Regulation 167 Recovery ordersI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 167 coming into force by Jobseeker’s Allowance 1996 reg. 1(1)
reg. 131(3A)(e)and word added by Social Security (Students and Income-Related Benefits Amendment) 2003 reg. 3(1)(b)
reg. 167(1) words inserted by Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) 2005 Sch. 3 para. 23(10)

(1)

Where an award of income-based jobseeker’s allowance has been made to a person (“the claimant”) the Department may make a complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981^f1 against the claimant’s spouse (“the liable person”) for a recovery order.

(2)

On making a recovery order the court may order the liable person to pay such amount at such intervals as it considers appropriate, having regard to all the circumstances of the liable person and in particular his income.

(3)

A recovery order shall be treated for enforcement purposes as if it were a maintenance order within the meaning of Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981.

(4)

Where a recovery order requires the liable person to make payments to the Department, the Department may, by giving notice in writing to the court which made the order, the liable person, and the claimant, transfer to the claimant the right to receive payments under the order and to exercise the relevant rights in relation to the order.

(5)

In this regulation—

(a)

the expressions “the court” and “recovery order” have the same meanings as in Article 25 of the Order, and

(b)

“the relevant rights” means, in relation to a recovery order, the right to bring any proceedings, take any steps or do any other thing under or in relation to the order.

Regulation 167 Recovery ordersI1

Annotations

Commencement

Footnotes