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2.—(1) A payment counts as a voluntary payment if it is—
(a)made in accordance with Article 28J(2) and (4) of the Order;
(b)of a type to which regulation 3 applies;
(c)made on or after the effective date of the maintenance calculation made, or which would be made but for the Department’s decision not to make one, and for this purpose “effective date” means the effective date as determined in accordance with the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 2001(1);
(d)a payment in relation to which evidence or verification of a type to which regulation 4 applies is provided, if the Department so requires.
(2) Where the Department is considering whether a payment is a voluntary payment, it may invite representations from a relevant person.
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