Article 41 Jurisdiction

(1)

F1The Department shall have jurisdiction to make a F2maintenance calculation with respect to a person who is—

(a)

a person with care;

(b)

F3a non-resident parent; or

(c)

a qualifying child,

only if that person is habitually resident in the United Kingdom F4, except in the case of a non-resident parent who falls within paragraph (2A).

(2)

Where the person with care is not an individual, paragraph (1) shall have effect as if sub-paragraph (a)were omitted.

(2A)

A non-resident parent falls within this paragraph if he is not habitually resident in the United Kingdom, but is—

(a)

employed in the civil service of the Crown, including Her Majesty's Diplomatic Service and Her Majesty's Overseas Civil Service;

(b)

a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996;

(c)

employed by a company of a prescribed description F5registered under the Companies Act 2006; or

(d)

employed by a body of a prescribed description.

F6(3)

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F7(4)

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F8(5)

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Annotations

Textual amendments

F1: S.I. 1998/1506 (N.I. 10)
F2: Words in art. 41(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.
F3: 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.
F4: 2000 c. 4 (NI)
F5: Words in art. 41(2A)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 128 (with art. 10)
F6: Art. 41(3) repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 21(4), 67, 68(2), Sch. 9 Pt. I; S.R. 2003/53, art. 3(1), Sch.
F7: Art. 41(4) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 20(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F8: Art. 41(5) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 20(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)