paragraph 7(6) is to have effect as if a different amount were substituted for that set out there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.

Regulations about incomeN.I.

10B.  The Department may by regulations provide that, in such circumstances and to such extent as may be prescribed—N.I.

(a)where the Department is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his net weekly income, his net weekly income shall be taken to include income from that source of an amount estimated by the Department;

(b)a person is to be treated as possessing income which he does not possess;

(c)income which a person does possess is to be disregarded.

References to various termsN.I.

10C.—(1) References in this Part to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made.N.I.

(2) References in this Part to “relevant other children” are to—

(a)children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and

(b)such other description of children as may be prescribed.

(3) In this Part, a person “receives” a benefit, pension or allowance for any week if it is paid or due to be paid to him in respect of that week.

(4) In this Part, a person’s “partner” is—

(a)if they are a couple, the other member of that couple;

(b)if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.

[F3(5) In sub-paragraph (4)(a), “couple” means—

(a)a man and a woman who are married to each other and are members of the same household,

(b)a man and a woman who are not married to each other but are living together as husband and wife,

(c)two people of the same sex who are civil partners of each other and are members of the same household, or

(d)two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

(6) For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]]

PART IIN.I.GENERAL PROVISIONS ABOUT MAINTENANCE [F4CALCULATIONS]

Effective date of [F5calculation]N.I.

11.—(1) A [F6maintenance calculation] shall take effect on such date as may be determined in accordance with regulations made by the Department.N.I.

(2) That date may be earlier than the date on which the [F7calculation] is made.

Form of [F8calculation]N.I.

12.  Every [F9maintenance calculation] shall be made in such form and contain such information as the Department may direct.N.I.

[F10Calculations] where amount of child support is nilN.I.

F1113.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Consolidated applications and [F12calculations]N.I.

14.— [F13(1)]  The Department may by regulations provide—N.I.

(a)for two or more applications for maintenance [F14calculations] to be treated, in prescribed circumstances, as a single application; and

(b)for the replacement, in prescribed circumstances, of a [F15maintenance calculation] made on the application of one person by a later [F15maintenance calculation] made on the application of that or any other person.

[F16(2)  In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.]

F13Sch. 1 para. 14 renumbered as Sch. 1 para. 14(1) (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. 28(b); S.R. 2003/53, art. 3(1), Sch.

F14Word in Sch. 1 para. 14 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.

F15Words in Sch. 1 para. 14 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.

Separate [F17calculations] for different periodsN.I.

15.  Where [F18the Department] is satisfied that the circumstances of a case require different amounts of child support maintenance to be [F19calculated] in respect of different periods, [F18it] may make separate maintenance [F20calculations] each expressed to have effect in relation to a different specified period.N.I.

Termination of [F21calculations]N.I.

16.—(1) A [F22maintenance calculation] shall cease to have effect—N.I.

(a)on the death of the [F23non-resident parent], or of the person with care, with respect to whom it was made;

(b)on there no longer being any qualifying child with respect to whom it would have effect;

(c)on the [F23non-resident parent] with respect to whom it was made ceasing to be a parent of—

(i)the qualifying child with respect to whom it was made; or

(ii)where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;

F24(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(11) A person with care with respect to whom a [F27maintenance calculation] is in force shall provide the Department with such information, in such circumstances, as may be prescribed, with a view to assisting the Department in determining whether the [F28calculation] has ceased to have effect F29....

(12) The Department may by regulations make such supplemental, incidental or transitional provision as it thinks necessary or expedient in consequence of the provisions of this paragraph.]

F30SCHEDULES 2, 3N.I.

F30Schedules 2 and 3 rep. by S.I. 1998/1506 (N.I. 10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 24.

SCHEDULE 4N.I.MATTERS CONCERNING CHILD SUPPORT COMMISSIONERS

Proceedings before Child Support CommissionersN.I.

1.—(1) The Lord Chancellor may make such regulations with respect to proceedings before Child Support Commissioners as he considers appropriate.N.I.

(2) The regulations—

(a)may, in particular, make any provision of a kind mentioned in[F31 Schedule 4 to the Social Security (Northern Ireland) Order 1998]; and

(b)shall provide that any hearing before a Child Support Commissioner shall be in public except in so far as the Commissioner for special reasons directs otherwise.

[F32Determination of questions by other officersN.I.

1A.—(1) The Lord Chancellor may by regulations provide—N.I.

(a)for officers authorised by him to determine any question which is determinable by a Child Support Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference;

(b)for the procedure to be followed by any such officer in determining any such question;

(c)for the manner in which determinations of such questions by such officers may be called in question.

(2) A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Child Support Commissioner is not a determination of the appeal, application or reference for the purposes of sub-paragraph (1).]

[F33Tribunal of CommissionersN.I.

2.—(1) If it appears to the Chief Child Support Commissioner (or, in the case of his inability to act, to such other of the Child Support Commissioners as he may have nominated to act for the purpose) that—N.I.

(a)an application for leave under Article 25(6)(b); or

(b)an appeal,

falling to be heard by one of the Child Support Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any 2 or more of the Child Support Commissioners.

(2) If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided.

