Office of Public Sector Information
7. The following provisions of the Child Support Order cease to have effect—
(a) Article 9 (under which the claim of benefit by or in respect of a parent with care, or the payment of benefit to or in respect of such a person, triggers an application by her or him for child support maintenance), and
(b) Article 43 (which enables the Department in certain circumstances to reduce the benefit of a person in relation to whom Article 9 triggers the making of an application for child support maintenance).
8. Schedule 1 (which makes various changes to the provisions about the calculation of maintenance) has effect.
9. In Article 19 of the Child Support Order (decisions superseding earlier decisions), for paragraphs (2) and (3) substitute—
“(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).”.
10.—(1) Article 28D of the Child Support Order is amended as follows.
(2) After paragraph (2) insert—
“(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 paragraph (3), after “duties” insert “, apart from the duty under paragraph (2B)”.
11. Schedule 2 (which makes provision for, and in connection with, enabling the Department to require existing cases to transfer to the new maintenance calculation rules or to leave the statutory scheme, so far as future accrual of liability is concerned) has effect.
12. In Article 29 of the Child Support Order (under which payments of child support maintenance are to be made in accordance with regulations) at the end add—
“(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.”.
13. In Article 31 of the Child Support Order (deduction from earnings orders), for paragraph (8) substitute—
“(8) In this Article and Article 32 “earnings” means (subject to such exceptions as may be prescribed) any sums payable to a person which fall within one or more of the following sub-paragraphs—
(a) sums payable by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service);
(b) periodical payments by way of pension (including an annuity payable for the purpose of providing a pension), whether or not in respect of past services;
(c) periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment;
(d) sums payable by way of statutory sick pay.
(9) For the purposes of this Article and Article 32 any person who (as a principal and not as a servant or agent) pays to the liable person any earnings is to be treated as having the liable person in his employment; and the following are to be read accordingly—
(a) in this Article and Article 32, references to the liable person’s employer; and
(b) in Article 32(3), “employment”, “employed” and “re-employed”.”.
14. After Article 32 of the Child Support Order insert—
32A.—(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.
32B.—(1) Before making an order under Article 32A in respect of a joint account the Department shall offer each of the account-holders an opportunity to make representations about—
(a) the proposal to make the order; and
(b) the amounts to be deducted under the order, if it is made.
(2) The amounts to be deducted from a joint account under such an order shall not exceed the amounts that appear to the Department to be fair in all the circumstances.
(3) In determining those amounts the Department shall have particular regard to—
(a) any representations made in accordance with paragraph (1)(b);
(b) the amount contributed to the account by each of the account-holders; and
(c) such other matters as may be prescribed.
32C.—(1) The Department may by regulations make provision with respect to orders under Article 32A.
(2) Regulations under paragraph (1) may, in particular, make provision—
(a) requiring an order to specify the amount or amounts in respect of which it is made;
(b) requiring an order to specify the amounts which are to be deducted under it in order to meet liabilities under the maintenance calculation in question;
(c) requiring an order to specify the dates on which deductions are to be made under it;
(d) for the rate of deduction under an order not to exceed such rate as may be specified in, or determined in accordance with, the regulations;
(e) as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of Article 32A
(f) as to the payment of sums deducted under an order to the Department;
(g) allowing the deposit-taker at which an order is directed to deduct from the amount standing to the credit of the account specified in the order a prescribed amount towards its administrative costs before making any deduction required by Article 32A(6)(a);
(h) with respect to notifications to be given to the person against whom an order is made (and, in the case of an order made in respect of a joint account, to the other account holders) of amounts deducted, and amounts paid, under the order;
(i) requiring the deposit-taker at which an order is directed to notify the Department in the prescribed manner and within a prescribed period—
(i) if the account specified in the order does not exist at the time at which the order is served on the deposit-taker;
(ii) of any other accounts held with the deposit-taker at that time by the person against whom the order is made;
(j) requiring the deposit-taker at which an order is directed to notify the Department in the prescribed manner and within a prescribed period if, after the time at which the order is served on the deposit-taker—
(i) the account specified in the order is closed;
(ii) a new account of any description is opened with the deposit-taker by the person against whom the order is made;
(k) as to circumstances in which the deposit-taker at which an order is directed, the person against whom the order is made and (in the case of an order made in respect of a joint account) the other account-holders may apply to the Department for it to review the order and as to such a review;
(l) for the variation of orders;
(m) similar to that made by Article 32A(8), in relation to any variation of an order;
(n) for an order to lapse in such circumstances as may be prescribed;
(o) as to the revival of an order in such circumstances as may be prescribed;
(p) allowing or requiring an order to be discharged;
(q) as to the giving of notice by the Department to the deposit-taker that an order has lapsed or ceased to have effect.
