Child Support Act 1991

Special cases E+W+S

42 Special cases. E+W+S

(1) The Secretary of State may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Act.

(2) Those regulations may, for example, provide for the following to be special cases—

(a) each parent of a child is [F1 a non-resident parent] in relation to the child;

(b) there is more than one person who is a person with care in relation to the same child;

(c) there is more than one qualifying child in relation to the same [F1 non-resident parent] but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;

(d) a person is [F1 a non-resident parent] in relation to more than one child and the other parent of each of those children is not the same person;

(e) the person with care has care of more than one qualifying child and there is more than one [F1 non-resident parent] in relation to those children;

(f) a qualifying child has his home in two or more separate households;

[F2 (g) the same persons are the parents of two or more children and each parent is—

(i) a non-resident parent in relation to one or more of the children, and

(ii) a person with care in relation to one or more of the children.]

(3) The Secretary of State may by regulations make provision with respect to special cases.

(4) Regulations made under subsection (3) may, in particular—

(a) modify any provision made by or under this Act, in its application to any special case or any special case falling within a prescribed category;

(b) make new provision for any such case; or

(c) provide for any prescribed provision made by or under this Act not to apply to any such case.

Textual Amendments

F1 Words in Act substituted (31.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(2) (with s. 83(6)); S.I. 2000/3354, art. 2(1)(b); S.I. 2003/192, art. 3, Sch.

F2 S. 42(2)(g) inserted (8.10.2012) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 37, 62(3); S.I. 2012/2523, art. 2(1)(a)

[F3 43 Recovery of child support maintenance by deduction from benefit. E+W+S

(1) This section applies where—

(a) a non-resident parent is liable to pay a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and

(b) such conditions as may be prescribed for the purposes of this section are satisfied.

(2) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that payments in respect of child support maintenance are made or that arrears of child support maintenance are recovered.

(3) For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows’ pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation)).]

Textual Amendments

F3 S. 43 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. 21, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

[F4 43A Recovery of arrears from deceased's estate E+W+S

(1) The Secretary of State may by regulations make provision for the recovery from the estate of a deceased person of arrears of child support maintenance for which the deceased person was liable immediately before death.

(2) Regulations under subsection (1) may, in particular—

(a) make provision for arrears of child support maintenance for which a deceased person was so liable to be a debt payable by the deceased's executor or administrator out of the deceased's estate to the [F5 Secretary of State];

(b) make provision for establishing the amount of any such arrears;

(c) make provision about procedure in relation to claims under the regulations.

(3) Regulations under subsection (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.]

Textual Amendments

F4 S. 43A inserted (26.11.2009) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 38, 62(3); S.I. 2009/3072, art. 2(2)

F5 Words in s. 43A(2)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 54

Modifications etc. (not altering text)

C1 S. 43A modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 59(4); S.I. 2008/1476, art. 2(6)