The Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009

[F1 Circumstances in which the Department may exercise the power in Article 38E of the Order N.I.

13F.   The circumstances of the case specified for the purposes of Article 38E(1)(a) of the Order are that—

(a) the person with care has requested under Article 7(5) of the Order that the Department ceases to act in respect of the arrears;

(b) the non-resident parent died before 25th January 2010 or there is no further action that can be taken with regard to recovery of the arrears from the non-resident parent’s estate under Part 4;

(c) the arrears relate to liability for child support maintenance for any period in respect of which an interim maintenance assessment was in force between 5th April 1993 and 18th April 1995; F2 ...

(d) the non-resident parent has been informed by the Department that no further action would ever be taken to recover those arrears [F3 ;

(e) the arrears relate to liability for child support maintenance accrued under an old or 2003 scheme case and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Department under regulation 13G(1), or, where the arrears fall within regulations 13J(1)(a), (b) or (d), within the 3 month period which precedes the date of the decision of the Department under section 38E(1) of the Order;

(f) the arrears relate to liability for child support maintenance accrued under an old or 2003 scheme case which has transferred from the Child Support Agency system to the Child Maintenance Service system and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Department under regulation 13G(1), or, where the arrears fall within regulations 13J(2)(a) or (b), within the 3 month period which precedes the date of the decision of the Department under section 38E(1) of the Order; F4 ...

(g) the arrears relate to sequestrated debt in Scotland for an old, 2003 or 2012 scheme case once the trustee administering the sequestration has confirmed that the period of sequestration has ended] [F5 : or

(h) the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 2016 (protected trust deed: discharge of debtor) from liability for the arrears.]]

Textual Amendments

F1 Pts. 4A, 4B inserted (10.12.2012) by The Child Support (Management of Payments and Arrears) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/439), regs. 1, 2; S.R. 2012/440, art. 2(2)

F2 Word in reg. 13F(c) omitted (10.6.2019) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(3)(a), 5

F3 Reg. 13F(e)-(g) and semicolon inserted (10.6.2019) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/116), regs. 1(1), 4(3)(b), 5

F4 Word in reg. 13F(f) omitted (5.7.2019) by virtue of The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 (S.R. 2019/125), regs. 1(1), 4(2)(a)

F5 Reg. 13F(h) and word inserted (5.7.2019) by The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2019 (S.R. 2019/125), regs. 1(1), 4(2)(b)