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Child Support Act 1991

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Child Support Act 1991, Section 7 is up to date with all changes known to be in force on or before 17 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. Help about Changes to Legislation

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7 Right of child in Scotland to apply for [F1calculation].S

(1)A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the [F2Secretary of State] for a [F3maintenance 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 [F4a non-resident parent]; F5...

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An application made under subsection (1) shall authorise the [F2Secretary of State] to make a [F3maintenance calculation] with respect to any other children of the [F4non-resident parent] who are qualifying children in the care of the same person as the child making the application.

(3)Where a [F3maintenance calculation] has been made in response to an application under this section the [F6Secretary of State] may, if the [F7person with care or] the child concerned applies to [F6the Secretary of State] under this subsection, arrange for—

(a)the collection of the child support maintenance payable in accordance with the [F1calculation];

(b)the enforcement of the obligation to pay child support maintenance in accordance with the [F1calculation].

[F8(3A)The [F9Secretary of State] may only make arrangements under subsection (3)(a) if—

(a)the non-resident parent agrees to the arrangements, or

(b)the [F9Secretary of State] is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.]

(4)Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the [F10Secretary of State] to take steps to enforce that obligation whenever [F10the Secretary of State] considers it necessary to do so, the [F10Secretary of State] may act accordingly.

(5)Where a child has asked the [F11Secretary of State] to proceed under this section, the person with care of the child, the [F4non-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 [F11Secretary of State] F12... being provided with the information which is required to enable—

(a)the [F4non-resident parent] to be traced (where that is necessary);

(b)the amount of child support maintenance payable by the [F4non-resident parent] to be assessed; and

(c)that amount to be recovered from the [F4non-resident parent].

(6)The child who has made the application (but not the person having care of him) may at any time request the [F13Secretary of State] to cease acting under this section.

(7)It shall be the duty of the [F13Secretary of State] 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 [F14Secretary of State].

(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.

[F15(10)No application may be made at any time under this section by a qualifying child if

[F16(a)]there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F17made before a prescribed date], in respect of that child and the person who is, at that time, the [F4non-resident parent] [F18or

(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][F19; 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

F1Word 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.

F4Words 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.

F5S. 7(1)(b) and preceding word repealed (14.7.2008 for specified purposes, 1.6.2009 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. 2009/1314, art. 2(2)(c)(i)

F16Word 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.

F17Words 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.

F18S. 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.

F19S. 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)

C1S. 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

I1S. 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

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