The Child Support (Northern Ireland) Order 1991

• Citation: S.I. 1991/2628 (N.I.)
• Sections: 137

Section 1 Title and commencement

(1) This Order may be cited as the Child Support (Northern Ireland) Order 1991.

(2) This Order shall come into operation on such day or days as may be appointed by order made by the Lord Chancellor or the Head of the Department or by both of them acting jointly.

(3) An order under paragraph (2) may make such supplemental, incidental or transitional provision as appears to the person making the order to be necessary or expedient in connection with the provisions brought into operation by the order, including such adaptations or modifications of—

(a) the provisions so brought into operation;

(b) any provisions of this Order then in operation; or

(c) any provision of any other statutory provision,

as appear to him to be necessary or expedient.

(4) Different provision may be made by virtue of paragraph (3) with respect to different periods.

(5) Any provision made by virtue of paragraph (3) may, in particular, include provision for—

(a) the enforcement of a maintenance calculation (including the collection of sums payable under the calculation ) as if the calculation were a court order of a prescribed kind;

(b) the registration of maintenance calculations with the appropriate court in connection with any provision of a kind mentioned in sub-paragraph (a);

(c) the variation, on application made to a court, of the provisions of a maintenance calculation relating to the method of making payments fixed by the calculation or the intervals at which such payments are to be made;

(d) a maintenance calculation , or an order of a prescribed kind relating to one or more children, to be deemed, in prescribed circumstances, to have been validly made for all purposes or for such purposes as may be prescribed.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall 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—

“ non-resident parent ” has the meaning given in Article 4(2);

Definition rep. by S.I. 1998/1506 (N.I. 10)

“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of the Social Security (Northern Ireland) Order 1998;

“application for a variation ” means an application under Article 28A or 28G ;

...

“benefit Acts” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security Administration (Northern Ireland) Act 1992

“child benefit” has the same meaning as in the Child Benefit (Northern Ireland) Order 1975 ;

Definitions rep. by S.I. 1998/1506 (N.I. 10)

“Child Support Commissioner” means a Child Support Commissioner for Northern Ireland appointed under section 23 of the Child Support Act 1991 ;

“child support maintenance” has the meaning given in Article 4(6);

“ curfew order ” has the meaning given in Article 36G(1);

Definition rep. by S.I. 1998/1506 (N.I. 10)

...

“deduction from earnings order” has the meaning given in Article 31(2);

“default maintenance decision” has the meaning given in Article 14;

“the Department” means the Department of Health and Social Services;

“ deposit taker ” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;

...

“disability living allowance” has the same meaning as in the Social Security (Northern Ireland) Act 1975 ;

Definition rep. by 2002 c. 21

“income support” has the same meaning as in the benefit Acts;

“income-based jobseeker's allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;

“ income-related employment and support allowance ” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

“interim maintenance decision ” has the meaning given in Article 14;

“liability order” has the meaning given in Article 33(2);

“maintenance agreement” has the meaning given in Article 11(1);

“maintenance calculation” means a calculation of maintenance made under this Order and, except in prescribed circumstances, includes a default maintenance decision and an interim maintenance decision;

“maintenance order” has the meaning given in Article 10(11);

...

“parent”, in relation to any child, means any person who is in law the mother or father of the child and, in the case of an illegitimate child, includes the father;

“parent with care” means a person who is, in relation to a child, both a parent and a person with care;

“parental responsibility” has the same meaning as in the Children (Northern Ireland) Order 1995 ;

“person with care” has the meaning given in Article 4(3);

“prescribed”, except in Article 12(5), means prescribed by regulations made by the Department;

“qualifying child” has the meaning given in Article 4(1);

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 .

“voluntary payment” has the meaning given in Article 28J.

(3) The definition of “deposit-taker” in paragraph (2) is to be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.

Section 3 Meaning of “child”

(1) In this Order, “ child ” means (subject to paragraph (2)) a person who—

(a) has not attained the age of 16, or

(b) has not attained the age of 20 and satisfies such conditions as may be prescribed.

(2) A person who is or has been party to a marriage or civil partnership is not a child for the purposes of this Order.

(3) For the purposes of paragraph (2), “marriage” and “civil partnership” include a void marriage and a void civil partnership respectively.

Section 4 Meaning of certain other terms used in this Order

(1) A child is a “qualifying child” if—

(a) one of his parents is, in relation to him, a non-resident parent ; or

(b) both of his parents are, in relation to him, non-resident parent s.

(2) The parent of any child is a “ non-resident parent ”, in relation to him, if—

(a) that parent is not living in the same household with the child; and

(b) the child has his home with a person who is, in relation to him, a person with care.

(3) A person is a “person with care”, in relation to any child, if he is a person—

(a) with whom the child has his home;

(b) who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

(c) who does not fall within a prescribed category of person.

(4) The Department shall not, under paragraph (3)(c), prescribe as a category—

(a) parents;

(b) guardians;

(c) persons in whose favour residence orders under Article 8 of the Children (Northern Ireland) Order 1995 are in force .

(5) For the purposes of this Order there may be more than one person with care in relation to the same qualifying child.

(6) Periodical payments which are required to be paid in accordance with a maintenance calculation are referred to in this Order as “child support maintenance”.

(7) Expressions are defined in this Article only for the purposes of this Order.

Section 5 The duty to maintain

(1) For the purposes of this Order, each parent of a qualifying child is responsible for maintaining him.

(2) For the purposes of this Order, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his by making periodical payments of maintenance with respect to the child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Order.

(3) Where a maintenance calculation made under this Order requires the making of periodical payments, it shall be the duty of the non-resident parent with respect to whom the calculation was made to make those payments.

Section 6 Welfare of children: the general principle

Where in any case which falls to be dealt with under this Order, the Department . . . is considering the exercise of any discretionary power conferred by this Order, the Department . . . shall have regard to the welfare of any child likely to be affected by its . . . decision.

Section 7 Child support maintenance

(1) A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the non-resident parent may apply to the Department for a maintenance calculation to be made under this Order with respect to that child, or any of those children.

(2) Where a maintenance calculation has been made in response to an application under this Article the Department may, if the persons with care ... applies to it under this paragraph, arrange for—

(a) the collection of the child support maintenance payable in accordance with the calculation ;

(b) the enforcement of the obligation to pay child support maintenance in accordance with the calculation .