(3) The Department may by regulations make provision with respect to priority as between an order under Article 32A and—
(a) any other order under that Article;
(b) any order under any other statutory provision which provides for deductions from the same account.
(4) The Department shall by regulations make provision for any person affected to have a right to appeal to a court
(a) against the making of an order under Article 32A;
(b) against any decision made by the Department on an application under regulations made under paragraph (2)(k).
(5) On an appeal under regulations made under paragraph (4)(a), the court shall not question the maintenance calculation by reference to which the order was made.
(6) Regulations under paragraph (4) 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 the court to which the appeal under the regulations lies.
32D.—(1) A person who fails to comply with the requirements of—
(a) an order under Article 32A, or
(b) any regulation under Article 32C which is designated by the regulations for the purposes of this sub-paragraph,
commits an offence.
(2) It shall be a defence for a person charged with an offence under paragraph (1) to prove that the person took all reasonable steps to comply with the requirements in question.
(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”.
15. After Article 32D of the Child Support Order (inserted by section 14) insert—
32E.—(1) The Department may make an order under this Article if it appears to the Department that a person (referred to in this Article and Articles 32F to 32J as “the liable person”) has failed to pay an amount of child support maintenance and—
(a) an amount stands to the credit of an account held by the liable person with a deposit-taker; or
(b) an amount not within sub-paragraph (a) that is of a prescribed description is due or accruing to the liable person from another person (referred to in this Article and Articles 32F to 32J as the “third party”).
(2) An order under this Article—
(a) may not be made by virtue of paragraph (1)(a) in respect of an account of a prescribed description; an
(b) may be made by virtue of paragraph (1)(a) in respect of a joint account which is held by the liable person and one or more other persons, and which is not of a description prescribed under sub-paragraph (a) of this paragraph, if (but only if) regulations made by the Department so provide.
(3) The Department may by regulations make provision as to conditions that are to be disregarded in determining whether an amount is due or accruing to the liable person for the purposes of paragraph (1)(b).
(4) An order under this Article—
(a) shall be expressed to be directed at the deposit-taker or third party in question;
(b) if made by virtue of paragraph (1)(a), shall specify the account in respect of which it is made; and
(c) shall specify the amount of arrears of child support maintenance in respect of which the Department proposes to make an order under Article 32F.
(5) An order under this Article may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Department—
(a) that liability for the amount 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 Article 32F in respect of the amount would nonetheless be fair in all the circumstances.
(6) The Department shall serve a copy of any order made under this Article on—
(a) the deposit-taker or third party at which it is directed;
(b) the liable person; and
(c) if the order is made in respect of a joint account, the other account-holders.
(7) An order under this Article shall come into force at the time at which it is served on the deposit-taker or third party at which it is directed.
(8) An order under this Article shall cease to be in force at the earliest of the following—
(a) the time at which the prescribed period ends;
(b) the time at which the order under this Article lapses or is discharged; and
(c) the time at which an order under Article 32F made in pursuance of the proposal specified in the order under this Article is served on the deposit-taker or third party at which that order is directed.
(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 the amount unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.
32F.—(1) The Department may make an order under this Article in pursuance of a proposal specified in an order under Article 32E if—
(a) the order in which the proposal was specified (“the interim order”) is in force;
(b) the period prescribed for the making of representations to the Department in respect of the proposal specified in the interim order has expired; and
(c) the Department has considered any representations made to it during that period.
(2) An order under this Article—
(a) shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;
(b) if the interim order was made by virtue of Article 32E(1)(a), shall specify the account specified in the interim order; and
(c) shall specify the amount of arrears of child support maintenance in respect of which it is made.
(3) The amount so specified—
(a) shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this Article is made; and
(b) if the order is made in respect of a joint account, shall not exceed the amount that appears to the Department to be fair in all the circumstances.
