Social Welfare Act, 1992
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Amendment of section 316 of Principal Act. |
21.—Section 316 (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by— | |
(a) the insertion in subsection (2) after “subsection (1)” of “(subsequently referred to in this Part as the ‘liable relative’)”, | ||
(b) the substitution in subsections (2), (3) and (4) for “the person liable to contribute” of “the liable relative” in each place in which it occurs, | ||
(c) the substitution in subsection (4) for “the person so liable” of “the liable relative”, and | ||
(d) the insertion after subsection (4) of the following subsections: | ||
“(5) An order made by the District Court under subsection (4) shall, for the purposes of its variation or enforcement, be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926 , and the said section 17 shall be construed accordingly. | ||
(6) The District Court may, on the application of either the liable relative or the competent authority, vary in accordance with the provisions of section 5 of the Enforcement of Court Orders Act, 1940 , an order made by it under subsection (4) and the said section 5 shall, with any necessary modifications, be construed accordingly: | ||
Provided that any such application made by either party be notified to the other party in advance. | ||
(7) The District Court may, on application by the competent authority in whose favour an order was made under subsection (4) for an order for the arrest and imprisonment of the debtor under section 6 of the Enforcement of Court Orders Act, 1940 , proceed in accordance with the provisions of the said section 6. | ||
(8) The provisions of— | ||
(a) section 4 (1) (inserted by section 3 (3) of the Courts (No. 2) Act, 1986 ) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of instalment orders), and | ||
(b) section 5 (4) (inserted by section 3 of the Courts (No. 2) Act, 1986 ) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of variation orders), | ||
shall not apply to orders made under subsection (4) of this section.”. |