Article 28C Imposition of regular payments conditionF1

(1)

Where—

(a)

an application for a variation is made by the non-resident parent; and

(b)

the Department makes an interim maintenance decision,

it may also, if it has completed its preliminary consideration (under Article 28B) of the application for a variation and has not rejected it under that Article, impose on the non-resident parent one of the conditions mentioned in paragraph (2) (a “regular payments condition”).

(2)

The conditions are that—

(a)

the non-resident parent shall make the payments of child support maintenance specified in the interim maintenance decision;

(b)

the non-resident parent shall make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Department.

(3)

Where the Department imposes a regular payments condition, it shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—

(a)

the non-resident parent; and

(b)

all the persons with care concerned.

(4)

A regular payments condition shall cease to have effect—

(a)

when the Department has made a decision on the application for a maintenance calculation under Article 13 (whether it agrees to a variation or not);

(b)

on the withdrawal of the application for a variation.

(5)

Where a non-resident parent has failed to comply with a regular payments condition, the Department may in prescribed circumstances refuse to consider the application for a variation, and instead make its decision under Article 13 as if no such application had been made.

(6)

The question whether a non-resident parent has failed to comply with a regular payments condition shall be determined by the Department.

(7)

Where the Department determines that a non-resident parent has failed to comply with a regular payments condition it shall give written notice of its determination to—

(a)

that parent; and

(b)

all the persons with care concerned.

Annotations

Textual amendments

F1: Ss. 28A-28C and cross-heading substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 5(2), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.