(4) In determining the amount to be specified in an order made in respect of a joint account the Department shall have particular regard—
(a) to the amount contributed to the account by each of the account-holders; and
(b) to such other matters as may be prescribed.
(5) An order under this Article may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Department—
(a) that liability for the amount 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 amount would nonetheless be fair in all the circumstances.
(6) The Department shall serve a copy of any order made under this Article on—
(a) the deposit-taker or third party at which it is directed;
(b) the liable person; an
(c) if the order is made in respect of a joint account, the other account-holders.
32G.—(1) During the relevant period, an order under Article 32E or 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it).
(2) During the relevant period, any other order under Article 32E or 32F shall operate as an instruction to the third party at which it is directed not to do anything that would reduce the amount due to the liable person below the amount specified in the order (or, if already below that amount, that would further reduce it).
(3) Paragraphs (1) and (2) have effect subject to regulations made under Article 32I(1).
(4) In this Article “the relevant period”, in relation to an order under Article 32E, means the period during which the order is in force.
(5) In this Article and Article 32H “the relevant period”, in relation to an order under Article 32F, means the period which—
(a) begins with the service of the order on the deposit-taker or third party at which it is directed; and
(b) (subject to paragraph (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under Article 32J(5).
(6) If an appeal is brought by virtue of the regulations, the relevant period ends at the time at which—
(a) proceedings on the appeal (including any proceedings on a further appeal) have been concluded; and
(b) any period during which a further appeal may ordinarily be brought has ended.
(7) References in this Article and Articles 32H and 32J to the amount due to the liable person are to be read as references to the total of any amounts within Article 32E(1)(b) that are due or accruing to the liable person from the third party in question.
32H.—(1) Once the relevant period has ended, an order under Article 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker—
(a) if the amount standing to the credit of the account is less than the remaining amount, to pay to the Department the amount standing to the credit of the account; and
(b) otherwise, to deduct from the account and pay to the Department the remaining amount
(2) If an amount of arrears specified in the order remains unpaid after any payment required by paragraph (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker—
(a) to pay to the Department any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and
(b) not to do anything else that would reduce the amount standing to the credit of the account.
(3) Once the relevant period has ended, any other order under Article 32F shall operate as an instruction to the third party at which it is directed—
(a) if the amount due to the liable person is less than the remaining amount, to pay to the Department the amount due to the liable person; and
(b) otherwise, to deduct from the amount due to the liable person and pay to the Department the remaining amount.
(4) If an amount of arrears specified in the order remains unpaid after any payment required by paragraph (3) has been made, the order shall operate until the relevant time as an instruction to the third party—
(a) to pay to the Department any amount (not exceeding the remaining amount) due to the liable person; and
(b) not to do anything else that would reduce any amount due to the liable person.
(5) This Article has effect subject to regulations made under Articles 32I(1) and 32J(2)(c).
(6) In this Article—
“the relevant time” means the earliest of the following—
the time at which the remaining amount is paid;
the time at which the order lapses or is discharged; and
the time at which a prescribed event occurs or prescribed circumstances arise;
“the remaining amount”, in relation to any time, means the amount of arrears specified in the order under Article 32F which remains unpaid at that time.
32I.—(1) The Department may by regulations make provision as to circumstances in which things that would otherwise be in breach of Articles 32G(1) and (2) and 32H(2)(b) and (4)(b) may be done.
(2) Regulations under paragraph (1) may require the Department’s consent to be obtained in prescribed circumstances.
(3) Regulations under paragraph (1) which require the Department’s consent to be obtained may provide for an application for that consent to be made
(a) by the deposit-taker or third party at which the order under Article 32E or 32F is directed;
(b) by the liable person; and
(c) if the order is made in respect of a joint account, by any of the other account-holders.
(4) If regulations under paragraph (1) require the Department’s consent to be obtained, the Department shall by regulations provide for a person of a prescribed description to have a right of appeal to a court against the withholding of that consent.
(5) Regulations under paragraph (4) 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 the court to which the appeal under the regulations lies.
32J.—(1) The Department may by regulations make provision with respect to orders under Article 32E or 32F.
