SCHEDULES
C26 SCHEDULE 1 Maintenance F25Calculations
Sch. 1 modified (5.4.1993) by S.I. 1992/1815, reg. 21(2)
C19C7C23C6C24C25F16PART I Calculation of weekly amount of child support maintenance
Sch. 1 Pt. I substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(3), 86(1)(a)(2), Sch. 1 (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Sch. 1 Pt. 1 applied (10.12.2012 for specified purposes) by The Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677), regs. 1, 53
Sch. 1 para. 5 (as originally enacted) amended (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 7(8); S.I. 2008/787, art. 2(1)(4)(f), Sch.
Sch. 1 para. 5 (as originally enacted) amended (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 2; S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(i)
Sch. 1 para. 6 (as originally enacted) amended (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 paras. 4, 5; S.I. 2005/3175, art. 2(1), Sch. 1
Sch. 1 para. 6 (as originally enacted) amended (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 21(2)
Sch. 1 para. 6 (as originally enacted) amended (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 8(2)
General rule
1
1
F66Subject to paragraph 5A, the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.
2
Unless the nil rate applies, the amount payable weekly to a person with care is—
a
the applicable rate, if paragraph 6 does not apply; or
b
if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,
as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.
Basic rate
F652
1
Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income—
12% where the non-resident parent has one qualifying child;
16% where the non-resident parent has two qualifying children;
19% where the non-resident parent has three or more qualifying children.
2
If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder—
9% where the non-resident parent has one qualifying child;
12% where the non-resident parent has two qualifying children;
15% where the non-resident parent has three or more qualifying children.
3
If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage—
Reduced rate
3
1
A reduced rate is payable if—
a
neither a flat rate nor the nil rate applies; and
b
the non-resident parent’s F64gross weekly income is less than £200 but more than £100.
2
The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.
3
The regulations may not prescribe, or result in, a rate of less than F79£7.
Flat rate
4
1
Except in a case falling within sub-paragraph (2), a flat rate of F80£7 is payable if the nil rate does not apply and—
a
the non-resident parent’s F64gross weekly income is £100 or less; or
b
he receives any benefit, pension or allowance prescribed for the purposes of this paragraph of this sub-paragraph; or
c
he or his partner (if any) receives any benefit prescribed for the purposes of this paragraph of this sub-paragraph.
2
A flat rate of a prescribed amount is payable if the nil rate does not apply and—
a
the non-resident parent has a partner who is also a non-resident parent;
b
the partner is a person with respect to whom a maintenance calculation is in force; and
c
the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).
3
The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include ones paid to the non-resident parent under the law of a place outside the United Kingdom.
Nil rate
5
The rate payable is nil if the non-resident parent—
a
is of a prescribed description; or
F67Non-resident parent party to other maintenance arrangement
Sch. 1 para. 5A and cross-heading inserted (8.10.2012 for specified purposes, 10.12.2012 for specified purposes, 29.7.2013 for specified purposes, 25.11.2013 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 4 para. 5(2); S.I. 2012/2523, art. 2(2)(b); S.I. 2012/3042, arts. 2(b), 3 (with arts. 5, 6) (as amended (29.7.2013) by S.I. 2013/1860, art. 6 and (24.6.2014) by S.I. 2014/1635, art. 6); S.I. 2013/1860, arts. 2(b), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7); S.I. 2013/2947, art. 2(a) (with arts. 3-5)
C185A
1
This paragraph applies where—
a
the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and
b
the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.
2
The weekly rate of child support maintenance is the greater of F78£7 and the amount found as follows.
3
First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.
4
Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.
5
Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.
6
For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—
a
liable to pay maintenance or aliment for the child under a maintenance order, or
b
a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,
and the child is habitually resident in the United Kingdom.
Apportionment
C206
1
If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.
2
The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.
F64Gross weekly income
10
1
For the purposes of this Schedule, F64gross weekly income is to be determined in such manner as is provided for in regulations.
F742
The regulations may, in particular—
a
provide for determination in prescribed circumstances by reference to income of a prescribed description in a prescribed past period;
3
Regulations about rates, figures, etc.
