The Child Support (Northern Ireland) Order 1991
1991/2628 · Made 19 November 1991 · Extends to Northern Ireland
Annotations to the whole text
Modifications
- C1
Order power to apply (with modifications) conferred (5.12.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 3(4), 41(1); S.R. 2008/489, art. 2
- C2
Order: transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 42 (with arts. 28-31)
- C3
Order applied in part (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2 (with reg. 3)
- C4
Order applied (30.6.2014) by The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations (Northern Ireland) 2014 (S.R. 2014/191), regs. 1(1), 7(1)
- C5
Order: power to amend conferred by 1998 c. 47, s. 87(4)-(6)
- C6
Order: functions transf. by S.R. 1999/481, Sch. 6 Pt. II
Contents
- Introductory
- 1Title and commencement
- 2Interpretation
- 3Meaning of “child”
- 4Meaning of certain other terms used in this Order
- The basic principles
- 5The duty to maintain
- 6Welfare of children: the general principle
- 7Child support maintenance
- 8Child support maintenance: supplemental provisions
- 9Applications by those claiming or receiving benefit Repealed
- 10Role of the courts with respect to maintenance for children
- 11Agreements about maintenance
- 12Relationship between maintenance calculations and certain court orders and related matters
- Maintenance calculations
- 13Maintenance calculations
- 14Default and interim maintenance decisions
- Child support officers
- Information
- 16Information required by the Department
- 16AInformation - offences
- 17Powers of inspectors
- Reviews and appeals
- 18Revision of decisions
- 19Decisions superseding earlier decisions
- 20Reviews of decisions of child support officers Repealed
- 21Reviews at instigation of child support officers Repealed
- 22Appeals to appeal tribunals
- 22ALapse of appeals Repealed
- 23Child support appeal tribunals Repealed
- 24Matters concerning Child Support Commissioners
- 24ARedetermination of appeals
- 25Appeal to Child Support Commissioner
- 26Appeal from Child Support Commissioner on question of law
- 27Disputes about parentage
- 27ARecovery of fees for scientific tests
- 28Applications for declaration of parentage under Matrimonial and Family Proceedings (Northern Ireland) Order 1989
- Decisions and appeals dependent on other cases
- 28ZADecisions involving issues that arise on appeal in other cases
- 28ZBAppeals involving issues that arise on appeal in other cases
- Cases of error
- 28ZCRestrictions on liability in certain cases of error
- 28ZDCorrection of errors and setting aside of decisions
- Variations
- 28AApplication for variation of usual rules for calculating maintenance
- 28BPreliminary consideration of applications
- 28CImposition of regular payments condition
- 28DDetermination of applications
- 28EMatters to be taken into account
- 28FAgreement to a variation
- 28GVariations: revision and supersession
- 28HDeparture directions: decisions and appeals Repealed
- 28ITransitional provisions Repealed
- Voluntary Payments
- 28JVoluntary Payments
- Collection and enforcement
- 29Collection of child support maintenance
- 30Collection and enforcement of other forms of maintenance
- 31Deduction from earnings orders
- 32Regulations about deduction from earnings orders
- 32AOrders for regular deductions from accounts
- 32BOrders under Article 32A: joint accounts
- 32CRegulations about orders under Article 32A
- 32DOrders under Article 32A: offences
- 32ELump sum deductions: interim orders
- 32FLump sum deductions: final order
- 32GOrders under Articles 32E and 32F: freezing of accounts etc.
