OpenLegislation

Article 29 Collection of child support maintenance

(1)

The Department may F1(subject to Article 7(2A) F2and (3A)) arrange for the collection of any child support maintenance payable in accordance with a F3maintenance calculation where—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

an application has been made to the Department under Article 7(2) F5or (3A) for the Department to arrange for its collection.

(2)

Where a F6maintenance calculation is made under this Order, payments of child support maintenance under the F7calculation shall be made in accordance with regulations made by the Department.

(3)

The regulations may, in particular, make provision—

(a)

for payments of child support maintenance to be made—

(i)

to the person caring for the child or children in question;

(ii)

to, or through, the Department; or

(iii)

to, or through, such other person as the Department may specify;

(b)

as to the method by which payments of child support maintenance are to be made;

F8(c)

for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);

(ca)

requiring payments of child support maintenance to be made—

(i)

by reference to such an amount and a reference period; and

(ii)

at prescribed intervals falling in a reference period;

(d)

as to the method and timing of the transmission of payments which are made to or through the Department or any other person, in accordance with the regulations;

(e)

empowering the Department to direct any person liable to make payments in accordance with the F9calculation—

(i)

to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another's on specific dates during the period for which the authority is in force and without the need for any further authority from him;

(ii)

to open an account from which payments under the F10calculation may be made in accordance with the method of payment which that person is obliged to adopt;

(f)

providing for the making of representations with respect to matters with which the regulations are concerned.

F11(3A)

In paragraph (3)(c) and (ca) “a reference period” means—

(a)

a period of 52 weeks beginning with a prescribed date; or

(b)

in prescribed circumstances, a prescribed period.

C1(F124)

If the regulations include provision for payment by means of deduction in accordance with an order under Article 31, they must make provision—

(a)

for that method of payment not to be used in any case where there is good reason not to use it; and

(b)

for the person against whom the order under Article 31 would be made to have a right of appeal to a court of summary jurisdiction against a decision that the exclusion required by sub-paragraph (a) does not apply.

(5)

On an appeal under regulations made under paragraph (4)(b) the court shall not question the maintenance calculation by reference to which the order under Article 31 would be made.

(6)

Regulations under paragraph (4)(b) may include—

(a)

provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)

provision with respect to the powers of a court of summary jurisdiction in relation to an appeal under the regulations.

(7)

If the regulations include provision for payment by means of deduction in accordance with an order under Article 31, they may make provision

(a)

prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

(b)

prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.

Annotations

Textual amendments

F1

Words in art. 29(1) inserted (19.7.2023) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 127(3); S.R. 2023/111, art. 2(2)

F2

Words in art. 29(1) inserted (19.7.2023) by Child Support Collection (Domestic Abuse) Act 2023 (c. 24), ss. 4(3)(a), 5(5); S.R. 2023/111, art. 2(2)

F3

Words in art. 29(1) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.

F4

Art. 29(1)(a) and word repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5; S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)

F5

Words in art. 29(1) inserted (19.7.2023) by Child Support Collection (Domestic Abuse) Act 2023 (c. 24), ss. 4(3)(b), 5(5); S.R. 2023/111, art. 2(2)

F6

Words in art. 29(2) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.

F7

Word in art. 29(2) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

F8

Art. 29(3)(c)(ca) substituted for art. 29(3)(c) (3.12.2012) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 31(2), 36(2); S.R. 2012/424, art. 2(a)

F9

Word in art. 29(3)(e) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

F10

Word in art. 29(3)(e)(ii) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.

F11

Art. 29(3A) inserted (3.12.2012) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 31(3), 36(2); S.R. 2012/424, art. 2(a)

F12

Art. 29(4)-(7) added (29.9.2008 for specified purposes, 27.10.2008 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 12, 41(1); S.R. 2008/399, art. 2(1)(a)

Modifications

C1

Art. 29(4)-(7) excluded (temp until 22.5.2021) (18.11.2016) by The Child Support (Deduction from Earnings Orders, Amendment and Modification and Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/390), regs. 1(1), 6(1) (with reg. 1(2))