Child Support Act 1991

The basic principles E+W+S

1 The duty to maintain. E+W+S

(1) For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him.

(2) For the purposes of this Act, [F1 a non-resident parent] shall be taken to have met his responsibility to maintain any qualifying child of his by making periodical payments of maintenance with respect to the child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Act.

(3) Where a [F2 maintenance calculation] made under this Act requires the making of periodical payments, it shall be the duty of the [F1 non-resident parent] with respect to whom the [F3 calculation] was made to make those payments.

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 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3 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.

Modifications etc. (not altering text)

C1 S. 1 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2

2 Welfare of children: the general principle. E+W+S

Where, in any case which falls to be dealt with under this Act, the [F4 Commission] F5 ... is considering the exercise of any discretionary power conferred by this Act, [F6 it] shall have regard to the welfare of any child likely to be affected by [F7 its] decision.

Textual Amendments

F4 Word in s. 2 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 2(a); S.I. 2008/2675, art. 3(b)

F5 Words in s. 2 repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 18, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)

F6 Word in s. 2 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 2(b); S.I. 2008/2675, art. 3(b)

F7 Word in s. 2 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 2(c); S.I. 2008/2675, art. 3(b)

Modifications etc. (not altering text)

C2 S. 2 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2

3 Meaning of certain terms used in this Act. E+W+S

(1) A child is a “qualifying child” if—

(a) one of his parents is, in relation to him, [F1 a non-resident parent]; or

(b) both of his parents are, in relation to him, [F1 non-resident parents].

(2) The parent of any child is [F1 a “non-resident parent”], in relation to him, if—

(a) that parent is not living in the same household with the child; and

(b) the child has his home with a person who is, in relation to him, a person with care.

(3) A person is a “person with care”, in relation to any child, if he is a person—

(a) with whom the child has his home;

(b) who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

(c) who does not fall within a prescribed category of person.

(4) The Secretary of State shall not, under subsection (3)(c), prescribe as a category—

(a) parents;

(b) guardians;

(c) persons in whose favour residence orders under section 8 of the M1 Children Act 1989 are in force;

(d) in Scotland, persons [F8 with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.]

(5) For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.

(6) Periodical payments which are required to be paid in accordance with a [F2 maintenance calculation] are referred to in this Act as “child support maintenance”.

(7) Expressions are defined in this section only for the purposes of this Act.

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 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F8 Words in s. 3(4)(d) substituted (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(2); S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)

Modifications etc. (not altering text)

C3 S. 3(3)(b) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 2001 (S.I. 2001/155), regs. 1(4), 12(2); S.I. 2003/192, art. 3(1), Sch.

C4 S. 3(3)(b) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 2001 (S.I. 2001/155), regs. 1(4), 13(2); S.I. 2003/192, art. 3(1), Sch.

Commencement Information

I1 S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 58(2); s. 3(3)(c) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 3 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

Marginal Citations

M1 1989 c. 41.

4 Child support maintenance. E+W+S

(1) A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the [F1 non-resident parent] may apply to the [F9 Commission] for a [F2 maintenance calculation] to be made under this Act with respect to that child, or any of those children.

(2) Where a [F2 maintenance calculation] has been made in response to an application under this section the [F10 Commission] may, if the person with care or [F1 non-resident parent] with respect to whom the [F3 calculation] was made applies to [F11 it] under this subsection, arrange for—

(a) the collection of the child support maintenance payable in accordance with the [F3 calculation];

(b) the enforcement of the obligation to pay child support maintenance in accordance with the [F3 calculation].

(3) Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the [F12 Commission] to take steps to enforce that obligation whenever [F13 it] considers it necessary to do so, the [F12 Commission] may act accordingly.

(4) A person who applies to the [F14 Commission] under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the [F14 Commission] F15 ... being provided with the information which is required to enable—

(a) the [F1 non-resident parent] to be [F16 identified or] traced (where that is necessary);

(b) the amount of child support maintenance payable by the [F1 non-resident parent] to be assessed; and

(c) that amount to be recovered from the [F1 non-resident parent].

(5) Any person who has applied to the [F17 Commission] under this section may at any time request [F18 it] to cease acting under this section.

(6) It shall be the duty of the [F19 Commission] to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).

(7) The obligation to provide information which is imposed by subsection (4)—

(a) shall not apply in such circumstances as may be prescribed; and

(b) may, in such circumstances as may be prescribed, be waived by the [F20 Commission].

(8) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

F21 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (10) No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—

(a) there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F23 made before a prescribed date], in respect of that child or those children and the person who is, at that time, the [F1 non-resident parent]; or

[F24 (aa) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or]

[F25 (ab) a maintenance agreement—

(i) made on or after the date prescribed for the purposes of paragraph (a); and

(ii) registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made;] F26 ...

F26 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

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 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3 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.