(2) The regulations may, in particular, make provision—
(a) as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of Articles 32E, 32G and 32H;
(b) as to the payment to the Department of sums deducted under an order under Article 32F;
(c) allowing a deposit-taker or third party at which an order under Article 32F is directed to deduct from the amount standing to the credit of the account specified in the order, or due to the liable person, a prescribed amount towards its administrative costs before making any payment to the Department required by Article 32H;
(d) with respect to notifications to be given to the liable person (and, in the case of an order made in respect of a joint account, to the other account-holders) as to amounts deducted, and amounts paid, under an order under Article 32F;
(e) requiring a deposit-taker or third party at which an order under Article 32E or 32F is directed to supply information of a prescribed description to the Department, or to notify the Department if a prescribed event occurs or prescribed circumstances arise;
(f) for the variation of an order under Article 32E or 32F;
(g) for an order under Article 32E or 32F to lapse in such circumstances as may be prescribed;
(h) as to the revival of an order under Article 32E or 32F in such circumstances as may be prescribed
(i) allowing or requiring an order under Article 32E or 32F to be discharged.
(3) Where regulations under paragraph (1) make provision for the variation of an order under Article 32E or 32F, the power to vary the order shall not be exercised so as to increase the amount of arrears of child support maintenance specified in the order.
(4) The Department may by regulations make provision with respect to priority as between an order under Article 32F and—
(a) any other order under that Article;
(b) any order under any other statutory provision which provides for payments to be made from amounts to which the order under Article 32F relates.
(5) The Department shall by regulations make provision for any person affected by an order under Article 32F to have a right to appeal to a court against the making of the order.
(6) On an appeal under regulations under paragraph (5), the court shall not question the maintenance calculation by reference to which the order under Article 32F was made.
(7) Regulations under 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 with respect to the powers of the court to which the appeal under the regulations lies.
32K.—(1) A person who fails to comply with the requirements of—
(a) an order under Article 32E or 32F; or
(b) any regulation under Article 32J which is designated by the regulations for the purposes of this sub-paragraph,
commits an offence.
(2) It shall be a defence for a person charged with an offence under paragraph (1) to prove that the person took all reasonable steps to comply with the requirements in question.
(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”.
16. After Article 32K of the Child Support Order (inserted by section 15) insert—
32L.—(1) The Department may apply to the court, on the grounds that a person—
(a) has failed to pay an amount of child support maintenance, and
(b) with the intention of avoiding payment of child support maintenance, is about to make a disposition or to transfer out of the jurisdiction or otherwise deal with any property,
for an order restraining the person from doing so.
(2) The Department may apply to the court, on the grounds that a person—
(a) has failed to pay an amount of child support maintenance, and
(b) with the intention of avoiding payment of child support maintenance, has at any time made a reviewable disposition,
for an order setting aside the disposition.
(3) If the court is satisfied of the grounds mentioned in paragraph (1) or (2) it may make an order under that paragraph.
(4) Where the court makes an order under paragraph (1) or (2) it may make such consequential provision by order or directions as it thinks fit for giving effect to the order (including provision requiring the making of any payments or the disposal of any property).
(5) Any disposition is a reviewable disposition for the purposes of paragraph (2), unless it was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of an intention to avoid payment of child support maintenance.
(6) Paragraph (7) applies where an application is made under this Article with respect to—
(a) a disposition or other dealing with property which is about to take place, or
(b) a disposition which took place after the making of the application on which the maintenance calculation concerned was made.
(7) If the court is satisfied—
(a) in a case falling within paragraph (1), that the disposition or other dealing would (apart from this Article) have the consequence of making ineffective a step that has been or may be taken to recover the amount outstanding, or
(b) in a case falling within paragraph (2), that the disposition has had that consequence,
it is to be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of avoiding payment of child support maintenance.
(8) In this Article “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
(9) This Article does not apply to a disposition made before the coming into operation of section 16 of the Child Maintenance Act (Northern Ireland) 2008
(10) In this Article “the court” means the High Court.”.
17. After Article 32L of the Child Support Order (inserted by section 16) insert—
32M.—(1) If it appears to the Department that a person has failed to pay an amount of child support maintenance, it may make an order against the person in respect of that amount.
(2) An order under paragraph (1) (a “liability order”) may be made in respect of an amount due under a maintenance calculation which is the subject of an appeal only if it appears to the Department—
(a) that liability for the amount would not be affected were the appeal to succeed, or
(b) where sub-paragraph (a) does not apply, that the making of a liability order in respect of the amount would nonetheless be fair in all the circumstances.
Child Maintenance Act (Northern Ireland) 2008