SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977

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SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 24



24.(1) The provisions of this Article apply in any case in which supplementary
benefit is paid to meet requirements which include those of an illegitimate
child.

(2) If no affiliation order is in force the [Department] may, within three
years from the time when any payment by way of supplementary benefit was made,
make application upon complaint to a justice of the peace having jurisdiction
in the petty sessions district in which the mother of the child resides for a
summons to be issued under section 2 of the Illegitimate Children (Affiliation
Orders) Act (Northern Ireland) 1924.

(3) In any proceedings on an application under paragraph (2) the court shall
hear such evidence as the [Department] may produce, in addition to the
evidence required to be heard by section 1(3) of the said Act of 1924, and
shall in all respects, subject to the provisions of paragraph (4), proceed as
on an application made by the mother under section 2 of that Act.

(4) An affiliation order

(a)made on an application made by the [Department] under paragraph (2); or

(b)made on an application made by the [Department] in proceedings brought by
the mother of the child under section 2 of the said Act of 1924;

(5) Any affiliation order, whether made before or after the commencement of
this Order, may, on the application of the [Department], be varied so as to
provide for the making of payments, or part thereof, as mentioned in paragraph
(4); and an application by the [Department] under this paragraph may be made

(a)notwithstanding that the mother has died and no person has been appointed
to have the custody of the child; and

(b)where the child is not in the care of the mother and she is not
contributing to his maintenance, without making her a party to the
proceedings.

(6) Any affiliation order which provides for the making of payments, or part
thereof, as mentioned in paragraph (4) may, on the application of the mother
of the child or any other person who has custody of the child either legally
or by any arrangement approved by the court, be varied so as to provide that
the payments shall be made to the mother or the person having the custody of
the child.

Para.(7) rep. by 1980 NI 8 art.16 sch.4 Pt.II

(8) An affiliation order made or varied under this Article shall be an
affiliation order within the meaning of the said Act of 1924, and accordingly
the provisions of that Act shall, without prejudice to the foregoing
provisions of this Article, apply to any such order so made or varied.

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Northern Irish Legislation

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 24