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Child Support Act 1991, Paragraph 2 is up to date with all changes known to be in force on or before 04 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.
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[F12(1)A variation applied for by a non-resident parent may be agreed with respect to his special expenses.U.K.
(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 F2... ;
(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 F3... —
(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 F4... ;
(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 F5... 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.]
Textual Amendments
F1Sch. 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.
F2Words in Sch. 4B para. 2(3)(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)
F3Words in Sch. 4B para. 2(3)(c) 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)
F4Words in Sch. 4B para. 2(3)(d) 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)
F5Words in Sch. 4B para. 2(3)(e) 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)
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