10A
1
The Secretary of State may by regulations provide that—
a
paragraph 2 is to have effect as if different percentages were substituted for those set out there;
2
The Secretary of State may by regulations provide that—
a
the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;
b
paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.
Regulations about income
10B
The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—
a
where the F52Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his F64gross weekly income, his F64gross weekly income shall be taken to include income from that source of an amount estimated by the F52Secretary of State;
b
a person is to be treated as possessing income which he does not possess;
c
income which a person does possess is to be disregarded.
References to various terms
10C
1
References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made F62or with respect to whom a maintenance calculation in respect of the non-resident parent has effect.
2
References in this Part of this Schedule to “relevant other children” are to—
a
children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits Act 1992; and
b
such other description of children as may be prescribed.
3
In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.
4
In this Part of this Schedule, a person’s “partner” is—
a
if they are a couple, the other member of that couple;
b
if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.
F835
In sub-paragraph (4)(a), “couple” means—
a
two people who are married to, or civil partners of, each other and are members of the same household, or
b
two people who are not married to, or civil partners of, each other but are living together as a married couple F86or civil partners.
F846
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Part II General Provisions About Maintenance F25Calculations
Effective date of F25calculation
11
1
A F24maintenance calculation shall take effect on such date as may be determined in accordance with regulations made by the Secretary of State.
2
That date may be earlier than the date on which the F25calculation is made.
Form of F25calculation
12
Assessments where amount of child support is nil
F19C8C2213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consolidated applications and F25calculations
F4514
The Secretary of State may by regulations provide—
a
for two or more applications for maintenance calculations to be treated, in prescribed circumstances, as a single application; and
b
for the replacement, in prescribed circumstances, of a maintenance calculation made on the application of one person by a later maintenance calculation made on the application of that or any other person.
Separate F25calculations for different periods
15
Where F11the F54Secretary of State is satisfied that the circumstances of a case require different amounts of child support maintenance to be assessed in respect of different periods, F55the Secretary of State may make separate maintenance F25calculations each expressed to have effect in relation to a different specified period.
Termination of F25calculations
I116
1
A F24maintenance calculation shall cease to have effect—
a
on the death of the F15non-resident parent, or of the person with care, with respect to whom it was made;
b
on there no longer being any qualifying child with respect to whom it would have effect;
c
on the F15non-resident parent with respect to whom it was made ceasing to be a parent of—
i
the qualifying child with respect to whom it was made; or
ii
where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;
F20d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20e
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F212
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F21C113
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F214
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F21C124A
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F215
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F216
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F217
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F218
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F219
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10
A person with care with respect to whom a F24maintenance calculation is in force shall provide the F56Secretary of State with such information, in such circumstances, as may be prescribed, with a view to assisting the F56Secretary of StateF12... in determining whether the F25calculation has ceased to have effect F22...
11
The Secretary of State may by regulations make such supplemental, incidental or transitional provision as he thinks necessary or expedient in consequence of the provisions of this paragraph.
F31SCHEDULE 2 Provision of Information to Secretary of State
Sch. 2 repealed (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(33), Sch. 8; S.I. 2008/2675, art. 3(f)(g)(i)
F31 Inland Revenue records
F311
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F311A
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F31 Local authority records
F312
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F313
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F10SCHEDULE 3 Child Support Appeal Tribunals
Sch. 3 repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 50, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(v)
F10 The President
F101
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F10 Membership of child support appeal tribunals
F102
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F10 The chairmen
F103
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F104
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F10 Other members of child support appeal tribunals
F105
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F10 Clerks of tribunals
F106
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F10 Expenses of tribunal members and others
F107
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F10 Consultation with Lord Advocate
F108
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SCHEDULE 4 Child Support Commissioners F32for Northern Ireland
Words in Sch. 4 heading inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 97(2)
Tenure of office
1
1
F32
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F343
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F343A
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F343B
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Commissioners’ remuneration and their pensions
2
1
The F46Department of Justice shall pay, or make such payments towards the provision of such remuneration, F35... allowances or gratuities to or in respect of persons appointed as Child Support Commissioners F36for Northern Ireland as, with the consent of the Treasury, F47the Lord Chancellor may determine.
