Article 31 Deduction from earnings orders

(1)

This Article applies where any person ( “the liable person”) is liable to make payments of child support maintenance.

(2)

The Department may make an order ( “a deduction from earnings order”) against a liable person to secure the payment of any amount due under the F1maintenance calculation in question.

(3)

A deduction from earnings order may be made so as to secure the payment of—

(a)

arrears of child support maintenance payable under the F2calculation;

(b)

amounts of child support maintenance which will become due under the F3calculation; or

(c)

both such arrears and such future amounts.

(4)

A deduction from earnings order—

(a)

shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and

(b)

shall have effect from such date as may be specified in the order.

(5)

A deduction from earnings order shall operate as an instruction to the employer to—

(a)

make deductions from the liable person's earnings; and

(b)

pay the amounts deducted to the Department.

(6)

The Department shall serve a copy of any deduction from earnings order which it makes under this Article on—

(a)

the person who appears to the Department to have the liable person in question in his employment; and

(b)

the liable person.

(7)

Where—

(a)

a deduction from earnings order has been made; and

(b)

a copy of the order has been served on the liable person's employer,

it shall be the duty of that employer to comply with the order; but he shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the date on which the copy was served on him.

(8)

In this Article and in Article 32 “earnings” has such meaning as may be prescribed.

Annotations

Textual amendments

F1: Words in art. 31(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.
F2: Word in art. 31(3)(a) 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.
F3: Word in art. 31(3)(b) 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.