Article 7 Child support maintenance

(1)

A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the F1non-resident parent may apply to the Department for a F2maintenance calculation to be made under this Order with respect to that child, or any of those children.

(2)

Where a F3maintenance calculation has been made in response to an application under this Article the Department may, if the persons with care F4... applies to it under this paragraph, arrange for—

(a)

the collection of the child support maintenance payable in accordance with the F5calculation;

(b)

the enforcement of the obligation to pay child support maintenance in accordance with the F6calculation.

F7(2A)

The Department may only make arrangements under paragraph (2)(a) if—

(a)

the non-resident parent agrees to the arrangements, or

(b)

the Department is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

(3)

Where an application under paragraph (2) for the enforcement of the obligation mentioned in paragraph (2)(b) authorises the Department to take steps to enforce that obligation whenever it considers it necessary to do so, the Department may act accordingly.

F8(3A)

Where a maintenance calculation has been made in response to an application under this Article, the Department may, if the person with care or the non-resident parent applies to the Department under this paragraph, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant abusive behaviour that it is appropriate for such arrangements to be made.

(3B)

For the purposes of paragraph (3A), “relevant abusive behaviour” means—

(a)

where the application under paragraph (3A) is made by the person with care, behaviour of the non-resident parent that is abusive of the person with care or of any child living in the same household with the person with care;

(b)

where the application under paragraph (3A) is made by the non-resident parent, behaviour of the person with care that is abusive of the non-resident parent or of any child living in the same household with the non-resident parent.

(3C)

What amounts to abusive behaviour for the purposes of paragraph (3B) is to be construed in the same way as is provided for in Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see sections 2, 3(2) and 4 of that Act).

(4)

A person who applies to the Department under this Article shall, so far as that person reasonably can, comply with such regulations as may be made by the Department with a view to the Department F9. . . being provided with the information which is required to enable—

(a)

the F10non-resident parent to beF11 identified or traced (where that is necessary);

(b)

the amount of child support maintenance payable by the F12non-resident parent to be F13calculated; F14...

(c)

that amount to be recovered from the F15non-resident parent F16; and

(d)

the making by the Department of a determination for the purposes of paragraph (3A).

(5)

Any person who has applied to the Department under this Article may at any time request it to cease acting under this Article.

(6)

It shall be the duty of the Department to comply with any request made under paragraph (5) (but subject to any regulations made under paragraph (8)).

(7)

The obligation to provide information which is imposed by paragraph (4)—

(a)

shall not apply in such circumstances as may be prescribed; and

(b)

may, in such circumstances as may be prescribed, be waived by the Department.

(8)

The Department may by regulations make such incidental, supplemental or transitional provision as it thinks appropriate with respect to cases in which it is requested to cease to act under this Article.

F17(9)

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

F18(10)

No application may be made at any time under this Article with respect to a qualifying child or any qualifying children if—

(a)

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F19made before a prescribed date, in respect of that child or those children and the person who is, at that time, the F20non-resident parent; or

(F21aa)

a maintenance order made on or after the date prescribed for the purposes of sub-paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with and including the date on which it was made;F22...

(b)

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

F23(11)

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

Annotations

Textual amendments

F1: Words in art. 7(1) 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.
F2: Words in art. 7(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 art. 7(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.
F4: Words in art. 7(2) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 127(2)(a); S.R. 2016/46, art. 3(5)(a) (with art. 2)
F5: Word in art. 7(2)(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.
F6: Word in art. 7(2)(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.
F7: Art. 7(2A) inserted (19.7.2023) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 127(2)(b); S.R. 2023/111, art. 2(2)
F8: Art. 7(3A)-(3C) inserted (19.7.2023) by Child Support Collection (Domestic Abuse) Act 2023 (c. 24), ss. 4(2)(a), 5(5); S.R. 2023/111, art. 2(2)
F9: S.I. 1998/1506 (N.I. 10)
F10: Words in art. 7(4)(a) 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.
F11: Words in art. 7(4)(a) inserted (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. 13(a); S.R. 2003/53, art. 3(1), Sch.
F12: Words in art. 7(4)(b) 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.
F13: Word in art. 7(4)(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.
F14: Word in art. 7(4) omitted (19.7.2023) by virtue of Child Support Collection (Domestic Abuse) Act 2023 (c. 24), ss. 4(2)(b)(i), 5(5); S.R. 2023/111, art. 2(2)
F15: Words in art. 7(4)(c) 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.
F16: Art. 7(4)(d) and preceding word inserted (19.7.2023) by Child Support Collection (Domestic Abuse) Act 2023 (c. 24), ss. 4(2)(b)(ii), 5(5); S.R. 2023/111, art. 2(2)
F17: Art. 7(9) 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)
F18: S.I. 1995/2702 (N.I. 13)
F19: Words in art. 7(10)(a) inserted (7.2.2003 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 2(2), 68(2); S.R. 2003/53, arts. 2, 3(1), Sch.
F20: Words in art. 7(10)(a) 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.
F21: Art. 7(10)(aa) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 2(3), 68(2); S.R. 2003/53, art. 3(1), Sch.
F22: Art. 7(10)(b) and word repealed (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. 5 (with s. 37); S.R. 2008/291, art. 2(2)(c) (with art. 2(3)(4)); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)
F23: Art. 7(11) 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)