(2A) The Department may only make arrangements under paragraph (2)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) the Department is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

(3) Where an application under paragraph (2) for the enforcement of the obligation mentioned in paragraph (2)(b) authorises the Department to take steps to enforce that obligation whenever it considers it necessary to do so, the Department may act accordingly.

(3A) Where a maintenance calculation has been made in response to an application under this Article, the Department may, if the person with care or the non-resident parent applies to the Department under this paragraph, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant abusive behaviour that it is appropriate for such arrangements to be made.

(3B) For the purposes of paragraph (3A), “ relevant abusive behaviour ” means—

(a) where the application under paragraph (3A) is made by the person with care, behaviour of the non-resident parent that is abusive of the person with care or of any child living in the same household with the person with care;

(b) where the application under paragraph (3A) is made by the non-resident parent, behaviour of the person with care that is abusive of the non-resident parent or of any child living in the same household with the non-resident parent.

(3C) What amounts to abusive behaviour for the purposes of paragraph (3B) is to be construed in the same way as is provided for in Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see sections 2, 3(2) and 4 of that Act).

(4) A person who applies to the Department under this Article shall, so far as that person reasonably can, comply with such regulations as may be made by the Department with a view to the Department . . . being provided with the information which is required to enable—

(a) the non-resident parent to be identified or traced (where that is necessary);

(b) the amount of child support maintenance payable by the non-resident parent to be calculated ; ...

(c) that amount to be recovered from the non-resident parent ; and

(d) the making by the Department of a determination for the purposes of paragraph (3A).

(5) Any person who has applied to the Department under this Article may at any time request it to cease acting under this Article.

(6) It shall be the duty of the Department to comply with any request made under paragraph (5) (but subject to any regulations made under paragraph (8)).

(7) The obligation to provide information which is imposed by paragraph (4)—

(a) shall not apply in such circumstances as may be prescribed; and

(b) may, in such circumstances as may be prescribed, be waived by the Department.

(8) The Department may by regulations make such incidental, supplemental or transitional provision as it thinks appropriate with respect to cases in which it is requested to cease to act under this Article.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) No application may be made at any time under this Article with respect to a qualifying child or any qualifying children if—

(a) there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order made before a prescribed date , in respect of that child or those children and the person who is, at that time, the non-resident parent ; or

(aa) a maintenance order made on or after the date prescribed for the purposes of sub-paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with and including the date on which it was made; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 8 Child support maintenance: supplemental provisions

(1) Where—

(a) there is more than one person with care of a qualifying child; and

(b) one or more, but not all, of them have parental responsibility for the child;

no application may be made for a maintenance calculation with respect to the child by any of those persons who do not have parental responsibility for the child.

(2) Where more than one application for a maintenance calculation is made with respect to the child concerned, only one of them may be proceeded with.

(3) The Department may by regulations make provision as to which of two or more applications for a maintenance calculation with respect to the same child is to be proceeded with.

Section 9 Applications by those claiming or receiving benefit

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10 Role of the courts with respect to maintenance for children

(1) This paragraph applies in any case where the Department would have jurisdiction to make a maintenance calculation with respect to a qualifying child and a non-resident parent of his on an application duly made ... by a person entitled to apply for such a calculation with respect to that child.

(2) Paragraph (1) applies even though the circumstances of the case are such that the Department would not make a calculation if it were applied for.

(3) Except as provided in paragraph (3A), in any case where paragraph (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and non-resident parent concerned.

(3A) Unless a maintenance calculation has been made with respect to the child concerned, paragraph (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—

(a) if the maintenance order was made on or after the date prescribed for the purposes of Article 7(10)(a); or

(b) where the order was made before then, in any case in which Article 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.

(4) Paragraph (3) does not prevent a court from revoking a maintenance order.

(5) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order provide that, in such circumstances as may be specified by the order, this Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a written agreement (whether or not enforceable) provides for the making, or securing, by a non-resident parent of the child of periodical payments to or for the benefit of the child; and

(b) the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (5)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(6) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a maintenance calculation is in force with respect to the child;

(b) the non-resident parent’s gross weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and

(c) the court is satisfied that the circumstances of the case make it appropriate for the non-resident parent to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the maintenance calculation .

(7) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

(b) the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

(8) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) an allowance under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 (personal independence payment) or a disability living allowance is paid to or in respect of him; or

(b) no such allowance is paid but he is disabled,

and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child's disability.

(9) For the purposes of paragraph (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.

(10) This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.

(11) In this Order “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—

Sub-para. (a) rep. by 1995 NI 2

(b) Part III of the Matrimonial Causes (Northern Ireland) Order 1978 ;

(c) the Domestic Proceedings (Northern Ireland) Order 1980 ;

(d) Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 ; . . .

(da) Schedule 15, 16 or 17 to the Civil Partnership Act 2004; or

(dd) Schedule 1 to the Children (Northern Ireland) Order 1995; . . .

(e) any other prescribed statutory provision,

and includes any order varying or reviving such an order.

Section 11 Agreements about maintenance

(1) In this Article “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance to or for the benefit of any child.

(2) Nothing in this Order shall be taken to prevent any person from entering into a maintenance agreement.

(3) Subject to Article 7(10)(a) the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a maintenance calculation with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

(4) Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance calculation , that provision shall be void.

(5) Where Article 10 would prevent any court from making a maintenance order in relation to a child and a non-resident parent of his, no court shall exercise any power that it has to vary any agreement so as—

(a) to insert a provision requiring that non-resident parent to make or secure the making of periodical payments by way of maintenance to or for the benefit of that child; or

(b) to increase the amount payable under such a provision.

(6) In any case in which Article 7(10) prevents the making of an application for a maintenance calculation , ... paragraph (5) shall have effect with the omission of sub-paragraph (b).

Section 12 Relationship between maintenance calculations and certain court orders and related matters

(1) Where an order of a kind prescribed for the purposes of this paragraph is in force with respect to any qualifying child with respect to whom a maintenance calculation is made, the order—

(a) shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Department; or

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(2) Where an agreement of a kind prescribed for the purposes of this paragraph is in force with respect to any qualifying child with respect to whom a maintenance calculation is made, the agreement—

(a) shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Department; or

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(3) Any regulations under this Article may, in particular, make such provision with respect to—

(a) any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of paragraph (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the maintenance calculation and of the provisions of this Order;

(b) the recovery of any arrears under the order or agreement which fell due before the coming into force of the maintenance calculation ,

as the Department considers appropriate and may provide that, in prescribed circumstances, an application to any court which is made with respect to an order of a prescribed kind relating to the making or securing of periodical payments to or for the benefit of a child shall be treated by the court as an application for the order to be revoked.

