Child Maintenance Act (Northern Ireland) 2008

PART 1 — ADDITIONAL FUNCTIONS OF THE DEPARTMENT

Promotion of child maintenance

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The Department must take such steps as it thinks appropriate for the purpose of raising awareness among parents of the importance of—

• (a) taking responsibility for the maintenance of their children, and

• (b) making appropriate arrangements for the maintenance of children of theirs who live apart from them.

Provision of information and guidance

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• (1) The Department must provide to parents such information and guidance as it thinks appropriate for the purpose of helping to secure the existence of effective maintenance arrangements for children who live apart from one or both of their parents.

• (2) The Department may provide information for other purposes in the course of exercising its function under subsection (1).

Fees

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• (1) The Department may by regulations make provision about the charging of fees by the Department in connection with the exercise of its functions relating to child support.

• (2) Regulations under subsection (1) may, in particular, make provision

• (a) about when a fee may be charged;

• (b) about the amount which may be charged;

• (c) for the supply of information needed for the purpose of determining the amount which may be charged;

• (d) about who is liable to pay any fee charged;

• (e) about when any fee charged is payable;

• (f) about the recovery of fees charged;

• (g) about waiver, reduction or repayment of fees.

• (3) The power conferred by subsection (1) includes power to make provision for the charging of fees which are not related to costs.

• (4) The Department may by regulations provide that the provisions of the Child Support (Northern Ireland) Order 1991 (NI 23) (in this Act referred to as “the Child Support Order”) with respect to—

• (a) the collection of child support maintenance,

• (b) the enforcement of any obligation to pay child support maintenance,

shall apply equally (with any necessary modifications) to fees payable by virtue of regulations under subsection (1).

• (5) The Department may by regulations make provision for a person affected by a decision of the Department under regulations under subsection (1) to have a right of appeal against the decision to an appeal tribunal.

• (6) Paragraphs (3) to (5), (7) and (8) of Article 22 of the Child Support Order (appeals to appeal tribunals) apply to appeals under regulations under subsection (5) as they apply to appeals under that Article.

Agency arrangements and provision of services

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• (1) Arrangements may be made between the Department and any relevant authority for—

• (a) any functions of one of them to be exercised on their behalf by, or by members of staff of, the other;

• (b) the provision of administrative, professional or technical services by one of them for the other.

• (2) The reference in subsection (1)(a) to functions does not include functions of making, confirming or approving statutory rules.

• (3) The Department may make arrangements under this section on such terms and conditions as it thinks fit.

• (4) In this section “relevant authority” means—

• (a) any Northern Ireland department;

• (b) a public body specified in regulations made by the Department for the purposes of this section.

• (5) For the purposes of this section, functions of the Department are functions relating to child support.

Contracting out

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• (1) Any function relating to child support may be exercised by, or by employees of, such person (if any) as the Department may authorise for the purpose.

• (2) An authorisation given by virtue of subsection (1) may authorise the exercise of the function concerned—

• (a) either wholly or to such extent as may be specified in the authorisation,

• (b) either generally or in such cases or areas as may be so specified, and

• (c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

• (3) An authorisation given by virtue of subsection (1)—

• (a) may specify its duration,

• (b) may be revoked at any time by the Department, and

• (c) shall not prevent the Department or any other person from exercising the function to which the authorisation relates.

• (4) Where a person is authorised to exercise any function by virtue of subsection (1), anything done or omitted to be done by or in relation to that person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Department.

• (5) Subsection (4) shall not apply—

• (a) for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or

• (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

• (6) Where—

• (a) a person is authorised to exercise any function by virtue of subsection (1), and

• (b) the authorisation is revoked at a time when a relevant contract is subsisting,

the authorised person shall be entitled to treat the relevant contract as repudiated by the Department (and not as frustrated by reason of the revocation).

• (7) In subsection (6), the reference to a relevant contract is to so much of any contract made between the authorised person and the Department as relates to the exercise of the function.

Supplementary provisions

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• (1) In this Part, “child” has the same meaning as in the Child Support Order.

• (2) The Department may by regulations make provision about when a child is, or is not, to be regarded for the purposes of this Part as living apart from a parent.

• (3) In this Part, “functions relating to child support” means functions of the Department under

• (a) this Act or under any provision made under this Act;

• (b) the Child Support Order or under any provision made under that Order;

• (c) the Child Support (Northern Ireland) Order 1995 (NI 13) or under any provision made under that Order.

PART 2 — CHILD SUPPORT ETC.

Removal of compulsion for benefit claimants

Repeal of Articles 9 and 43

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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).

Maintenance calculations

Changes to the calculation of maintenance

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Schedule 1 (which makes various changes to the provisions about the calculation of maintenance) has effect.

Power to regulate supersession

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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).

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Determination of applications for a variation

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• (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.

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• (3) In paragraph (3), after “duties” insert “ , apart from the duty under paragraph (2B) ”.

Transfer of cases to new rules

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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.

Collection and enforcement

Use of deduction from earnings orders as basic method of payment

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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.

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Deduction from earnings orders: the liable person’s earnings

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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”.

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Orders for regular deductions from accounts

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After Article 32 of the Child Support Order insert—