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The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

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 This draft has been replaced by a new draft, The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 ISBN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

Child Support Act 1991

This section has no associated Explanatory Memorandum

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).

(2)

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.

(4)

Sub-paragraph (5)(b) was substituted by the 2004 Act, Schedule 24, paragraph 4 and amended by S.I. 2014/560.

(5)

Paragraph 6(5A) of Schedule 1 was inserted by the Civil Partnership Act 2004, Schedule 24, paragraph 5.

(6)

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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