(4) The Department may by regulations make provision for—

(a) notification to be given by the the Department to the prescribed person in any case where it considers that the making of a maintenance calculation has affected, or is likely to affect, any order of a kind prescribed for the purposes of this paragraph;

(b) notification to be given by the prescribed person to the Department in any case where a court makes an order which it considers has affected, or is likely to affect, a maintenance calculation .

(5) Magistrates' courts rules may be made requiring any person who, in prescribed circumstances, makes an application to a court of summary jurisdiction for a maintenance order to furnish the court with a statement in a prescribed form, and signed by an officer of the Department , as to whether or not, at the time when the statement is made, there is a maintenance calculation in force with respect to that person or the child concerned.

(6) In paragraph (5)—

“maintenance order” means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and

“prescribed” means prescribed by the rules.

Section 13 Maintenance calculations

(1) An application for a maintenance calculation made to the Department shall be dealt with by it in accordance with the provision made by or under this Order.

(2) The Department shall (unless it decides not to make a maintenance calculation in response to the application, or makes a decision under Article 14) determine the application by making a decision under this Article about whether any child support maintenance is payable and, if so, how much.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.

(7) If the Department has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis it determines under Article 28F(4).

(8) Part II of Schedule 1 makes further provision with respect to maintenance calculations.

Section 14 Default and interim maintenance decisions

(1) Where the Department—

(a) is required to make a maintenance calculation; or

(b) is proposing to make a decision under Article 18 or 19,

and it appears to the Department that it does not have sufficient information to enable it to do so, it may make a default maintenance decision.

(2) Where an application for a variation has been made under Article 28A(1) in connection with an application for a maintenance calculation ... , the Department may make an interim maintenance decision.

(3) The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.

(4) The Department may by regulations make provision as to default and interim maintenance decisions.

(5) The regulations may, in particular, make provision as to—

(a) the procedure to be followed in making a default or an interim maintenance decision; and

(b) a default rate of child support maintenance to apply where a default maintenance decision is made.

Section 16 Information required by the Department

(1) The Department may make regulations requiring any information or evidence needed for the determination of any application made ... under this Order, or any question arising in connection with such an application, ... , or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Order, or needed in connection with the collection or enforcement of child support or other maintenance under this Order, to be furnished—

(a) by such persons as may be determined in accordance with regulations made by the Department; and

(b) in accordance with the regulations.

(1A) Regulations under paragraph (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.

Paras. (2), (2A) rep. by S.I. 1995/2702 (N.I. 13)

(3) The Department may by regulations make provision authorising the disclosure by it . . . , in such circumstances as may be prescribed, of such information held by it for purposes of this Order as may be prescribed.

Para. (4) rep. by S.I. 1995/2702 (N.I. 13)

Section 16A Information - offences

(1) This Article applies to—

(a) persons who are required to comply with regulations under Article 7(4); and

(b) persons specified in regulations under Article 16(1)(a).

(2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—

(a) he makes a statement or representation which he knows to be false; or

(b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

(3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.

(3A) In the case of regulations under Article 16 which require a person liable to make payments of child support maintenance to notify—

(a) a change of address, or

(b) any other change of circumstances,

a person who fails to comply with the requirement is guilty of an offence.

(4) It is a defence for a person charged with an offence under paragraph (3) or (3A) to prove that he had a reasonable excuse for failing to comply.

(5) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Notwithstanding anything in Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time for taking proceedings), summary proceedings for an offence under paragraph (2) may be instituted at any time within the period of 12 months beginning with the commission of the offence.

Section 17 Powers of inspectors

(1) The Department may appoint, on such terms as it thinks fit, persons to act as inspectors under this Article.

(2) The function of inspectors shall be to acquire information which the Department needs for any of the purposes of this Order.

(3) Every inspector shall be given a certificate of his appointment.

(4) An inspector shall have power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—

(a) are liable to inspection under this Article; and

(b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this Article,

and may there make such examination and inquiry as he considers appropriate.

(4A) Premises liable to inspection under this Article are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—

(a) premises at which a non-resident parent is or has been employed;

(b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;

(c) premises at which there is information held by a person ( “A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A's own trade, profession, vocation or business.

(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

(6) If required to do so by an inspector exercising his powers, any such person shall furnish to the inspector all such information and documents as the inspector may reasonably require.

(7) No person shall be required under this Article to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married or is a civil partner , his or her spouse or civil partner .

(8) On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

(9) If any person—

(a) intentionally delays or obstructs any inspector exercising his powers; or

(b) without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this Article,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In this Article—

“certificate” means a certificate of appointment issued under this Article;

“inspector” means an inspector appointed under this Article;

“powers” means powers conferred by this Article; . . .

Definition rep. by 2000 c. 4 (NI)

(11) In this Article, “premises” includes—

(a) moveable structures and vehicles, vessels, aircraft and hovercraft;

(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

(c) places of all other descriptions whether or not occupied as land or otherwise,

and references in this Article to the occupier of premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.

Section 18 Revision of decisions

(1) Any decision to which paragraph (1A) applies may be revised by the Department—

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose or on the Department's own initiative,

and regulations may prescribe the procedure by which a decision of the Department may be so revised.

(1A) This paragraph applies to—

(a) a decision of the Department under Article 13, 14 or 19;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a decision of an appeal tribunal on a referral under Article 28D(1)(b).

(1B) Where the Department revises a decision under Article 14(1)—

(a) it may (if appropriate) do so as if it were revising a decision under Article 13; and

(b) if it does that, its decision, as revised, shall be treated as a decision under Article 13 instead of Article 14(1) (and, in particular, shall be so treated for the purposes of an appeal against it under Article 22).

(2) In making a decision under paragraph (1), the Department need not consider any issue that is not raised by the application or, as the case may be, did not cause the Department to act on its own initiative.

(3) Subject to paragraphs (4) and (5) and Article 28ZC, a revision under this Article shall take effect as from the date on which the original decision took (or was to take) effect.

(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this Article shall take effect as from such other date as may be prescribed.

(5) Where a decision is revised under this Article, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6) Except in prescribed circumstances, an appeal against a decision of the Department shall lapse if the decision is revised under this Article before the appeal is determined.

