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61.—(1) For the purposes of Article 28C(2)(b)(1) the payments are those fixed by the interim maintenance decision or the maintenance calculation in force, as the case may be, adjusted to take account of the variation applied for by the non-resident parent as if that variation had been agreed.
(2) The Department may refuse to consider the application for a variation where a regular payments condition has been imposed and the non-resident parent fails to make such payments, which are due and unpaid, within one month after being required to do so by the Department or such other period as the Department may in the particular case decide.
Commencement Information
I1Reg. 61 comes into force in accordance with reg. 1
Article 28C was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 and is substituted by section 5(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. See also S.R. 2001 No. 24
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