- Draft legislation
This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 ISBN 978-0-11-112240-2
8.—(1) The Child Support Act 1991(1) is amended as follows.
(2) In Schedule 1(2) (maintenance assessments), as that Schedule has effect otherwise than by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000(3), in Part 1 (calculation of child support maintenance), in paragraph 6 (protected income)—
(a)in sub-paragraph (5)(b)(4), for sub-paragraphs (i) to (iii) substitute—
“(i)is living together in the same household with another adult who is his or her spouse or civil partner; or
(ii)is living together in the same household with another adult as if they were a married couple,”, and
(b)omit sub-paragraph (5A)(5).
(3) In Schedule 1 (maintenance calculations), as that Schedule has effect by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000, in Part 1 (calculation of weekly amount of child support maintenance), in paragraph 10C (references to various terms)—
(a)for sub-paragraph (5)(6) substitute—
“(5) In sub-paragraph (4)(a), “couple” means—
(a)two people who are married to, or civil partners of, each other and are members of the same household; or
(b)two people who are not married to, or civil partners of, each other but are living together as a married couple.”, and
(b)omit sub-paragraph (6).
Schedule 1 was substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c.19) only for specified purposes by S.I. 2000/2994 and 2003/192 and amended by S.I. 2014/560.
Sub-paragraph (5)(b) was substituted by the 2004 Act, Schedule 24, paragraph 4 and amended by S.I. 2014/560.
Paragraph 6(5A) of Schedule 1 was inserted by the Civil Partnership Act 2004, Schedule 24, paragraph 5.
Sub-paragraphs (5) and (6) of paragraph 10C were substituted by the 2004 Act, Schedule 24, paragraph 6 and amended by S.I. 2014/560.
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