Section 19 Decisions superseding earlier decisions

(1) Subject to paragraph (2), the following, namely—

(a) any decision of the Department under Article 13 or 14 or this Article, whether as originally made or as revised under Article 18;

(b) any decision of an appeal tribunal under Article 22; . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any decision of an appeal tribunal on a referral under Article 28D(1)(b); and

(e) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in sub-paragraph (b) or (d),

may be superseded by a decision made by the Department, either on an application made for the purpose or on the Department's own initiative.

(2) The Department may by regulations make provision with respect to the exercise of the power under paragraph (1).

(3) Regulations under paragraph (2) may, in particular—

(a) make provision about the cases and circumstances in which the power under paragraph (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;

(b) make provision with respect to the consideration by the Department, when acting under paragraph (1), of any issue which has not led to its so acting;

(c) make provision with respect to procedure in relation to the exercise of the power under paragraph (1).

(4) Subject to paragraph (5) and Article 28ZC, a decision under this Article shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.

(4A) In paragraph (4), a maintenance period is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on and including the effective date of the first decision made by the Department under Article 13 or (if earlier) the Department's first default or interim maintenance decision (under Article 14) in relation to the non-resident parent in question, and each subsequent one beginning on and including the day after the last day of the previous one.

(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this Article shall take effect as from such other date as may be prescribed.

Section 20 Reviews of decisions of child support officers

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Section 21 Reviews at instigation of child support officers

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Section 22 Appeals to appeal tribunals

(1) A qualifying person has a right of appeal to an appeal tribunal against—

(a) a decision of the Department under Article 13, 14 or 19 (whether as originally made or as revised under Article 18);

(b) a decision of the Department not to make a maintenance calculation under Article 13 or not to supersede a decision under Article 19;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the imposition (by virtue of Article 38A) of a requirement to make penalty payments, or their amount;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (1), qualifying person means—

(a) in relation to sub-paragraphs (a) and (b), the person with care, or non-resident parent, with respect to whom the Department made the decision;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in relation to sub-paragraph (d), the parent who has been required to make penalty payments; and

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in paragraph (1)(a) or (b) only if the Department has considered whether to revise the decision under Article 18.

(2B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the consideration by the Department satisfied any other condition specified in the regulations.

(2C) Regulations may make provision that, where in accordance with regulations under paragraph (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.

(3) A person with a right of appeal under this Article shall be given such notice as may be prescribed of—

(a) that right; and

(b) the relevant decision, or the imposition of the requirement.

(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision only if the Department has considered whether to revise the decision under Article 18.

(3B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the consideration by the Department satisfied any other condition specified in the regulations.

(3C) Regulations may make provision that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.

(4) Regulations may make—

(a) provision as to the manner in which, and the time within which, appeals are to be brought; and

(b) such provision with respect to proceedings before appeal tribunals as the Department considers appropriate.

(5) The regulations may in particular make any provision of a kind mentioned in Schedule 4 to the Social Security (Northern Ireland) Order 1998.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In deciding an appeal under this Article, an appeal tribunal—

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the Department made the decision or imposed the requirement.

(8) If an appeal under this Article is allowed, the appeal tribunal may—

(a) itself make such decision as it considers appropriate; or

(b) remit the case to the Department, together with such directions (if any) as it considers appropriate.

Section 22A Lapse of appeals

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Section 23 Child support appeal tribunals

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Section 24 Matters concerning Child Support Commissioners

Schedule 4 shall have effect with respect to certain matters concerning Child Support Commissioners.

Section 24A Redetermination of appeals

(1) This Article applies where an application is made to a person under Article 25(6)(a) for leave to appeal from a decision of an appeal tribunal.

(2) If the person who constituted, or was the chairman of, the appeal tribunal considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.

(4) The “principal parties” are—

(a) the Department; and

(b) those who are qualifying persons for the purposes of Article 22(2) in relation to the decision in question.

Section 25 Appeal to Child Support Commissioner

(1) Any person who is aggrieved by a decision of an appeal tribunal, and the Department , may appeal to a Child Support Commissioner on a question of law.

Para. (1A) rep. by S.I. 1998/1506 (N.I. 10)

(2) Where, on an appeal under this Article, a Child Support Commissioner holds that the decision appealed against was wrong in law he shall set it aside.

(3) Where a decision is set aside under paragraph (2), the Child Support Commissioner may—

(a) if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by the appeal tribunal ;

(b) if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or

(c) on an appeal by the Department, refer the case to an appeal tribunal with directions for its determination; or

(d) on any other appeal, refer the case to the Department or, if he considers it appropriate, to an appeal tribunal with directions for its determination.

(4) The reference under paragraph (3) to the Department shall, subject to any direction of the Child Support Commissioner, be to an officer of the Department, or to a person providing it with services, who has taken no part in the decision originally appealed against.

(5) On a reference under paragraph (3) to an appeal tribunal , the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.

(6) No appeal lies under this Article without the leave—

(a) of the person who constituted, or was the chairman, of the appeal tribunal when the decision appealed against was given or of such other person as may be determined in accordance with regulations made by the Lord Chancellor; or

(b) subject to and in accordance with regulations so made, of a Child Support Commissioner.

(7) The Lord Chancellor may by regulations make provision as to the manner in which and the time within which appeals under this Article are to be brought and applications for leave under this Article are to be made.

(8) Where a question which would otherwise fall to be determined by the Department first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by the Department .

Section 26 Appeal from Child Support Commissioner on question of law

(1) An appeal on a question of law shall lie to the Court of Appeal from any decision of a Child Support Commissioner.

(2) No such appeal may be brought except—

(a) with leave of the Child Support Commissioner who gave the decision or, where regulations made by the Lord Chancellor so provide, of a Child Support Commissioner selected in accordance with the regulations; or

(b) if the Child Support Commissioner refuses leave, with the leave of the Court of Appeal.

(3) An application for leave to appeal under this Article against a decision of a Child Support Commissioner ( “the appeal decision”) may only be made by—

(a) a person who was a party to the proceedings in which the original decision, or appeal decision, was given;

(b) the Department; or

(c) any other person who is authorised to do so by regulations made by the Lord Chancellor.

(4) In this Article “original decision” means the decision to which the appeal decision in question relates.

(5) The Lord Chancellor may by regulations make provision with respect to—

(a) the manner in which and the time within which applications must be made to a Child Support Commissioner for leave under this Article; and

(b) the procedure for dealing with such applications.