F9 Word in s. 4(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(2); S.I. 2008/2675, art. 3(b) (with art. 4)

F10 Word in s. 4(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(3)(a); S.I. 2008/2675, art. 3(b) (with art. 4)

F11 Word in s. 4(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(3)(b); S.I. 2008/2675, art. 3(b) (with art. 4)

F12 Word in s. 4(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(4)(a); S.I. 2008/2675, art. 3(b) (with art. 4)

F13 Word in s. 4(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(4)(b); S.I. 2008/2675, art. 3(b) (with art. 4)

F14 Word in s. 4(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(5); S.I. 2008/2675, art. 3(b) (with art. 4)

F15 Words in s. 4(4) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 19, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)

F16 Words in s. 4(4)(a) inserted (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(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F17 Word in s. 4(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(6)(a); S.I. 2008/2675, art. 3(b) (with art. 4)

F18 Word in s. 4(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(6)(b); S.I. 2008/2675, art. 3(b) (with art. 4)

F19 Word in s. 4(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(7); S.I. 2008/2675, art. 3(b) (with art. 4)

F20 Word in s. 4(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(7); S.I. 2008/2675, art. 3(b) (with art. 4)

F21 S. 4(9) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

F22 S. 4(10)(11) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(1), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

F23 Words in s. 4(10)(a) inserted (4.2.2003 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 2(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, arts. 2(a), 3, Sch.

F24 S. 4(10)(aa) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 2(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F25 S. 4(10)(ab) inserted (6.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 35(1), 62(2)

F26 S. 4(10)(b) and preceding word repealed (14.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(3)(c)(4)(5); S.I. 2008/2548, art. 3(d)(i)

F27 S. 4(11) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

Modifications etc. (not altering text)

C5 S. 4(6) modified (5.4.1993) by The Child Support (Maintenance Assessment Procedure) Regulations 1992 (S.I. 1992/1813), reg. 52(8)

C6 S. 4(10): power to exclude conferred (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

Commencement Information

I2 S. 4 wholly in force; s. 4 not in force at Royal Assent see s. 58(2); s. 4(4)(7)(8) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 4 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

5 Child support maintenance: supplemental provisions. E+W+S

(1) Where—

(a) there is more than one person with care of a qualifying child; and

(b) one or more, but not all, of them have parental responsibility for F28 ... the child;

no application may be made for a [F2 maintenance calculation] with respect to the child by any of those persons who do not have parental responsibility for F28 ... the child.

(2) Where more than one application for a [F2 maintenance calculation] is made with respect to the child concerned, only one of them may be proceeded with.

(3) The Secretary of State may by regulations make provision as to which of two or more applications for a [F2 maintenance calculation] with respect to the same child is to be proceeded with.

Textual Amendments

F2 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F28 Words in s. 5(1) repealed (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(3), Sch. 5; S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)

Commencement Information

I3 S. 5 wholly in force; s. 5 not in force at Royal Assent see s. 58(2); S. 5(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 5 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

F29 6 Applications by those claiming or receiving benefit. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 S. 6 repealed (14.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 15(a), 62(3), Sch. 8; S.I. 2008/1476, art. 2(3)(a)(c)(4)(5); S.I. 2008/2548, art. 3(a) (with art. 4)

7 Right of child in Scotland to apply for [F3 calculation]. S

(1) A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the [F30 Commission] for a [F2 maintenance calculation] to be made with respect to him if—

(a) no such application has been made by a person who is, with respect to that child, a person with care or [F1 a non-resident parent]; F31 ...

F31 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application made under subsection (1) shall authorise the [F32 Commission] to make a [F2 maintenance calculation] with respect to any other children of the [F1 non-resident parent] who are qualifying children in the care of the same person as the child making the application.

(3) Where a [F2 maintenance calculation] has been made in response to an application under this section the [F33 Commission] may, if the person with care, the [F1 non-resident parent] with respect to whom the [F3 calculation] was made or the child concerned applies to [F34 it] under this subsection, arrange for—

(a) the collection of the child support maintenance payable in accordance with the [F3 calculation];

(b) the enforcement of the obligation to pay child support maintenance in accordance with the [F3 calculation].

(4) Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the [F35 Commission] to take steps to enforce that obligation whenever [F36 it] considers it necessary to do so, the [F35 Commission] may act accordingly.

(5) Where a child has asked the [F37 Commission] to proceed under this section, the person with care of the child, the [F1 non-resident parent] and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the [F37 Commission] F38 ... being provided with the information which is required to enable—

(a) the [F1 non-resident parent] to be traced (where that is necessary);

(b) the amount of child support maintenance payable by the [F1 non-resident parent] to be assessed; and

(c) that amount to be recovered from the [F1 non-resident parent].

(6) The child who has made the application (but not the person having care of him) may at any time request the [F39 Commission] to cease acting under this section.