2
F43
Sub-paragraph (1), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
F9Expenses of other persons
Sch. 4 para. 2A and cross-heading inserted (18.12.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 18(1); S.I. 1995/3262, art. 2, Sch. Pt. 1
F382A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissioners barred from legal practice
F393
A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.
Deputy Child Support Commissioners
4
F491
The Northern Ireland Judicial Appointments Commission may appoint persons to act as Child Support Commissioners for Northern Ireland (but to be known as deputy Child Support Commissioners for Northern Ireland) in order to facilitate the disposal of the business of Child Support Commissioners for Northern Ireland.
F492
A deputy Child Support Commissioner for Northern Ireland shall be appointed—
a
from among persons who are barristers or solicitors of not less than the number of years' standing specified in section 23(2), and
b
subject to sub-paragraph (2A), for such period or on such occasions as the Commission determines with the agreement of the F50Department of Justice.
F52A
F413
Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.
F8Determination of questions by other officers
Sch. 4 para. 4A and cross-heading inserted (18.12.1995) by Child Support Act 1995 (c. 34), ss. 17(1), 30(4); S.I. 1995/3262, art. 2, Sch. Pt. 1
F424A
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Tribunals of Commissioners
F425
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Finality of decisions
F426
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Consultation with Lord Advocate
F427
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Northern Ireland
F428
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C9C1F17SCHEDULE 4AApplications for a variation
Sch. 4A substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 6(1), 86(1)(a)(2), Sch. 2 Pt. I (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Sch. 4A (as originally enacted) amended (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 98
Sch. 4A modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 8(1)
Interpretation
1
In this Schedule, “regulations” means regulations made by the Secretary of State.
Applications for a variation
2
Regulations may make provision—
a
as to the procedure to be followed in considering an application for a variation;
F43b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Completion of preliminary consideration
3
Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.
Information
4
If any information which is required (by regulations under this Act) to be furnished to the F57Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the F57Secretary of State may nevertheless proceed to consider the application.
Joint consideration of applications for a variation and appeals
5
1
Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.
F262
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F443
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C2F18SCHEDULE 4BApplications for a variation: The Cases and Controls
Sch. 4B substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 6(2), 86(1)(a)(2), Sch. 2 Pt. II (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Sch. 4B modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 8(2)-(5)
Part IThe Cases
General
1
1
The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part.
2
In this Schedule “applicant” means the person whose application for a variation is being considered.
Special expenses
2
1
A variation applied for by a non-resident parent may be agreed with respect to his special expenses.
2
In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.
3
In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to—
a
costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made F27... ;
b
costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);
c
debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for F30... —
i
for the joint benefit of both parents;
ii
for the benefit of any such child; or
iii
for the benefit of any other child falling within a prescribed category;
d
boarding school fees for a child in relation to whom the application for a maintenance calculation has been made F28... ;
e
the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and she and a child in relation to whom the application for a maintenance calculation has been made F29... still live there.
4
For the purposes of sub-paragraph (3)(b)—
a
“disability” and “illness” have such meaning as may be prescribed; and
b
the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.
5
For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe—
a
the meaning of “boarding school fees”; and
b
components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,
and may provide for estimating any such component.
Property or capital transfers
3
1
A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—
a
a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or
b
an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.
2
The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—
a
the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or
b
no amount was payable by the non-resident parent by way of maintenance.
3
For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.
Additional cases
4
1
The Secretary of State may by regulations prescribe other cases in which a variation may be agreed.
2
Regulations under this paragraph may, for example, make provision with respect to cases where—
a
the non-resident parent has assets which exceed a prescribed value;
b
a person’s lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;
c
a person has income which is not taken into account in such a calculation;
d
a person has unreasonably reduced the income which is taken into account in such a calculation.
Part IIRegulatory Controls
5
1
The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.
2
No variations may be made other than those which are permitted by the regulations.
3
Regulations under this paragraph may, in particular, make provision for a variation to result in—
a
a person’s being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;
b
a person’s being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.
4
Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.
5
Any regulations under this paragraph may in particular make different provision with respect to different levels of income.
6
The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).
