Child Support Act 1991

29 Collection of child support maintenance. E+W+S

(1) The [F1 Secretary of State] may [F2 (subject to section 4(2A) and 7(3A))] arrange for the collection of any child support maintenance payable in accordance with a [F3 maintenance calculation] where—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an application has been made to the [F1 Secretary of State] under section 4(2) or 7(3) for [F1 the Secretary of State] to arrange for its collection.

(2) Where a [F3 maintenance calculation] is made under this Act, payments of child support maintenance under the [F5 calculation] 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 [F6 Secretary of State]; or

(iii) to, or through, such other person as the [F6 Secretary of State] may, from time to time, specify;

(b) as to the method by which payments of child support maintenance are to be made;

[F7 (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);]

[F7 (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 [F6 Secretary of State] or any other person, in accordance with the regulations;

(e) empowering the [F6 Secretary of State] to direct any person liable to make payments in accordance with the [F5 calculation]—

(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 [F5 calculation] 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.

[F8 (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.]

[F9 (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

F1 Words 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)

F2 Words in s. 29(1) inserted (30.6.2014) by Welfare Reform Act 2012 (c. 5), ss. 137(4), 150(3); S.I. 2014/1635, art. 4 (with art. 5)

F3 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.

F4 S. 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)

F5 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.

F6 Words 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)

F7 S. 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)

F8 S. 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)

F9 S. 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)

C1 S. 29 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2

C2 Ss. 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))

C3 S. 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

C4 S. 29(4)-(7) excluded for certain cases (temp.) (7.11.2016 until 22.5.2021) by The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016 (S.I. 2016/982), regs. 1(1), 6 (with reg. 1(2))

Commencement Information

I1 S. 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