# The Child Support (Northern Ireland) Order 1991, Article 28C: Imposition of regular payments condition


(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.

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Source: https://www.legislation.gov.uk/nisi/1991/2628/article/28C (the official version)
Page: https://openlegislation.uk/child-support-northern-ireland-order-1991/article-28C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.