F23C10C13C14SCHEDULE 4CDecisions and Appeals: Departure Directions and Reduced Benefit Directions etc.
Sch. 4C repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Sch. 4C (as originally enacted) amended (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 100
Sch. 4C (as originally enacted) amended (14.7.2008 for specified purposes, 1.6.2009 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(34)(c); S.I. 2008/1476, art. 2(3)(b)(4)(5); S.I. 2009/1314, art. 2(2)(b)(i)
Sch. 4C (as originally enacted) amended (with retrospective effect to 3.11.2008 effect in accordance with s. 103(2) of the amending Act) by Welfare Reform Act 2012 (c. 5), s. 150(1)(b), Sch. 12 para. 3
F23Revision of decisions
F231
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F23Decisions superseding earlier decisions
F232
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F23Appeals to appeal tribunals
F233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23Decisions and appeals dependent on other cases
F234
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23Cases of error
F236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5 Consequential Amendments
The Tribunals and Inquiries Act 1971 (c.62)
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Constitution Act 1973 (c. 36)
F142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975 (c.24)
3
1
The House of Commons Disqualification Act 1975 shall be amended as follows.
2
In Part I F6of Schedule 1 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “
Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991).
”
“
Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991).
”
F133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Assembly Disqualification Act 1975 (c.25)
4
1
In Part I of F7Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “
Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991).
”
“
Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991).
”
The Family Law (Scotland) Act 1985 (c.37)
5
In section 4 (amount of aliment) of the Family Law (Scotland) Act 1985, at the end there shall be added—
4
Where a court makes an award of aliment in an action brought by or on behalf of a child under the age of 16 years, it may include in that award such provision as it considers to be in all the circumstances reasonable in respect of the expenses incurred wholly or partly by the person having care of the child for the purpose of caring for the child.
Bankruptcy (Scotland) Act 1985 (c.66)
F856
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Insolvency Act 1986 (c.45)
7
In section 281(5)(b) of the Insolvency Act 1986 (effect of discharge of bankrupt), after “family proceedings” there shall be inserted “
or under a F24maintenance calculation made under the Child Support Act 1991
”
.
The Debtors (Scotland) Act 1987 (c.18)
8
1
The Debtors (Scotland) Act 1987 shall be amended as follows.
2
In section 1(5) (time to pay directions not competent in certain cases) after paragraph (c) there shall be inserted—
cc
in connection with a liability order within the meaning of the Child Support Act 1991;
3
In section 15(3) (interpretation of Part I), in the definition of “decree or other document”, after “maintenance order” there shall be inserted “
, a liability order within the meaning of the Child Support Act 1991
”
.
4
In section 54(1) (maintenance arrestment to be preceded by default) in paragraph (c) for “the aggregate of 3 instalments” there shall be substituted “
one instalment
”
.
5
In section 72 (effect of sequestration on diligence against earnings)—
a
in subsection (2) after “order” there shall be inserted “
or deduction from earnings order under the Child Support Act 1991
”
;
b
after subsection (3) there shall be inserted—
3A
Any sum deducted by the employer under such a deduction from earnings order made before the date of sequestration shall be paid to the Secretary of State, notwithstanding that the date of payment will be after the date of sequestration.
c
after subsection (4) there shall be inserted—
4A
A deduction from earnings order under the said Act shall not be competent after the date of sequestration to secure the payment of any amount due by the debtor under a F24maintenance calculation within the meaning of that Act in respect of which a claim could be made in the sequestration.
6
In section 73(1) (interpretation of Part III), in the definition of “net earnings”,
a
in paragraph (c) for “within the meaning of the Wages Councils Act 1979” there shall be substituted
, namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—
i
to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or
ii
to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,
whether with or without any further or other benefit;
b
at the end there shall be added—
d
any amount deductible by virtue of a deduction from earnings order which, in terms of regulations made under section 32(4)(c) of the Child Support Act 1991, is to have priority over diligences against earnings.
7
In section 106 (interpretation) in the definition of “maintenance order”—
a
the word “or” where it appears after paragraph (g), shall be omitted; and
b
at the end there shall be inserted
or
j
a F24maintenance calculation within the meaning of the Child Support Act 1991.
Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.