(7) It shall be the duty of the [F40 Commission] to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).

(8) The obligation to provide information which is imposed by subsection (5)—

(a) shall not apply in such circumstances as may be prescribed by the Secretary of State; and

(b) may, in such circumstances as may be so prescribed, be waived by the [F41 Commission].

(9) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

[F42 (10) No application may be made at any time under this section by a qualifying child if

[F43 (a)] there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F44 made before a prescribed date], in respect of that child and the person who is, at that time, the [F1 non-resident parent] [F45 or

(b) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made][F46 ; or

(c) a maintenance agreement—

(i) made on or after the date prescribed for the purposes of paragraph (a); and

(ii) registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.]]

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 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3 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.

F30 Word in s. 7(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(2); S.I. 2008/2675, art. 3(b)

F31 S. 7(1)(b) and preceding word repealed (14.7.2008 for specified purposes) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(3)(c)(4)(5)

F32 Word in s. 7(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(2); S.I. 2008/2675, art. 3(b)

F33 Word in s. 7(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(3)(a); S.I. 2008/2675, art. 3(b)

F34 Word in s. 7(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(3)(b); S.I. 2008/2675, art. 3(b)

F35 Word in s. 7(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(4)(a); S.I. 2008/2675, art. 3(b)

F36 Word in s. 7(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(4)(b); S.I. 2008/2675, art. 3(b)

F37 Word in s. 7(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(5); S.I. 2008/2675, art. 3(b)

F38 Words in s. 7(5) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 21, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)

F39 Word in s. 7(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(6); S.I. 2008/2675, art. 3(b)

F40 Word in s. 7(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(6); S.I. 2008/2675, art. 3(b)

F41 Word in s. 7(8)(b) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(7); S.I. 2008/2675, art. 3(b)

F42 S. 7(10) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(2), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

F43 Word in s. 7(10) inserted (4.2.2003 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(4)(b)(i) (with s. 83(6)); S.I. 2003/192, arts. 2(b), 3, Sch.

F44 Words in s. 7(10) inserted (4.2.2003 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(4)(b)(ii) (with s. 83(6)); S.I. 2003/192, arts. 2(b), 3, Sch.

F45 S. 7(10)(b) and preceding word inserted (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(4)(b)(iii) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F46 S. 7(10)(c) and preceding word inserted (6.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 35(2), 62(2)

Modifications etc. (not altering text)

C7 S. 7(10): power to exclude conferred (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

Commencement Information

I4 S. 7 wholly in force; s. 7 not in force at Royal Assent see s. 58(2); s. 7(5)(8)(9) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 7 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

8 Role of the courts with respect to maintenance for children. E+W+S

(1) This subsection applies in any case where [F47 the [F48 Commission]] would have jurisdiction to make a [F2 maintenance calculation] with respect to a qualifying child and [F1 a non-resident parent] of his on an application duly made F49 ... by a person entitled to apply for such [F3 a calculation] with respect to that child.

(2) Subsection (1) applies even though the circumstances of the case are such that [F47 the [F48 Commission]] would not make [F3 a calculation] if it were applied for.

(3) [F50 Except as provided in subsection (3A),] in any case where subsection (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and [F1 non-resident parent] concerned.

[F51 (3A) Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—

(a) if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or

(b) where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.]

(4) Subsection (3) does not prevent a court from revoking a maintenance order.

(5) The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a written agreement (whether or not enforceable) provides for the making, or securing, by [F1 a non-resident parent] of the child of periodical payments to or for the benefit of the child; and

(b) the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

[F52 (5A) The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.]

(6) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a [F2 maintenance calculation] is in force with respect to the child;

[F53 (b) the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and]

(c) the court is satisfied that the circumstances of the case make it appropriate for the [F1 non-resident parent] to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the [F2 maintenance calculation].

(7) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

(b) the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

(8) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a disability living allowance is paid to or in respect of him; or

(b) no such allowance is paid but he is disabled,

and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child’s disability.

(9) For the purposes of subsection (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.

(10) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.

(11) In this Act “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—

(a) Part II of the M2 Matrimonial Causes Act 1973;

(b) the M3 Domestic Proceedings and Magistrates’ Courts Act 1978;

(c) Part III of the M4 Matrimonial and Family Proceedings Act 1984;

(d) the M5 Family Law (Scotland) Act 1985;

(e) Schedule 1 to the M6 Children Act 1989; F54 ...

[F55 (ea) Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or]

(f) any other prescribed enactment,

and includes any order varying or reviving such an order.

[F56 (12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

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 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3 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.