Section 27 Disputes about parentage

(1) Where a person who is alleged to be a parent of the child with respect to whom an application for a maintenance calculation has been made ... (“the alleged parent”) denies that he is one of the child's parents, the Department shall not make a maintenance calculation on the assumption that the alleged parent is one of the child's parents unless the case falls within one of those set out in paragraph (2).

(2) The Cases are—

CASE A1

Where—

(a) the child is habitually resident in Northern Ireland;

(b) the Department is satisfied that the alleged parent is a man who was married to, or the civil partner of, the child's mother at some time in the period beginning with the conception and ending with the birth of the child; and

(c) the child has not been adopted.

CASE A2

Where—

(a) the child is habitually resident in Northern Ireland;

(b) the alleged parent has been registered as the father of the child under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976, or under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 or 44 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c) the child has not subsequently been adopted.

CASE A3

Where the result of a scientific test (within the meaning of Article 27A) taken by the alleged parent would be relevant to determining the child's parentage, and the alleged parent—

(a) refuses to take such a test; or

(b) has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child.

CASE A

Where the alleged parent is a parent of the child in question by virtue of having adopted him.

CASE B

Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 or 54A of the Human Fertilisation and Embryology Act 2008 (parental orders).

CASE B1

Where the Department is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of the Human Fertilisation and Embryology Act 1990 or any of sections 33 to 46 of the Human Fertilisation and Embryology Act 2008 (which relate to children resulting from assisted reproduction).

CASE C

Where—

(a) either—

(i) a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under Article 31B or 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 or section 56 of the Family Law Act 1986 (declarations of parentage); or

(ii) a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and

(b) the child has not subsequently been adopted.

CASE D

Where—

(a) a declaration to the effect that the alleged parent is one of the parents of the child in question has been made under Article 28; and

(b) the child has not subsequently been adopted.

CASE E

Where—

(a) the alleged parent has been found or adjudged to be the father of the child in question—

(i) in affiliation proceedings before any court in the United Kingdom; or

(ii) in proceedings before any court in England and Wales or Northern Ireland which are relevant proceedings for the purposes of section 12 of the Civil Evidence Act 1968 or section 8 of the Civil Evidence Act (Northern Ireland) 1971 ,

(whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and

(b) the child has not subsequently been adopted.

(3) In this Article—

“adopted” means adopted within the meaning of Part V of the Adoption (Northern Ireland) Order 1987 ; and

“affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.

Section 27A Recovery of fees for scientific tests

(1) This Article applies in any case where—

(a) an application for a maintenance calculation has been made ... or a maintenance calculation is in force;

(b) scientific tests have been carried out (otherwise than under a direction) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or calculation is made ... ;

(c) the results of the tests do not exclude the alleged parent from being one of the child's parents; and

(d) one of the conditions set out in paragraph (2) is satisfied.

(2) The conditions are that—

(a) the alleged parent does not deny that he is one of the child's parents; or

(b) in proceedings under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 , a court has made a declaration that the alleged parent is a parent of the child in question.

(3) In any case to which this Article applies, any fee paid by the Department in connection with scientific tests may be recovered by it from the alleged parent as a debt due to the Crown.

(4) In this Article—

“bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

“direction” means a direction given by a court under Article 8 of the Family Law Reform (Northern Ireland) Order 1977 (tests to determine paternity); and

“scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

(5) Any sum recovered by the Department under this Article shall be paid by the Department into the Consolidated Fund.

Section 28 Applications for declaration of parentage under Matrimonial and Family Proceedings (Northern Ireland) Order 1989

(1) This Article applies where—

(a) an application for a maintenance calculation has been made ... , or a maintenance calculation is in force, with respect to a person ( “the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made ...;

(b) the Department is not satisfied that the case falls within one of those set out in Article 27(2); and

(c) the Department or the person with care makes an application for a declaration under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 as to whether or not the alleged parent is one of the child's parents.

(2) Where this Article applies—

(a) if it is the person with care who makes the application, that person shall be treated as having a sufficient personal interest for the purposes of paragraph (3) of that Article; and

(b) if it is the Department which makes the application, that paragraph shall not apply.

Section 28A Application for variation of usual rules for calculating maintenance

(1) Where an application for a maintenance calculation is made under Article 7 ... the person with care or the non-resident parent may apply to the Department for the rules by which the calculation is made to be varied in accordance with this Order.

(2) Such an application is referred to in this Order as an “application for a variation”.

(3) An application for a variation may be made at any time before the Department has made a decision (under Article 13 or 14(1)) on the application for a maintenance calculation ... .

(4) A person who applies for a variation—

(a) need not make the application in writing unless the Department directs in any case that he must; and

(b) shall say upon what grounds the application is made.

(5) In other respects an application for a variation shall be made in such manner as may be prescribed.

(6) Schedule 4A shall have effect in relation to applications for a variation.

Section 28B Preliminary consideration of applications

(1) Where an application for a variation has been duly made to the Department, it may give it a preliminary consideration.

(2) Where the Department does so it may, on completing the preliminary consideration, reject the application (and proceed to make its decision on the application for a maintenance calculation without any variation) if it appears to it—

(a) that there are no grounds on which it could agree to a variation;

(b) that it has insufficient information to make a decision on the application for the maintenance calculation under Article 13 (apart from any information needed in relation to the application for a variation), and therefore that its decision would be made under Article 14(1); or

(c) that other prescribed circumstances apply.

Section 28C Imposition of regular payments condition

(1) Where—

(a) an application for a variation is made by the non-resident parent; and

(b) the Department makes an interim maintenance decision,

it may also, if it has completed its preliminary consideration (under Article 28B) of the application for a variation and has not rejected it under that Article, impose on the non-resident parent one of the conditions mentioned in paragraph (2) (a “regular payments condition”).

(2) The conditions are that—

(a) the non-resident parent shall make the payments of child support maintenance specified in the interim maintenance decision;

(b) the non-resident parent shall make such lesser 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, it shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—

(a) the non-resident parent; and

(b) all the persons with care concerned.

(4) A regular payments condition shall cease to have effect—

(a) when the Department has made a decision on the application for a maintenance calculation under Article 13 (whether it agrees to a variation or not);

(b) on the withdrawal of the application for a variation.

(5) Where a non-resident parent has failed to comply with a regular payments condition, the Department may in prescribed circumstances refuse to consider the application for a variation, and instead make its decision under Article 13 as if no such application had been made.

(6) The question whether a non-resident parent has failed to comply with a regular payments condition shall be determined by the Department.

(7) Where the Department determines that a non-resident parent has failed to comply with a regular payments condition it shall give written notice of its determination to—

(a) that parent; and

(b) all the persons with care concerned.

Section 28D Determination of applications

(1) Where an application for a variation has not failed, the Department shall, in accordance with the relevant provisions of, or made under, this Order—

(a) either agree or not agree to a variation, and make a decision under Article 13 or 14(1); or

(b) refer the application to an appeal tribunal for the tribunal to determine what variation, if any, is to be made.

(2) For the purposes of paragraph (1), an application for a variation has failed if—

(a) it has ... been withdrawn; ...

(b) the Department has rejected it on completing a preliminary consideration under Article 28B; or

(c) the Department has refused to consider it under Article 28C(5).

(2A) Paragraph (2B) applies if

(a) the application for a variation is made by the person with care, and

(b) it appears to the Department that consideration of further information or evidence may affect its decision under paragraph (1)(a) whether or not to agree to a variation.

(2B) Before making the decision under paragraph (1)(a) the Department must—

(a) consider any such information or evidence that is available to it, and

(b) where necessary, take such steps as the Department considers appropriate to obtain any such further information or evidence.

(3) In dealing with an application for a variation which has been referred to it under paragraph (1)(b), an appeal tribunal shall have the same powers, and be subject to the same duties , apart from the duty under paragraph (2B) , as would the Department if it were dealing with the application.

Section 28E Matters to be taken into account

(1) In determining whether to agree to a variation , 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 whether to agree to a variation , the Department shall take into account any representations made to it by the person with care or non-resident parent concerned.

(4) In determining whether to agree to a variation , 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 the Department agreed to a variation , 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.

Section 28F Agreement to a variation

(1) The Department may agree to a variation if—

(a) it 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 opinion of the Department that, in all the circumstances of the case, it would be just and equitable to agree to a variation.

(2) In considering whether it would be just and equitable in any case to agree to a variation, the Department—

(a) shall have regard, in particular, to the welfare of any child likely to be affected if it did agree to a variation; and

(b) shall, or as the case may be shall not, take any prescribed factors into account, or shall take them into account (or not) in prescribed circumstances.

(3) The Department shall not agree to a variation (and shall proceed to make its decision on the application for a maintenance calculation without any variation) if it is satisfied that—

(a) it has insufficient information to make a decision on the application for the maintenance calculation under Article 13, and therefore that its decision would be made under Article 14(1); or

(b) other prescribed circumstances apply.

(4) Where the Department agrees to a variation, it shall—

(a) determine the basis on which the amount of child support maintenance shall be calculated in response to the application for a maintenance calculation ... ; and

(b) make a decision under Article 13 on that basis.

(5) If the Department has made an interim maintenance decision, that decision shall be treated as having been replaced by the Department’s decision under Article 13, and except in prescribed circumstances any appeal connected with it (under Article 22) shall lapse.

(6) In determining whether or not to agree to a variation, the Department shall comply with regulations made under Part II of Schedule 4B.

Section 28G Variations: revision and supersession

(1) An application for a variation may also be made when a maintenance calculation is in force.

(2) The Department may by regulations provide for—

(a) Articles 18, 19 and 22; and

(b) Articles 28A to 28F and Schedules 4A and 4B,

to apply with prescribed modifications in relation to such applications.

(3) The Department may by regulations provide that, in prescribed cases (or except in prescribed cases), a decision under Article 19 made otherwise than pursuant to an application for a variation may be made on the basis of a variation agreed to for the purposes of an earlier decision without a new application for a variation having to be made.

Section 28H Departure directions: decisions and appeals

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Section 28I Transitional provisions

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Section 28J Voluntary Payments

(1) This Article applies where—

(a) a person has applied for a maintenance calculation under Article 7(1) ... ;

(b) the Department has neither made a decision under Article 13 or 14 on the application, nor decided not to make a maintenance calculation; and

(c) the non-resident parent makes a voluntary payment.

(2) A voluntary payment is a payment—

(a) on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the Department has agreed to give); and

(b) made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the Department has notified the non-resident parent that it has decided not to make a maintenance calculation.

(3) In such circumstances and to such extent as may be prescribed—

(a) the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;

(b) the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.

(4) A voluntary payment shall be made to the Department unless it agrees, on such conditions as it may specify, that that payment may be made to the person with care, or to or through another person.

(5) The Department may by regulations make provision as to voluntary payments, and the regulations may in particular—

(a) prescribe what payments or descriptions of payment are, or are not, to count as voluntary payments;

(b) prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.

Section 28ZA Decisions involving issues that arise on appeal in other cases

(1) This Article applies where—

(a) a decision by the Department falls to be made under Article 13, 14, 18 or 19 ... ; and

(b) an appeal is pending against a decision given in relation to a different matter by a Child Support Commissioner or a court.

(2) If the Department considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a) the Department need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b) the Department may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3) Where the Department acts in accordance with paragraph (2)(b), following the determination of the appeal it shall, if appropriate, revise its decision (under Article 18) in accordance with that determination.

(4) For the purposes of this Article, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5) In sub-paragraphs (a), (b) and (c) of paragraph (4), any reference to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for, or for leave to apply for, judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978.

Section 28ZB Appeals involving issues that arise on appeal in other cases

(1) This Article applies where—

(a) an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within Article 22(1) is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner;

(b) an appeal ( “appeal B”) is pending against a decision given in a different case by a Child Support Commissioner or a court.

(2) If the Department considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, the Department may serve notice requiring the tribunal or Child Support Commissioner—

(a) not to determine appeal A but to refer it to the Department; or

(b) to deal with the appeal in accordance with paragraph (4).

(3) Where appeal A is referred to the Department under paragraph (2)(a), following the determination of appeal B and in accordance with that determination, the Department shall if appropriate—

(a) in a case where appeal A has not been determined by the tribunal, revise (under Article 18) its decision which gave rise to that appeal; or

(b) in a case where appeal A has been determined by the tribunal, make a decision (under Article 19) superseding the tribunal's decision.

(4) Where appeal A is to be dealt with in accordance with this paragraph, the appeal tribunal or Child Support Commissioner shall either—

(a) stay appeal A until appeal B is determined; or

(b) if the tribunal or Child Support Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i) appeal B had already been determined; and

(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

In this paragraph “the appellant” means the person who appealed or, as the case may be, first appealed against the decision or the imposition of the requirement mentioned in paragraph (1)(a).

