{
  "url": "https://openlegislation.uk/child-support-northern-ireland-order-1991/article-38",
  "json_url": "https://openlegislation.uk/child-support-northern-ireland-order-1991/article-38.json",
  "legislation": "nisi/1991/2628",
  "legislation_title": "The Child Support (Northern Ireland) Order 1991",
  "legislation_url": "https://openlegislation.uk/child-support-northern-ireland-order-1991",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Arrears of child support maintenance",
  "text": "(1) This Article applies where—\n(a) the Department is authorised under Article 7 ... to recover child support maintenance payable by a non-resident parent in accordance with a maintenance calculation; and\n(b) the non-resident parent has failed to make one or more payments of child support maintenance due from him in accordance with that calculation.\n(2) Where the Department recovers any such arrears it may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if it is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the non-resident parent made the payment or payments of child support maintenance in question.\n(2A) In determining for the purposes of paragraph (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the maintenance calculation had affect from a date earlier than that on which it was made, the calculation shall be taken to have been in force at that time.\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Any sums retained by the Department by virtue of this Article shall be paid by it into the Consolidated Fund.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 38(1)(a) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Order substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 11; S.R. 2003/53, art. 3(1), Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 38(1)(a) 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."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in art. 38(1)(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."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S.I. 1995/2702 (N.I. 13)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in art. 38(2A) 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."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in art. 38(2A) 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."
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Art. 38(3)-(5) repealed (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 17(1), 67, 68(2), Sch. 9 Pt. 1; S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Art. 38(4) (as originally enacted) repealed in part (14.7.2008 for specified purposes, 27.10.2008 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(29) (with s. 37); S.R. 2008/291, art. 2(2)(b) (with art. 2(3)(4)); S.R. 2008/419, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1991/2628/article/38",
    "retrieved_at": "2026-10-29T04:45:21.435585+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}