F47 Words in s. 8(1)(2) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 22; S.I. 1999/1510, art. 2(g)(iii)

F48 Words in s. 8(1)(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 6; S.I. 2008/2675, art. 3(b) (with art. 4)

F49 Words in s. 8(1) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

F50 Words in s. 8(3) inserted (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(5)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F51 S. 8(3A) substituted (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(5)(c) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F52 S. 8(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 219(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)

F53 S. 8(6)(b) substituted (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(5)(d) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F54 Word in s. 8(11)(e) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

F55 S. 8(11)(ea) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 1; S.I. 2005/3175, art. 2(1), Sch. 1

F56 S. 8(12) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 219(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)

Modifications etc. (not altering text)

C8 S. 8 restricted (5.4.1993) by The Child Maintenance (Written Agreements) Order 1993 (S.I. 1993/620), art.2

C9 S. 8 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2

C10 S. 8 restricted (2.1.1998) by The Child Support (Written Agreements) (Scotland) Order 1997 (S.I. 1997/2943), arts. 1, 2

C11 S. 8(3) modified (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))

C12 S. 8(3) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(2) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))

C13 S. 8(3) restricted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(9), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

Commencement Information

I5 S. 8 wholly in force; s. 8 not in force at Royal Assent see s. 58(2); s. 8(5)(9)(11)(f) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 8 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

Marginal Citations

M2 1973 c. 18.

M3 1978 c. 22.

M4 1984 c. 42.

M5 1985 c. 37.

M6 1989 c. 41.

9 Agreements about maintenance. E+W+S

(1) In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.

(2) Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.

(3) [F57 Subject to section 4(10)(a) [F58 and (ab)] and section 7(10),] the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a [F2 maintenance calculation] with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

(4) Where any agreement contains a provision which purports to restrict the right of any person to apply for a [F2 maintenance calculation], that provision shall be void.

(5) Where section 8 would prevent any court from making a maintenance order in relation to a child and [F1 a non-resident parent] of his, no court shall exercise any power that it has to vary any agreement so as—

(a) to insert a provision requiring that [F1 non-resident parent] to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or

(b) to increase the amount payable under such a provision.

[F59 (6) In any case in which section 4(10) or 7(10) prevents the making of an application for a [F2 maintenance calculation], F60 ... subsection (5) shall have effect with the omission of paragraph (b).]

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 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F57 Words in s. 9(3) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

F58 Words in s. 9(3) inserted (6.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 35(3), 62(2)

F59 S. 9(6) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

F60 Words in s. 9(6) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

Modifications etc. (not altering text)

C14 S. 9 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2

C15 S. 9(3) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))

C16 S. 9(5) modified (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))

C17 S. 9(5)(b) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(2) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))

C18 S. 9(5)(b) restricted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(9), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

10 Relationship between maintenance [F3 calculations] and certain court orders and related matters. E+W+S

(1) Where an order of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a [F2 maintenance calculation] is made, the order—

(a) shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(2) Where an agreement of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a [F2 maintenance calculation] is made, the agreement—

(a) shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(3) Any regulations under this section may, in particular, make such provision with respect to—

(a) any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the [F2 maintenance calculation] and of the provisions of this Act;

(b) the recovery of any arrears under the order or agreement which fell due before the coming into force of the [F2 maintenance calculation],

as the Secretary of State considers appropriate and may provide that, in prescribed circumstances, an application to any court which is made with respect to an order of a prescribed kind relating to the making or securing of periodical payments to or for the benefit of a child shall be treated by the court as an application for the order to be revoked.

(4) The Secretary of State may by regulations make provision for—

(a) notification to be given by [F61 the [F62 Commission]] to the prescribed person in any case where [F63 it] considers that the making of a [F2 maintenance calculation] has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;

(b) notification to be given by the prescribed person to the [F62 Commission] in any case where a court makes an order which it considers has affected, or is likely to affect, a [F2 maintenance calculation].

(5) Rules may be made under section 144 of the M7 Magistrates’ Courts Act 1980 (rules of procedure) requiring any person who, in prescribed circumstances, makes an application to a magistrates’ court for a maintenance order to furnish the court with a statement in a prescribed form, and signed by [F64 an officer of the [F65 Commission]], as to whether or not, at the time when the statement is made, there is a [F2 maintenance calculation] in force with respect to that person or the child concerned.

In this subsection—

• “maintenance order” means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and

• “prescribed” means prescribed by the rules.

Textual Amendments

F2 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3 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.

F61 Words in s. 10(4) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 23(1)(a); S.I. 1999/1510, art. 2(g)(iii)

F62 Word in s. 10(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 7(2)(a); S.I. 2008/2675, art. 3(b)

F63 Word in s. 10(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 7(2)(b); S.I. 2008/2675, art. 3(b)

F64 Words in s. 10(5) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 23(2); S.I. 1999/1510, art. 2(g)(iii)

F65 Word in s. 10(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 7(3); S.I. 2008/2675, art. 3(b)

Modifications etc. (not altering text)

C19 S. 10 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2

Marginal Citations

M7 1980 c. 43.