SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977

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SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 23



23.(1) Where supplementary benefit is paid or claimed to meet requirements
which are or include those of a person whom another person is, for the
purposes of this Order, liable to maintain (in this Article referred to
respectively as "the dependant" and "the liable [person") the Department] may
make a complaint under Part IX of the Magistrates' Courts Act (Northern
Ireland) 1964 against the liable [person for] an order under this Article.

(2) [Except in a case falling within Article 22(1)(c), no] complaint under
paragraph (1) shall be made where the dependant is an illegitimate child and
the liable [person] is his father.

(3) On the hearing of a complaint under paragraph (1) the court shall have
regard to all the circumstances and, in particular, to the resources of the
liable [person], and may order him to pay such sum, weekly or otherwise, as it
may consider appropriate [except that, in a case falling within Article
22(1)(c), that sum shall not include any amount which is not attributable to
supplementary benefit (whether paid before or after the making of the order).]

(4) In determining whether to order any payments to be made in respect of
supplementary benefit for any period before the complaint was made, or the
amount of any such payments, the court shall disregard any amount by which the
liable [person's] resources exceed the resources which were his during that
period.

(5) Any payments ordered to be made under this Article shall be made

(a)to the Department in so far as they are attributable to any supplementary
benefit (whether paid before or after the making of the order);

(b)to the person claiming supplementary benefit or (if different) the
dependant; or

(c)to such other person as appears to the court expedient in the interests of
the dependant.

Para.(6) rep. by 1980 NI 8 art.16 sch.4 Pt.II

(7) Any proceedings for an order under this Article shall be included among
the proceedings which are domestic proceedings within the meaning of the
Magistrates' Courts Act (Northern Ireland) 1964; and section 98 of that Act
(definition of "domestic proceedings") shall have effect accordingly.

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Northern Irish Legislation

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 23