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PART 11N.I.SUPPLEMENTARY PROVISIONS

CHAPTER 1N.I.Miscellaneous

Recovery ordersN.I.

147.—(1) Where an award of income-related allowance has been made to a claimant, the Department may apply to the court for a recovery order against the claimant’s partner.

(2) On making a recovery order the court may order the partner to pay such amount at such intervals as it considers appropriate, having regard to all the circumstances of the partner and, in particular, the partner’s income.

(3) A recovery order is to be treated for all purposes as if it were a maintenance order within the meaning of Article 85(15) of the Magistrates’ Courts (Northern Ireland) Order 1981(1).

(4) Where a recovery order requires the partner to make payments to the Department, the Department may, by giving notice in writing to the court which made the order, the liable person and the claimant, transfer to the claimant the right to receive payments under the order and to exercise the relevant rights in relation to the order.

(5) In paragraph 4 the “relevant rights” means, in relation to a recovery order, the right to bring any proceedings, take any steps or do any other thing under or in relation to the order.

Commencement Information

I1Reg. 147 in operation at 27.10.2008, see reg. 1(1)