(5) Where the appeal tribunal or Child Support Commissioner acts in accordance with paragraph (4)(b), following the determination of appeal B the Department shall, if appropriate, make a decision (under Article 19) superseding the decision of the tribunal or Child Support Commissioner in accordance with that determination.

(6) For the purposes of this Article, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(7) In this Article—

(a) the reference in paragraph (1)(a) to an appeal to a Child Support Commissioner includes a reference to an application for leave to appeal to a Child Support Commissioner; and

(b) any reference in sub-paragraph (a), (b) or (c) of paragraph (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for, or for leave to apply for, judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978.

(8) Regulations may make provision supplementing that made by this Article.

Section 28ZC Restrictions on liability in certain cases of error

(1) Subject to paragraph (2), this Article applies where—

(a) the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court (“the relevant determination”) is that the adjudicating authority's decision out of which the appeal arose was erroneous in point of law; and

(b) after the date of the relevant determination a decision falls to be made by the Department in accordance with that determination (or would, apart from this Article, fall to be so made)—

(i) with respect to an application for a maintenance calculation (made after the commencement date) ...;

(ii) as to whether to revise, under Article 18, any decision (made after the commencement date) referred to in Article 18(1A) ; or

(iii) on an application under Article 19 (made after the commencement date) for any decision (made after the commencement date) referred to in Article 19(1)

(2) This Article does not apply where the decision of the Department mentioned in paragraph (1)(b)—

(a) is one which, but for Article 28ZA(2)(a), would have been made before the date of the relevant determination; or

(b) is one made in pursuance of Article 28ZB(3) or (5).

(3) In so far as the decision relates to a person's liability ... in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority's decision had been found by the Commissioner or court not to have been erroneous in point of law.

(4) Paragraph (1)(a) shall be read as including a case where—

(a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

(b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

(5) It is immaterial for the purposes of paragraph (1)—

(a) where such a decision as is mentioned in sub-paragraph (b)(i) falls to be made; or

(b) where such a decision as is mentioned in sub-paragraph (b)(ii) or (iii) falls to be made on an application under Article 18 or (as the case may be) Article 19,

whether the application was made before or after the date of the relevant determination.

(6) In this Article—

“adjudicating authority” means the Department or a child support officer or, in the case of a decision made on a referral under Article 28D(1)(b), an appeal tribunal ;

“the commencement date” means the date of the coming into operation of Article 44 of the Social Security (Northern Ireland) Order 1998;

“the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in England and Wales, the Supreme Court or the Court of Justice of the European Community.

(7) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this Article in accordance with any regulations made for that purpose.

(8) Regulations made under paragraph (7) may include provision—

(a) for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or a Child Support Commissioner; or

(b) for a determination of a lower court or a Child Support Commissioner to be treated as if it had been made on the date of a determination of a higher court.

Section 28ZD Correction of errors and setting aside of decisions

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision or record of a decision given under this Order; and

(b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative or was not received at an appropriate time by the person who gave the decision; or

(ii) a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.

(2) Nothing in paragraph (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that paragraph.

Section 29 Collection of child support maintenance

(1) The Department may (subject to Article 7(2A) and (3A) ) arrange for the collection of any child support maintenance payable in accordance with a maintenance calculation where—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an application has been made to the Department under Article 7(2) or (3A) for the Department to arrange for its collection.

(2) Where a maintenance calculation is made under this Order, payments of child support maintenance under the calculation shall be made in accordance with regulations made by the Department.

(3) The regulations may, in particular, make provision—

(a) for payments of child support maintenance to be made—

(i) to the person caring for the child or children in question;

(ii) to, or through, the Department; or

(iii) to, or through, such other person as the Department may specify;

(b) as to the method by which payments of child support maintenance are to be made;

(c) for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);

(ca) requiring payments of child support maintenance to be made—

(i) by reference to such an amount and a reference period; and

(ii) at prescribed intervals falling in a reference period;

(d) as to the method and timing of the transmission of payments which are made to or through the Department or any other person, in accordance with the regulations;

(e) empowering the Department to direct any person liable to make payments in accordance with the calculation —

(i) to make them by standing order or 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 any further authority from him;

(ii) to open an account from which payments under the calculation may be made in accordance with the method of payment which that person is obliged to adopt;

(f) providing for the making of representations with respect to matters with which the regulations are concerned.

(3A) In paragraph (3)(c) and (ca) “ a reference period ” means—

(a) a period of 52 weeks beginning with a prescribed date; or

(b) in prescribed circumstances, a prescribed period.

(4) If the regulations include provision for payment by means of deduction in accordance with an order under Article 31, they must make provision—

(a) for that method of payment not to be used in any case where there is good reason not to use it; and

(b) for the person against whom the order under Article 31 would be made to have a right of appeal to a court of summary jurisdiction against a decision that the exclusion required by sub-paragraph (a) does not apply.

(5) On an appeal under regulations made under paragraph (4)(b) the court shall not question the maintenance calculation by reference to which the order under Article 31 would be made.

(6) Regulations under paragraph (4)(b) may include—

(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b) provision with respect to the powers of a court of summary jurisdiction in relation to an appeal under the regulations.

(7) If the regulations include provision for payment by means of deduction in accordance with an order under Article 31, they may make provision

(a) prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

(b) prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.

Section 30 Collection and enforcement of other forms of maintenance

(1) Where the Department is arranging for the collection of any payments under Article 29 or paragraph (2), it may also arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable to or for the benefit of any person who falls within a prescribed category.

(2) The Department may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though the Department is not arranging for the collection of child support maintenance with respect to that child.

(3) Where—

(a) the Department is arranging, under this Order, for the collection of different payments ( “the payments”) from the same non-resident parent ;

(b) an amount is collected by the Department from the non-resident parent which is less than the total amount due in respect of the payments; and

(c) the non-resident parent has not stipulated how that amount is to be allocated by the Department as between payments,

the Department may allocate that amount as it sees fit.

(4) The Department may by regulations make provision for Articles 29 and 31 to 37 to apply, with such modifications (if any) as it considers necessary or expedient, for the purpose of enabling it to enforce any obligation to pay any amount for the collection of which it is authorised under this Article to make arrangements .

Section 31 Deduction from earnings orders

(1) This Article applies where any person ( “the liable person”) is liable to make payments of child support maintenance.

(2) The Department may make an order ( “a deduction from earnings order”) against a liable person to secure the payment of any amount due under the maintenance calculation in question.

