Court Rules

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No98-S.I. No. 17 Of 2016: District Court (Children And Family Relationships Act 2015) Rules 2016
 

Proceedings for — contribution towards benefit or allowance

 

Definitions

1. In this Order—

"the Act" means the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);

"allowance" means

—deserted wife's allowance under section 152 of the Act,

—lone parent's allowance under section 158 of the Act, or

—supplementary welfare allowance under section 171 of the Act;

"attachment of earnings order" means an order under section 287 of the Act;

"benefit" means deserted wife's benefit under section 110 of the Act;

"competent authority"

— in relation to deserted wife's benefit, deserted wife's allowance and lone parent's allowance, means the Minister for Social Welfare and,

— in relation to supplementary welfare allowance, means the health board which granted that allowance to a recipient.

Application for order for contribution

2. (1) An application to the Court by a competent authority pursuant to subsection (2) of section 286 of the Act for an order directing the person who is liable to contribute under subsection (1) of that section (hereinafter referred to as the liable relative) to make a contribution towards a benefit or allowance being paid by that authority to a recipient may be brought, heard or determined at any sitting of the Court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation.
 

 — form and service of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 98,1, Schedule C (or such modification thereof as may be appropriate) upon the respondent, that is to say, the liable relative, by registered prepaid post at least twenty-one days prior to the date fixed for the hearing of the application.
 

 — lodgment of notice, etc.

(3) When service has been effected the original notice, together with a statutory declaration as to service thereof and the certificate of posting, shall be lodged with the Clerk at least four days prior to the date of hearing.
 

Court order — form and service of

3. (1) Where, upon hearing such application, the Court makes an order under section 286 (4) of the Act the order shall be in the Form 98.2, Schedule C (or such modification thereof as may be appropriate). The applicant shall cause the said order to be served upon the respondent by registered prepaid post.
 

 — variation or enforcement of

(2) For the purposes of varying or enforcing an order made under subsection (4) of section 286 of the Act the order shall, as provided in subsection (5) of that section be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926. The relevant provisions of Order 53 (Enforcement of Judgments) of these Rules and the forms therein prescribed, with any necessary adaptation, shall for such purposes apply in relation to every such order made under the said section 286 (4).
 

— rr 6 (2), 7 (4) of 0.53 not to apply to

(3) The provisions of rules 6 (2) and 7 (4) of the said Order 53, which relate respectively to the duration of instalment orders and variation orders, shall not apply to orders made under the said section 286 (4).
 

— attachment of earnings

(4) Where, in order to secure payments under an order made pursuant to the said section 286 (4), application is made by a competent authority under section 287 of the Act for an attachment of earnings order such application, if not made at the time of the hearing of the application under section 286 (2), may be made at any sitting of the Court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation. The relevant provisions of Part IX of the Act shall apply in every such case.

The procedures to be followed and the forms to be used in relation to such applications are those provided in Order 56 (other than rule 2) of these Rules which are relevant, and that Order and those forms, with any necessary modifications, shall apply in every such case.
 

Construction of references

4. References in Orders 53 and 56 of these Rules and the forms therein prescribed to "creditor" and "maintenance creditor" or to "debtor" and "maintenance debtor" shall, in so far as they apply to applications or orders to which rule 3 of this Order relates, be construed as references to "competent authority" and "liable relative", respectively.