The Child Support (Northern Ireland) Order 1995
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The Child Support (Northern Ireland) Order 1995
Statutory Instruments
NORTHERN IRELANDMade18 th October 1995Laid before Parliament15 th November 1995Coming into operation in accordance with Article 1(3) and (4)At the Court at Buckingham Palace, the 18 th Day of October 1995Present,The Queen’s Most Excellent Majesty in CouncilWhereas this Order is made only for purposes corresponding to those of the Child Support Act 1995(1):Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974(2) (as modified by section 29 (1) of the said Act of 1995) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—IntroductoryTitle and commencement1.—(1) This Order may be cited as the Child Support (Northern Ireland) Order 1995.(2) This Order and the Order of 1991 may be cited together as the Child Support (Northern Ireland) Orders 1991 and 1995.(3) This Order, except paragraph 17 of Schedule 3 , shall come into operation on such day or days as the Head of the Department may by order appoint.(4) Paragraph 17 of Schedule 3 shall come into operation on the day appointed under Article 1(2) of the Children (Northern Ireland) Order 1995(3) for the coming into operation of paragraph 182 of Schedule 9 to that Order.Interpretation2.—(1) The Interpretation Act (Northern Ireland) 1954(4) 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 “the Order of 1991” means the Child Support (Northern Ireland) Order 1991(5).(3) Expressions in this Order which are used in the Order of 1991 have the same meaning in this Order as they have in that Order.Departure directions, etc.Departure from usual rules for determining maintenance assessments3.—(1) In the Order of 1991 , after Article 28 there shall be inserted the following Articles—“Departure from usual rules for determining maintenance assessmentsApplication for a departure direction28 A.—(1) Where a maintenance assessment (“the current assessment”) is in force, the person with care, or absent parent, with respect to whom it was made may apply to the Department for a direction under Article 28 F (a “departure direction”).(2) An application for a departure direction shall state in writing the grounds on which it is made and shall, in particular, state whether it is based on—(a) the effect of the current assessment; or(b) a material change in the circumstances of the case since the current assessment was made.(3) In other respects, an application for a departure direction shall be made in such manner as may be prescribed.(4) An application may be made under this Article even though—(a) an application for a review has been made under Article 19 or 20 with respect to the current assessment; or(b) a child support officer is conducting a review of the current assessment under Article 18 or 21.(5) If the Department considers it appropriate to do so, the Department may by regulations provide for the question whether a change of circumstances is material to be determined in accordance with the regulations.(6) Schedule 4 A shall have effect in relation to departure directions.Preliminary consideration of applications28 B.—(1) Where an ap...See the full content of this document
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