(3) A deduction from earnings order may be made so as to secure the payment of—

(a) arrears of child support maintenance payable under the calculation ;

(b) amounts of child support maintenance which will become due under the calculation ; or

(c) both such arrears and such future amounts.

(4) A deduction from earnings order—

(a) shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and

(b) shall have effect from such date as may be specified in the order.

(5) A deduction from earnings order shall operate as an instruction to the employer to—

(a) make deductions from the liable person's earnings; and

(b) pay the amounts deducted to the Department.

(6) The Department shall serve a copy of any deduction from earnings order which it makes under this Article on—

(a) the person who appears to the Department to have the liable person in question in his employment; and

(b) the liable person.

(7) Where—

(a) a deduction from earnings order has been made; and

(b) a copy of the order has been served on the liable person's employer,

it shall be the duty of that employer to comply with the order; but he shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the date on which the copy was served on him.

(8) In this Article and in Article 32 “earnings” has such meaning as may be prescribed.

Section 32 Regulations about deduction from earnings orders

(1) The Department may by regulations make provision with respect to deduction from earnings orders.

(2) The regulations may, in particular, make provision—

(a) as to the circumstances in which one person is to be treated as employed by another;

(b) requiring any deduction from earnings under an order to be made in the prescribed manner;

(bb) for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);

(c) requiring an order to specify the amount or amounts to which the order relates and the amount or amounts which are to be deducted from the liable person's earnings in order to meet his liabilities under the maintenance calculation in question;

(d) requiring the intervals between deductions to be made under an order to be specified in the order;

(e) as to the payment of sums deducted under an order to the Department;

(f) allowing the person who deducts and pays any amount under an order to deduct from the liable person's earnings a prescribed sum towards his administrative costs;

(g) with respect to the notification to be given to the liable person of amounts deducted, and amounts paid, under the order;

(h) requiring any person on whom a copy of an order is served to notify the Department in the prescribed manner and within a prescribed period if he does not have the liable person in his employment or if the liable person ceases to be in his employment;

(i) as to the operation of an order where the liable person is in the employment of the Crown;

(j) for the variation of orders;

(k) similar to that made by Article 31(7), in relation to any variation of an order;

(l) for an order to lapse when the employer concerned ceases to have the liable person in his employment;

(m) as to the revival of an order in such circumstances as may be prescribed;

(n) allowing or requiring an order to be discharged;

(o) as to the giving of notice by the Department to the employer concerned that an order has lapsed or has ceased to have effect.

(3) The regulations may include provision that while a deduction from earnings order is in force—

(a) the liable person shall notify the Department, in the prescribed manner and within a prescribed period, of each occasion on which he leaves any employment or becomes employed, or re-employed, and shall include in such a notification a statement of his earnings and expected earnings from the employment concerned and of such other matters as may be prescribed;

(b) any person who becomes the liable person's employer and knows that the order is in force shall notify the Department, in the prescribed manner and within a prescribed period, that he is the liable person's employer, and shall include in such a notification a statement of the liable person's earnings and expected earnings from the employment concerned and of such other matters as may be prescribed.

(4) The regulations may include provision with respect to the priority as between a deduction from earnings order and—

(a) any other deduction from earnings order;

(b) any order under any other statutory provision which provides for deductions from the liable person's earnings.

(5) The regulations may include a provision that a liable person may appeal to a court of summary jurisdiction if he is aggrieved by the making of a deduction from earnings order against him, or by the terms of any such order, or there is a dispute as to whether payments constitute earnings or as to any other prescribed matter relating to the order.

(6) On an appeal under paragraph (5) the court shall not question the maintenance calculation by reference to which the deduction from earnings order was made.

(7) Regulations made by virtue of paragraph (5) may include —

(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b) provision as to the powers of a court of summary jurisdiction in relation to an appeal (which may include provision as to the quashing of a deduction from earnings order or the variation of the terms of such an order).

(8) If any person fails to comply with the requirements of a deduction from earnings order or with any regulation under this Article which is designated for the purposes of this paragraph, he shall be guilty of an offence.

(9) In paragraph (8) “designated” means designated by the regulations.

(10) It shall be a defence for a person charged with an offence under paragraph (8) to prove that he took all reasonable steps to comply with the requirements in question.

(11) Any person guilty of an offence under paragraph (8) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Section 32A Orders for regular deductions from accounts

(1) If in relation to any person it appears to the Department—

(a) that the person has failed to pay an amount of child support maintenance; and

(b) that the person holds an account with a deposit-taker;

it may make an order against that person to secure the payment of any amount due under the maintenance calculation in question by means of regular deductions from the account

(2) An order under this Article may be made so as to secure the payment of—

(a) arrears of child support maintenance payable under the calculation;

(b) amounts of child support maintenance which will become payable under the calculation; or

(c) both such arrears and such future amounts.

(3) An order under this Article may be made in respect of amounts due under a maintenance calculation which is the subject of an appeal only if it appears to the Department—

(a) that liability for the amounts would not be affected were the appeal to succeed; or

(b) where sub-paragraph (a) does not apply, that the making of an order under this Article in respect of the amounts would nonetheless be fair in all the circumstances.

(4) An order under this Article—

(a) may not be made in respect of an account of a prescribed description; and

(b) may be made in respect of a joint account which is held by the person against whom the order is made and one or more other persons, and which is not of a description prescribed under sub-paragraph (a), if (but only if) regulations made by the Department so provide.

(5) An order under this Article—

(a) shall specify the account in respect of which it is made;

(b) shall be expressed to be directed at the deposit-taker with which the account is held; and

(c) shall have effect from such date as may be specified in the order.

(6) An order under this Article shall operate as an instruction to the deposit-taker at which it is directed to—

(a) make deductions from the amount (if any) standing to the credit of the account specified in the order; and

(b) pay the amount deducted to the Department.

(7) The Department shall serve a copy of any order made under this Article on—

(a) the deposit-taker at which it is directed;

(b) the person against whom it is made; and

(c) if the order is made in respect of a joint account, the other account holders.

(8) Where—

(a) an order under this Article has been made; an

(b) a copy of the order has been served on the deposit-taker at which it is directed,

it shall be the duty of that deposit-taker to comply with the order; but the deposit-taker shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the day on which the copy was served on the deposit-taker.

(9) Where regulations have been made under Article 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this Article to have failed to pay an amount of child support maintenance unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.