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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Statutory Rule 2001 No. 12 No. 12 URL: http://www.bailii.org/nie/legis/num_reg/2001/20010012.html

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"the Child Support Order" means the Child Support (Northern Ireland) Order 1991[2] before its amendment by the Act; and

"the Social Security Order" means the Social Security (Northern Ireland) Order 1998[3].

Application of the Regulations
     2.  - (1) For the purposes of section 26(2) of the Act, section 26 shall have effect as if it were modified so as to apply to cases of arrears of child support maintenance which have become due under a fresh maintenance assessment made in the following circumstances - 

(a) where the Department has given a departure direction under Article 28F of the Child Support Order[4] and - 


(i) the revised amount is higher than the current amount, and

(ii) the effective date of the fresh maintenance assessment is a date before 1st June 1999, or



(b) following a review under Article 20 of the Child Support Order[5] (reviews of decisions of child support officers) or a review under Article 21 of that Order[6] (reviews at instigation of child support officers) (as those provisions had effect before their substitution by Article 41 of the Social Security Order),

and the effective date of the assessment is earlier than the date on which the assessment was made; or

(c) following an appeal to a child support appeal tribunal under Article 22 of the Child Support Order[7] (as it had effect before its substitution by Article 42 of the Social Security Order) against a decision of a child support officer.

    (2) In this Regulation - 

"current amount" means the amount of child support maintenance fixed by the current assessment; and

"revised amount" means the amount of child support maintenance fixed by the fresh maintenance assessment as a result of the departure direction given by the Department.

Prescribed date
     3. For the purposes of section 26(1)(a) of the Act, the prescribed date is 1st April 2002.

Prescribed circumstances
     4.  - (1) In relation to cases of arrears which have become due under a maintenance assessment falling within section 26(1)(a) of the Act or a fresh maintenance assessment falling within section 26(1)(b) of the Act or regulation 2(1), the prescribed circumstances for the purposes of section 26(3) of the Act are that - 

(a) more than 6 months of arrears of child support maintenance have become due under the maintenance assessment;

(b) at least 3 months of those arrears are due to unreasonable delay due to an act or omission by the Department or a child support officer as the case may be;

(c) the Department is authorised under Article 29(1) of the Child Support Order to arrange for the collection of child support maintenance payable in accordance with the maintenance assessment;

(d) the Department is satisfied that the absent parent is, at the time the agreement is made, making such payments as are required of him in accordance with regulations made under Article 29(3)(b) or (c) of the Child Support Order;

(e) where the absent parent is liable to make child support maintenance payments under a different maintenance assessment, there are no existing arrears in relation to any of them at the time the agreement is made, except for those arrears that the Department is satisfied have arisen through no fault of the absent parent; and

(f) in relation to cases under section 26(1)(b) of the Act or regulation 2(1), the absent parent has paid any arrears which he has been required to pay in relation to the maintenance assessment, or has done so except in relation to - 


(i) arrears of at least 3 months which are due to unreasonable delay due to an act or omission of the Department or a child support officer as the case may be, or

(ii) any other arrears that the Department is satisfied have arisen through no fault of the absent parent.

    (2) In this regulation "agreement" means an agreement under section 26 of the Act.

Terms of the agreement
     5.  - (1) For the purposes of section 26(4) of the Act, the terms which may be specified in the agreement are - 

(a) the period of the agreement;

(b) payment of the child support maintenance payable in accordance with the maintenance assessment and, where relevant, the arrears, by whichever of the following methods the Department specifies as being appropriate in the circumstances - 


(i) by standing order;

(ii) by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another's on specific dates during the period for which the authority is in force and without the need for further authority from him;

(iii) by an arrangement whereby one person gives his authority for payments to be made from an account of his, or on his behalf, to another person or to an account of that other person;

(iv) by cheque or postal order;

(v) in cash;

(vi) by debit card;

(vii) where the Department has made a deduction from earnings order under Article 31 of the Child Support Order - 



     (aa) by cheque;

     (bb) by automated credit transfer; or

     (cc) by such other method as the Department may specify;

(c) the amount of the arrears that the absent parent is required to pay (which shall include at least the last 6 months of the arrears due under the maintenance assessment);

(d) the day and interval by reference to which payments of the arrears are to be made by the absent parent; and

(e) the confirmation by the Department that it will not, while the agreement is complied with, take action to recover any of the arrears.

    (2) In this regulation "debit card" means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder's bank or building society account is debited without deferment of payment.



Sealed with the Official Seal of the Department for Social Development on


18th January 2001.

L.S.

John O'Neill
Senior Officer of the Department for Social Development

[2] S.I. 1991/2628 (N.I. 23)back

[3] S.I. 1998/1506 (N.I. 10)back

[4] Article 28F was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))back

[5] Article 20 was amended by Articles 7 and 8 of, and paragraph 4 of Schedule 3 to, the Child Support (Northern Ireland) Order 1995back

[6] Article 21 was substituted by Article 9 of the Child Support (Northern Ireland) Order 1995back

[7] Article 22 was amended by paragraph 5 of Schedule 3 to the Child Support (Northern Ireland) Order 1995back

  © Crown copyright 2001