(3) Where a direction is given under sub-paragraph (1)(a), Article 25(6)(b) shall have effect as if the reference to a Child Support Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (1).]

Finality of decisionsN.I.

3.—(1) Subject to Article 26 the decision of any Child Support Commissioner shall be final.N.I.

[F34(2) If and to the extent that regulations so provide, any finding of fact or other determination which is embodied in or necessary to a decision, or on which a decision is based, shall be conclusive for the purposes of any further decision.]

[F35Expenses of persons required to attend proceedingsN.I.

3A.—[F36(1) The Lord Chancellor may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine.]N.I.

(2) In sub-paragraph (1), references to travelling and other allowances include references to compensation for loss of remunerative time.

(3) No compensation for loss of remunerative time shall be paid to any person under this paragraph in respect of any time during which he is in receipt of other remuneration so paid.]

PensionsN.I.

4.  The Lord Chancellor may pay, or make such payments towards the provision of, such pensions to or in respect of persons appointed as Child Support Commissioners as he may, with the consent of the Treasury, determine.N.I.

[F37SCHEDULE 4AN.I.APPLICATIONS FOR A VARIATION

InterpretationN.I.

1.  In this Schedule, “regulations” means regulations made by the Department.N.I.

Applications for a variationN.I.

2.  Regulations may make provision as to the procedure to be followed—N.I.

(a)in considering an application for a variation;

(b)when an application for a variation is referred to an appeal tribunal under Article 28D(1)(b).

Completion of preliminary considerationN.I.

3.  Regulations may provide for determining when the preliminary consideration of an application for a variation shall be taken to have been completed.N.I.

InformationN.I.

4.  If any information which is required (by regulations under this Order) to be furnished to the Department in connection with an application for a variation has not been furnished within such period as may be prescribed, the Department may nevertheless proceed to consider the application.N.I.

Joint consideration of applications for a variation and appealsN.I.

5.—(1) Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.N.I.

(2) In sub-paragraph (1), the reference to an application for a maintenance calculation includes an application treated as having been made under Article 9.

(3) An appeal tribunal considering an application for a variation under Article 28D(1)(b) may consider it at the same time as an appeal under Article 22 in connection with an interim maintenance decision, if it considers that to be appropriate.]

[F38SCHEDULE 4BN.I.APPLICATIONS FOR A VARIATION: THE CASES AND CONTROLS

PART IN.I.THE CASES

GeneralN.I.

1.—(1) The cases in which a variation may be agreed are those set out in this Part or in regulations made under this Part.N.I.

(2) In this Schedule “applicant” means the person whose application for a variation is being considered.

Special expensesN.I.

2.—(1) A variation applied for by a non-resident parent may be agreed with respect to his special expenses.N.I.

(2) In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.

(3) In prescribing descriptions of expenses for the purposes of this paragraph, the Department may, in particular, make provision with respect to—

(a)costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made (or treated as made);

(b)costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);

(c)debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for (or treated as having been applied for)—

(i)for the joint benefit of both parents;

(ii)for the benefit of any such child; or

(iii)for the benefit of any other child falling within a prescribed category;

(d)boarding school fees for a child in relation to whom the application for a maintenance calculation has been made (or treated as made);

(e)the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and the person with care and a child in relation to whom the application for a maintenance calculation has been made (or treated as made) still live there.

(4) For the purposes of sub-paragraph (3)(b)—

(a)“disability” and “illness” have such meaning as may be prescribed; and

(b)the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Department.

(5) For the purposes of sub-paragraph (3)(d), the Department may prescribe—

(a)the meaning of “boarding school fees”; and

(b)components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,

and may provide for estimating any such component.

Property or capital transfersN.I.

3.—(1) A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—N.I.

(a)a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or

(b)an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.

(2) The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—

(a)the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or

(b)no amount was payable by the non-resident parent by way of maintenance.

(3) For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Order) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.

Additional casesN.I.

4.—(1) The Department may by regulations prescribe other cases in which a variation may be agreed.N.I.

(2) Regulations under this paragraph may, for example, make provision with respect to cases where—

(a)the non-resident parent has assets which exceed a prescribed value;

(b)a person’s lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;

(c)a person has income which is not taken into account in such a calculation;

(d)a person has unreasonably reduced the income which is taken into account in such a calculation.

PART IIN.I.REGULATORY CONTROLS

5.—(1) The Department may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.N.I.

(2) No variations may be made other than those which are permitted by the regulations.

(3) Regulations under this paragraph may, in particular, make provision for a variation to result in—

(a)a person being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;

(b)a person being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.

(4) Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.

(5) Any regulations under this paragraph may in particular make different provision with respect to different levels of income.

6.  The Department may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).]N.I.

F39F40SCHEDULE 4CN.I.DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS, ETC.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 51(3).

SCHEDULE 5N.I.CONSEQUENTIAL AMENDMENTS

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)N.I.

F411.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

The Insolvency (Northern Ireland) Order 1989 (NI 19)N.I.

2.  In Article 255(5)(b) of the Insolvency (Northern Ireland) Order 1989 (effect of discharge of bankrupt), “after domestic proceedings” insert “or under a maintenance assessment made under the Child Support (Northern Ireland) Order 1991”.N.I.

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