- 32HOrders under Article 32F: deductions and payments
- 32IPower to disapply Articles 32G(1) and (2) and 32H(2)(b) and (4)(b)
- 32JRegulations about orders under Article 32E or 32F
- 32KLump sum deduction orders: offences
- 32LOrders preventing avoidance
- 33Liability orders
- 34Regulations about liability orders
- 35Enforcement of liability orders
- 36Enforcement in Northern Ireland of English and Scottish liability orders
- 36ACommitment to prison and disqualification from driving
- 37Commitment to prison
- 37ADisqualification from driving: further provision
- 38Arrears of child support maintenance
- 38APenalty payments
- 38BRepayment of overpaid child support maintenance
- 38CPower to treat liability as satisfied
- 38DPower to accept part payment of arrears in full and final satisfaction
- 38EPower to write off arrears
- Special cases
- 39Special cases
- 40Recovery of child support maintenance by deduction from benefit
- 40ARecovery of arrears from deceased's estate
- Jurisdiction
- 41Jurisdiction
- 42Jurisdiction of courts in certain proceedings under this Order
- Miscellaneous and supplemental
- 43Reduced benefit decisions Repealed
- 43AFinality of decisions
- 43BMatters arising as respects decisions
- 44Fees
- 45Conduct of proceedings
- 45DDisclosure of information to credit reference agencies
- 46Unauthorised disclosure of information
- 47Supplementary powers to make regulations
- 47APilot schemes
- 48Regulations and orders
- 49Co-ordination with Great Britain
- 50Application to Crown
- 51Amendments, etc.
- Schedule 1: MAINTENANCE CALCULATIONS
- Part I: CALCULATION OF WEEKLY AMOUNT OF CHILD SUPPORT MAINTENANCE
- General rule
- 1Paragraph 1
- Basic rate
- 2Paragraph 2
- Reduced rate
- 3Paragraph 3
- Flat rate
- 4Paragraph 4
- Nil rate
- 5Paragraph 5
- Non-resident parent party to other maintenance arrangement
- 5AParagraph 5A
- Apportionment
- 6Paragraph 6
- Shared care - basic and reduced rate
- 7Paragraph 7
- Shared care - flat rate
- 8Paragraph 8
- Regulations about shared care
- 9Paragraph 9
- Gross weekly income
- 10Paragraph 10
- Regulations about rates, figures, etc.
- 10AParagraph 10A
- Regulations about income
- 10BParagraph 10B
- References to various terms
- 10CParagraph 10C
- Part II: GENERAL PROVISIONS ABOUT MAINTENANCE CALCULATIONS
- Effective date of calculation
- 11Paragraph 11
- Form of calculation
- 12Paragraph 12
- Calculations where amount of child support is nil
- 13Paragraph 13 Repealed
- Consolidated applications and calculations
- 14Paragraph 14
- Separate calculations for different periods
- 15Paragraph 15
- Termination of calculations
- 16Paragraph 16
- Schedule S 2, 3Schedule S 2, 3
- Schedule 4: MATTERS CONCERNING CHILD SUPPORT COMMISSIONERS
- Part: Proceedings before Child Support Commissioners
- 1Paragraph 1
- Part: Determination of questions by other officers
- 1AParagraph 1A
- Part: Tribunal of Commissioners
- 2Paragraph 2
- Part: Finality of decisions
- 3Paragraph 3
- Part: Expenses of persons required to attend proceedings
- 3AParagraph 3A
- Part: Pensions
- 4Paragraph 4
- Schedule 4A: APPLICATIONS FOR A VARIATION
- Interpretation
- 1Paragraph 1
- Applications for a variation
- 2Paragraph 2
- Completion of preliminary consideration
- 3Paragraph 3
- Information
- 4Paragraph 4
- Joint consideration of applications for a variation and appeals
- 5Paragraph 5
- Schedule 4B: APPLICATIONS FOR A VARIATION: THE CASES AND CONTROLS
- Part I: THE CASES
- General
- 1Paragraph 1
- Special expenses
- 2Paragraph 2
- Property or capital transfers
- 3Paragraph 3
- Additional cases
- 4Paragraph 4
- Part II: REGULATORY CONTROLS
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4C: DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS, ETC.
- Part: Revision of decisions Repealed
- 1Paragraph 1 Repealed
- Part: Decisions superseding earlier decisions Repealed
- 2Paragraph 2 Repealed
- Part: Appeals to appeal tribunals Repealed
- 3Paragraph 3 Repealed
- Part: Decisions and appeals dependent on other cases Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Part: Cases of error Repealed
- 6Paragraph 6 Repealed
- Schedule 5: CONSEQUENTIAL AMENDMENTS
- The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 1Paragraph 1 Repealed
- The Insolvency (Northern Ireland) Order 1989 (NI 19)
- 2Paragraph 2