Child Support (Northern Ireland) Order 1995
| Jurisdiction | UK Non-devolved |
1995 No. 2702 (N.I. 13)
NORTHERN IRELAND
The Child Support (Northern Ireland) Order 1995
Made 18th October 1995
Laid before Parliament 15th November 1995
Coming into operation in accordance with Article 1(3) and (4)
At the Court at Buckingham Palace, the 18th Day of October 1995
Present,
The Queen’s Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding to those of the Child Support Act 19951:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 19742(as modified by section 29 (1) of the said Act of 1995) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Introductory
Title and commencement
1.—(1) This Order may be cited as the Child Support (Northern Ireland) Order 1995.
(2) This Order and the Order of 1991 may be cited together as the Child Support (Northern Ireland) Orders 1991 and 1995.
(3) This Order, except paragraph 17 of Schedule 3, shall come into operation on such day or days as the Head of the Department may by order appoint.
(4) Paragraph 17 of Schedule 3 shall come into operation on the day appointed under Article 1(2) of the Children (Northern Ireland) Order 19953for the coming into operation of paragraph 182 of Schedule 9 to that Order.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 19544shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order “the Order of 1991” means the Child Support (Northern Ireland) Order 19915.
(3) Expressions in this Order which are used in the Order of 1991 have the same meaning in this Order as they have in that Order.
Departure directions, etc.
Departure from usual rules for determining maintenance assessments
3.—(1) In the Order of 1991, after Article 28 there shall be inserted the following Articles—
“Departure from usual rules for determining maintenance assessments(28A) Application for a departure direction(1) Where a maintenance assessment (“the current assessment”) is in force, the person with care, or absent parent, with respect to whom it was made may apply to the Department for a direction under Article 28F (a “departure direction”).(2) An application for a departure direction shall state in writing the grounds on which it is made and shall, in particular, state whether it is based on—(a) the effect of the current assessment; or(b) a material change in the circumstances of the case since the current assessment was made.(3) In other respects, an application for a departure direction shall be made in such manner as may be prescribed.(4) An application may be made under this Article even though—(a) an application for a review has been made under Article 19 or 20 with respect to the current assessment; or(b) a child support officer is conducting a review of the current assessment under Article 18 or 21.(5) If the Department considers it appropriate to do so, the Department may by regulations provide for the question whether a change of circumstances is material to be determined in accordance with the regulations.(6) Schedule 4A shall have effect in relation to departure directions.(28B) Preliminary consideration of applications(1) Where an application for a departure direction has been duly made to the Department, it may give the application a preliminary consideration.(2) Where the Department does so the Department may, on completing the preliminary consideration, reject the application if it appears to the Department—(a) that there are no grounds on which a departure direction could be given in response to the application; or(b) that the difference between the current amount and the revised amount is less than an amount to be calculated in accordance with regulations made by the Department for the purposes of this paragraph and Article 28F(4).(3) In paragraph (2)—“the current amount” means the amount of the child support maintenance fixed by the current assessment; and“the revised amount” means the amount of child support maintenance which, but for paragraph (2)(b), would be fixed if a fresh maintenance assessment were to be made as a result of a departure direction allowing the departure applied for.(4) Before completing any preliminary consideration, the Department may refer the current assessment to a child support officer for it to be reviewed as if an application for a review had been made under Article 19 or 20.(5) A review initiated by a reference under paragraph (4)shall be conducted as if paragraph (4) of Article 19, or (as the case may be) paragraph (8) of Article 20, were omitted.(6) Where, as a result of a review of the current assessment under Article 18, 19, 20 or 21 (including a review initiated by a reference under paragraph (4)), a fresh maintenance assessment is made, the Department—(a) shall notify the applicant and such other persons as may be prescribed that the fresh maintenance assessment has been made; and(b) may direct that the application is to lapse unless, before the end of such period as may be prescribed, the applicant notifies the Department that he wishes it to stand.(28C) Imposition of a regular payments condition(1) Where an application for a departure direction is made by an absent parent, the Department may impose on him one of the conditions mentioned in paragraph (2) (“a regular payments condition”).(2) The conditions are that—(a) the applicant must make the payments of child support maintenance fixed by the current assessment;(b) the applicant must make such reduced payments of child support maintenance as may be determined in accordance with regulations made by the Department.(3) Where the Department imposes a regular payments condition, the Department shall give written notice to the absent parent and person with care concerned of the imposition of the condition and of the effect of failure to comply with it.(4) A regular payments conditions shall cease to have effect on the failure or determination of the application.(5) For the purposes of paragraph (4), an application for a departure direction fails if—(a) it lapses or is withdrawn; or(b) the Department rejects if on completing a preliminary consideration under Article 28B.(6) Where an absent parent has failed to comply with a regular payments condition—(a) the Department may refuse to consider the application; and(b) in prescribed circumstances the application shall lapse.(7) The question whether an absent parent has failed to comply with a regular payments condition shall be determined by the Department.(8) Where the Department determines that an absent parent has failed to comply with a regular payments condition the Department shall give that parent, and the person with care, concerned, written notice of its decision.(28D) Determination of applications(1) Where an application for a departure direction has not failed, the Department shall—(a) determine the application in accordance with the relevant provisions of, or made under, this Order; or(b) refer the application to a child support appeal tribunal for the tribunal to determine it in accordance with those provisions.(2) For the purposes of paragraph (1), an application for a departure direction has failed if—(a) it has lapsed or been withdrawn; or(b) the Department has rejected it on completing a preliminary consideration under Article 28B.(3) In dealing with an application for a departure direction which has been referred to it under paragraph (1)(b), a child support appeal tribunal shall have the same powers, and be subject to the same duties, as would the Department if it were dealing with the application.(28E) Matters to be taken into account(1) In determining any application for a departure direction, the Department shall have regard both to the general principles set out in paragraph (2) and to such other considerations as may be prescribed.(2) The general principles are that—(a) parents should be responsible for maintaining their children whenever they can afford to do so;(b) where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.(3) In determining any application for a departure direction, the Department shall take into account any representations made to it by the person with care or absent parent concerned.(4) In determining any application for a departure direction, no account shall be taken of the fact that—(a) any part of the income of the person with care concerned is, or would be if a departure direction were made, derived from any benefit; or(b) some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.(5) In this Article “benefit” has such meaning as may be prescribed.(28F) Departure directions(1) The Department may give a departure direction if—(a) the Department is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and(b) it is the Department’s opinion that, in all the circumstances of the case, it would be just and equitable to give a departure direction.(2) In considering whether it would be just and equitable in any case to give a departure direction, the Department shall have regard, in particular, to—(a) the financial circumstances of the absent parent concerned,(b) the financial circumstances of the person with care concerned, and(c) the welfare of any child likely to be affected by the direction.(3) The Department may by regulations make provision—(a) for factors which are to be taken into account in...
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