- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (29/07/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 30/06/2014
Point in time view as at 29/07/2013. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Child Support Act 1991, Section 29 is up to date with all changes known to be in force on or before 15 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The [F1Secretary of State] may arrange for the collection of any child support maintenance payable in accordance with a [F2maintenance calculation] where—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an application has been made to the [F1Secretary of State] under section 4(2) or 7(3) for [F1the Secretary of State] to arrange for its collection.
(2)Where a [F2maintenance calculation] is made under this Act, payments of child support maintenance under the [F4calculation] shall be made in accordance with regulations made by the Secretary of State.
(3)The regulations may, in particular, make provision—
(a)for payments of child support maintenance to be made—
(i)to the person caring for the child or children in question;
(ii)to, or through, the [F5Secretary of State]; or
(iii)to, or through, such other person as the [F5Secretary of State] may, from time to time, specify;
(b)as to the method by which payments of child support maintenance are to be made;
[F6(c)for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);]
[F6(ca)requiring payments of child support maintenance to be made—
(i)by reference to such an amount and a reference period; and
(ii)at prescribed intervals falling in a reference period;]
(d)as to the method and timing of the transmission of payments which are made, to or through the [F5Secretary of State] or any other person, in accordance with the regulations;
(e)empowering the [F5Secretary of State] to direct any person liable to make payments in accordance with the [F4calculation]—
(i)to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;
(ii)to open an account from which payments under the [F4calculation] may be made in accordance with the method of payment which that person is obliged to adopt;
(f)providing for the making of representations with respect to matters with which the regulations are concerned.
[F7(3A)In subsection (3)(c) and (ca) “a reference period” means—
(a)a period of 52 weeks beginning with a prescribed date; or
(b)in prescribed circumstances, a prescribed period.]
[F8(4)If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—
(a)for that method of payment not to be used in any case where there is good reason not to use it; and
(b)for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.
(5)On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.
(6)Regulations under subsection (4)(b) may include—
(a)provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b)provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.
(7)If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—
(a)prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;
(b)prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.]
Textual Amendments
F1Words in s. 29(1) 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. 30(a)
F2Words 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.
F3S. 29(1)(a) 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)
F4Word 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.
F5Words in s. 29(3) 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. 30(b)
F6S. 29(3)(c)(ca) substituted for s. 29(3)(c) (8.10.2012) by Welfare Reform Act 2009 (c. 24), ss. 54(2), 61(3); S.I. 2012/2523, art. 2(1)(e)
F7S. 29(3A) inserted (8.10.2012) by Welfare Reform Act 2009 (c. 24), ss. 54(3), 61(3); S.I. 2012/2523, art. 2(1)(e)
F8S. 29(4)-(7) inserted (26.9.2008 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. 20, 62(3); S.I. 2008/2548, art. 2(a)
Modifications etc. (not altering text)
C1S. 29 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2
C2Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))
C3S. 29(2)(3) applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3; s. 29(2)(3) applied (with modifications) (S.) (5.4.1993) by S.I. 1992/2643, reg.4
Commencement Information
I1S. 29 wholly in force; s. 29 not in force at Royal Assent see s. 58(2); s. 29(2)(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 29 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys