- Latest available (Revised)
- Point in Time (01/11/2008)
- Original (As enacted)
Point in time view as at 01/11/2008.
Child Support Act 1991 is up to date with all changes known to be in force on or before 15 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
An Act to make provision for the [F1calculation], collection and enforcement of periodical maintenance payable by certain parents with respect to children of theirs who are not in their care; for the collection and enforcement of certain other kinds of maintenance; and for connected purposes.
[25th July 1991]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Extent Information
E1Act: for extent see s. 58(8)-(11)
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.
Modifications etc. (not altering text)
C1Act applied (18.6.1992) by The Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628), arts. 16(4), 49, Sch. 2; S.R. 1992/278, art.2, Sch.
C2Act applied (4.9.1995) by Child Support Act 1995 (c. 34), s. 27; S.I. 1995/2302, art. 2, Sch. Pt. 1
C3Act: definition of "maintenance assessment" extended (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), reg. 125
C4Act modified (8.9.1998) by Social Security Act 1998 (c. 14), ss. 2(2)(d), 87(2); S.I. 1998/2209, art. 2, Sch. Pt. 1
C5Act: power to amend conferred (2.12.1999) by Northern Ireland Act 1998 (c. 47), s. 87(4)-(6) (with s. 95, Sch. 14); S.I. 1999/3209, art. 2, Sch.
C6Act: power to modify conferred (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(2), 62(3); S.I. 2008/1476, art. 2(6)
C7Act modified (temp.) (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(1), 62(3); S.I. 2008/1476, art. 2(6)
C8Act power to apply (with modifications) conferred (24.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 6(4), 62(3); S.I. 2008/2033, art. 2(1)
C9Act functions transferred (1.11.2008 for specified purposes) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 13, 62(3) (with Sch. 3 Pt. 2); S.I. 2008/2675, art. 3(b) (with art. 4)
(1)For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him.
(2)For the purposes of this Act, [F2a non-resident parent] shall be taken to have met his responsibility to maintain any qualifying child of his by making periodical payments of maintenance with respect to the child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Act.
(3)Where a [F3maintenance calculation] made under this Act requires the making of periodical payments, it shall be the duty of the [F2non-resident parent] with respect to whom the [F1calculation] was made to make those payments.
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.
F2Words 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.
F3Words 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.
Modifications etc. (not altering text)
C10S. 1 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2
Where, in any case which falls to be dealt with under this Act, the [F4Commission] F5... is considering the exercise of any discretionary power conferred by this Act, [F6it] shall have regard to the welfare of any child likely to be affected by [F7its] decision.
Textual Amendments
F4Word in s. 2 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 2(a); S.I. 2008/2675, art. 3(b)
F5Words in s. 2 repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 18, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)
F6Word in s. 2 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 2(b); S.I. 2008/2675, art. 3(b)
F7Word in s. 2 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 2(c); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C11S. 2 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2
(1)A child is a “qualifying child” if—
(a)one of his parents is, in relation to him, [F2a non-resident parent]; or
(b)both of his parents are, in relation to him, [F2non-resident parents].
(2)The parent of any child is [F2a “non-resident parent”], in relation to him, if—
(a)that parent is not living in the same household with the child; and
(b)the child has his home with a person who is, in relation to him, a person with care.
(3)A person is a “person with care”, in relation to any child, if he is a person—
(a)with whom the child has his home;
(b)who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and
(c)who does not fall within a prescribed category of person.
(4)The Secretary of State shall not, under subsection (3)(c), prescribe as a category—
(a)parents;
(b)guardians;
(c)persons in whose favour residence orders under section 8 of the M1Children Act 1989 are in force;
(d)in Scotland, persons [F8with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.]
(5)For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.
(6)Periodical payments which are required to be paid in accordance with a [F3maintenance calculation] are referred to in this Act as “child support maintenance”.
(7)Expressions are defined in this section only for the purposes of this Act.
Textual Amendments
F2Words 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.
F3Words 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.
F8Words in s. 3(4)(d) substituted (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(2); S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)
Modifications etc. (not altering text)
C12S. 3(3)(b) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 2001 (S.I. 2001/155), regs. 1(4), 12(2); S.I. 2003/192, art. 3(1), Sch.
C13S. 3(3)(b) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 2001 (S.I. 2001/155), regs. 1(4), 13(2); S.I. 2003/192, art. 3(1), Sch.
Commencement Information
I1S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 58(2); s. 3(3)(c) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 3 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
Marginal Citations
(1)A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the [F2non-resident parent] may apply to the [F9Commission] for a [F3maintenance calculation] to be made under this Act with respect to that child, or any of those children.
(2)Where a [F3maintenance calculation] has been made in response to an application under this section the [F10Commission] may, if the person with care or [F2non-resident parent] with respect to whom the [F1calculation] was made applies to [F11it] 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].
(3)Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the [F12Commission] to take steps to enforce that obligation whenever [F13it] considers it necessary to do so, the [F12Commission] may act accordingly.
(4)A person who applies to the [F14Commission] under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the [F14Commission] F15... being provided with the information which is required to enable—
(a)the [F2non-resident parent] to be [F16identified or] traced (where that is necessary);
(b)the amount of child support maintenance payable by the [F2non-resident parent] to be assessed; and
(c)that amount to be recovered from the [F2non-resident parent].
(5)Any person who has applied to the [F17Commission] under this section may at any time request [F18it] to cease acting under this section.
(6)It shall be the duty of the [F19Commission] to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).
(7)The obligation to provide information which is imposed by subsection (4)—
(a)shall not apply in such circumstances as may be prescribed; and
(b)may, in such circumstances as may be prescribed, be waived by the [F20Commission].
(8)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.
F21(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22(10)No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—
(a)there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F23made before a prescribed date], in respect of that child or those children and the person who is, at that time, the [F2non-resident parent]; or
[F24(aa)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; or]
[F25(ab)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;] F26...
F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
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.
F2Words 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.
F3Words 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.
F9Word in s. 4(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(2); S.I. 2008/2675, art. 3(b) (with art. 4)
F10Word in s. 4(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(3)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F11Word in s. 4(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(3)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F12Word in s. 4(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(4)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F13Word in s. 4(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(4)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F14Word in s. 4(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(5); S.I. 2008/2675, art. 3(b) (with art. 4)
F15Words in s. 4(4) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 19, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)
F16Words in s. 4(4)(a) 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(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F17Word in s. 4(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(6)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F18Word in s. 4(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(6)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F19Word in s. 4(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(7); S.I. 2008/2675, art. 3(b) (with art. 4)
F20Word in s. 4(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 3(7); S.I. 2008/2675, art. 3(b) (with art. 4)
F21S. 4(9) 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)
F22S. 4(10)(11) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(1), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F23Words in s. 4(10)(a) inserted (4.2.2003 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 2(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, arts. 2(a), 3, Sch.
F24S. 4(10)(aa) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 2(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F25S. 4(10)(ab) inserted (6.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 35(1), 62(2)
F26S. 4(10)(b) and preceding word repealed (14.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(3)(c)(4)(5); S.I. 2008/2548, art. 3(d)(i)
F27S. 4(11) 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)
Modifications etc. (not altering text)
C14S. 4(6) modified (5.4.1993) by The Child Support (Maintenance Assessment Procedure) Regulations 1992 (S.I. 1992/1813), reg. 52(8)
C15S. 4(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
I2S. 4 wholly in force; s. 4 not in force at Royal Assent see s. 58(2); s. 4(4)(7)(8) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 4 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)Where—
(a)there is more than one person with care of a qualifying child; and
(b)one or more, but not all, of them have parental responsibility for F28... the child;
no application may be made for a [F3maintenance calculation] with respect to the child by any of those persons who do not have parental responsibility for F28... the child.
(2)Where more than one application for a [F3maintenance calculation] is made with respect to the child concerned, only one of them may be proceeded with.
(3)The Secretary of State may by regulations make provision as to which of two or more applications for a [F3maintenance calculation] with respect to the same child is to be proceeded with.
Textual Amendments
F3Words 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.
F28Words in s. 5(1) repealed (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(3), Sch. 5; S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)
Commencement Information
I3S. 5 wholly in force; s. 5 not in force at Royal Assent see s. 58(2); S. 5(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 5 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29S. 6 repealed (14.7.2008 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. 15(a), 62(3), Sch. 8; S.I. 2008/1476, art. 2(3)(a)(c)(4)(5); S.I. 2008/2548, art. 3(a) (with art. 4)
(1)A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the [F30Commission] 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 [F2a non-resident parent]; F31...
F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)An application made under subsection (1) shall authorise the [F32Commission] to make a [F3maintenance calculation] with respect to any other children of the [F2non-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 [F33Commission] may, if the person with care, the [F2non-resident parent] with respect to whom the [F1calculation] was made or the child concerned applies to [F34it] 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].
(4)Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the [F35Commission] to take steps to enforce that obligation whenever [F36it] considers it necessary to do so, the [F35Commission] may act accordingly.
(5)Where a child has asked the [F37Commission] to proceed under this section, the person with care of the child, the [F2non-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 [F37Commission] F38... being provided with the information which is required to enable—
(a)the [F2non-resident parent] to be traced (where that is necessary);
(b)the amount of child support maintenance payable by the [F2non-resident parent] to be assessed; and
(c)that amount to be recovered from the [F2non-resident parent].
(6)The child who has made the application (but not the person having care of him) may at any time request the [F39Commission] to cease acting under this section.
(7)It shall be the duty of the [F40Commission] 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 [F41Commission].
(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.
[F42(10)No application may be made at any time under this section by a qualifying child if
[F43(a)]there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F44made before a prescribed date], in respect of that child and the person who is, at that time, the [F2non-resident parent] [F45or
(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][F46; 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.
F2Words 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.
F3Words 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.
F30Word in s. 7(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(2); S.I. 2008/2675, art. 3(b)
F31S. 7(1)(b) and preceding word repealed (14.7.2008 for specified purposes) 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)
F32Word in s. 7(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(2); S.I. 2008/2675, art. 3(b)
F33Word in s. 7(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(3)(a); S.I. 2008/2675, art. 3(b)
F34Word in s. 7(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(3)(b); S.I. 2008/2675, art. 3(b)
F35Word in s. 7(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(4)(a); S.I. 2008/2675, art. 3(b)
F36Word in s. 7(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(4)(b); S.I. 2008/2675, art. 3(b)
F37Word in s. 7(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(5); S.I. 2008/2675, art. 3(b)
F38Words in s. 7(5) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 21, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)
F39Word in s. 7(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(6); S.I. 2008/2675, art. 3(b)
F40Word in s. 7(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(6); S.I. 2008/2675, art. 3(b)
F41Word in s. 7(8)(b) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 5(7); S.I. 2008/2675, art. 3(b)
F42S. 7(10) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(2), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F43Word 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.
F44Words 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.
F45S. 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.
F46S. 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)
C16S. 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
I4S. 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
(1)This subsection applies in any case where [F47the [F48Commission]] would have jurisdiction to make a [F3maintenance calculation] with respect to a qualifying child and [F2a non-resident parent] of his on an application duly made F49... by a person entitled to apply for such [F1a calculation] with respect to that child.
(2)Subsection (1) applies even though the circumstances of the case are such that [F47the [F48Commission]] would not make [F1a calculation] if it were applied for.
(3)[F50Except as provided in subsection (3A),] in any case where subsection (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and [F2non-resident parent] concerned.
[F51(3A)Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—
(a)if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or
(b)where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.]
(4)Subsection (3) does not prevent a court from revoking a maintenance order.
(5)The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a)a written agreement (whether or not enforceable) provides for the making, or securing, by [F2a non-resident parent] of the child of periodical payments to or for the benefit of the child; and
(b)the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.
[F52(5A)The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.]
(6)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a)a [F3maintenance calculation] is in force with respect to the child;
[F53(b)the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and]
(c)the court is satisfied that the circumstances of the case make it appropriate for the [F2non-resident parent] to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the [F3maintenance calculation].
(7)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a)the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and
(b)the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.
(8)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a)a disability living allowance is paid to or in respect of him; or
(b)no such allowance is paid but he is disabled,
and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child’s disability.
(9)For the purposes of subsection (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.
(10)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.
(11)In this Act “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—
(a)Part II of the M2Matrimonial Causes Act 1973;
(b)the M3Domestic Proceedings and Magistrates’ Courts Act 1978;
(c)Part III of the M4Matrimonial and Family Proceedings Act 1984;
(d)the M5Family Law (Scotland) Act 1985;
(e)Schedule 1 to the M6Children Act 1989; F54...
[F55(ea)Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or]
(f)any other prescribed enactment,
and includes any order varying or reviving such an order.
[F56(12)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
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.
F2Words 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.
F3Words 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.
F47Words in s. 8(1)(2) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 22; S.I. 1999/1510, art. 2(g)(iii)
F48Words in s. 8(1)(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 6; S.I. 2008/2675, art. 3(b) (with art. 4)
F49Words in s. 8(1) 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)
F50Words in s. 8(3) 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(5)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F51S. 8(3A) substituted (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(5)(c) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F52S. 8(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 219(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)
F53S. 8(6)(b) substituted (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(5)(d) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F54Word in s. 8(11)(e) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)
F55S. 8(11)(ea) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 1; S.I. 2005/3175, art. 2(1), Sch. 1
F56S. 8(12) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 219(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)
Modifications etc. (not altering text)
C17S. 8 restricted (5.4.1993) by The Child Maintenance (Written Agreements) Order 1993 (S.I. 1993/620), art.2
C18S. 8 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2
C19S. 8 restricted (2.1.1998) by The Child Support (Written Agreements) (Scotland) Order 1997 (S.I. 1997/2943), arts. 1, 2
C20S. 8(3) modified (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C21S. 8(3) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(2) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C22S. 8(3) restricted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(9), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
Commencement Information
I5S. 8 wholly in force; s. 8 not in force at Royal Assent see s. 58(2); s. 8(5)(9)(11)(f) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 8 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
Marginal Citations
(1)In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.
(2)Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.
(3)[F57Subject to section 4(10)(a) [F58and (ab)] and section 7(10),] the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a [F3maintenance calculation] with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.
(4)Where any agreement contains a provision which purports to restrict the right of any person to apply for a [F3maintenance calculation], that provision shall be void.
(5)Where section 8 would prevent any court from making a maintenance order in relation to a child and [F2a non-resident parent] of his, no court shall exercise any power that it has to vary any agreement so as—
(a)to insert a provision requiring that [F2non-resident parent] to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or
(b)to increase the amount payable under such a provision.
[F59(6)In any case in which section 4(10) or 7(10) prevents the making of an application for a [F3maintenance calculation], F60... subsection (5) shall have effect with the omission of paragraph (b).]
Textual Amendments
F2Words 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.
F3Words 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.
F57Words in s. 9(3) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F58Words in s. 9(3) inserted (6.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 35(3), 62(2)
F59S. 9(6) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F60Words in s. 9(6) 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)
Modifications etc. (not altering text)
C23S. 9 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2
C24S. 9(3) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C25S. 9(5) modified (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C26S. 9(5)(b) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(2) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C27S. 9(5)(b) restricted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(9), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
(1)Where an order of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a [F3maintenance calculation] is made, the order—
(a)shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or
(b)where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
(2)Where an agreement of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a [F3maintenance calculation] is made, the agreement—
(a)shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or
(b)where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
(3)Any regulations under this section may, in particular, make such provision with respect to—
(a)any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the [F3maintenance calculation] and of the provisions of this Act;
(b)the recovery of any arrears under the order or agreement which fell due before the coming into force of the [F3maintenance calculation],
as the Secretary of State considers appropriate and may provide that, in prescribed circumstances, an application to any court which is made with respect to an order of a prescribed kind relating to the making or securing of periodical payments to or for the benefit of a child shall be treated by the court as an application for the order to be revoked.
(4)The Secretary of State may by regulations make provision for—
(a)notification to be given by [F61the [F62Commission]] to the prescribed person in any case where [F63it] considers that the making of a [F3maintenance calculation] has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;
(b)notification to be given by the prescribed person to the [F62Commission] in any case where a court makes an order which it considers has affected, or is likely to affect, a [F3maintenance calculation].
(5)Rules may be made under section 144 of the M7Magistrates’ Courts Act 1980 (rules of procedure) requiring any person who, in prescribed circumstances, makes an application to a magistrates’ court for a maintenance order to furnish the court with a statement in a prescribed form, and signed by [F64an officer of the [F65Commission]], as to whether or not, at the time when the statement is made, there is a [F3maintenance calculation] in force with respect to that person or the child concerned.
In this subsection—
“maintenance order” means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and
“prescribed” means prescribed by the rules.
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.
F3Words 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.
F61Words in s. 10(4) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 23(1)(a); S.I. 1999/1510, art. 2(g)(iii)
F62Word in s. 10(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 7(2)(a); S.I. 2008/2675, art. 3(b)
F63Word in s. 10(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 7(2)(b); S.I. 2008/2675, art. 3(b)
F64Words in s. 10(5) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 23(2); S.I. 1999/1510, art. 2(g)(iii)
F65Word in s. 10(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 7(3); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C28S. 10 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2
Marginal Citations
(1)An application for a maintenance calculation made to the [F68Commission] shall be dealt with by [F69it] in accordance with the provision made by or under this Act.
(2)The [F70Commission] shall (unless [F71it] decides not to make a maintenance calculation in response to the application, or makes a decision under section 12) determine the application by making a decision under this section about whether any child support maintenance is payable and, if so, how much.
F72(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.
(7)If the [F73Commission] has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis [F74it] determines under section 28F(4).
(8)Part II of Schedule 1 makes further provision with respect to maintenance calculations.]
Textual Amendments
F66S. 11 substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F67S. 11 (as originally enacted) amended (14.7.2008 for specified purposes) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(34)(a); S.I. 2008/1476, art. 2(3)(b)(4)(5)
F68Word in s. 11(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 8(2)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F69Word in s. 11(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 8(2)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F70Word in s. 11(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 8(3)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F71Word in s. 11(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 8(3)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F72S. 11(3)-(5) 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)
F73Word in s. 11(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 8(7)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F74Word in s. 11(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 8(7)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
(1)Where the [F76Commission]—
(a)is required to make a maintenance calculation; or
(b)is proposing to make a decision under section 16 or 17,
and it appears to [F77the Commission] that [F78it] does not have sufficient information to enable [F77it] to do so, [F78it] may make a default maintenance decision.
(2)Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation F79... , the [F80Commission] may make an interim maintenance decision.
(3)The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.
(4)The Secretary of State may by regulations make provision as to default and interim maintenance decisions.
(5)The regulations may, in particular, make provision as to—
(a)the procedure to be followed in making a default or an interim maintenance decision; and
(b)a default rate of child support maintenance to apply where a default maintenance decision is made.]
Textual Amendments
F75S. 12 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. 4, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F76Word in s. 12(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(2)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F77Words in s. 12(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(2)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F78Word in s. 12(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(2)(c); S.I. 2008/2675, art. 3(b) (with art. 4)
F79Words in s. 12(2) 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)
F80Word in s. 12(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 9(3); S.I. 2008/2675, art. 3(b) (with art. 4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F81S. 13 repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 26, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii) (and see Social Security Act 1998 (c. 14), s. 1(c))
(1)The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application [F83made] F84... under this Act, or any question arising in connection with such an application F84... [F85, or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,] or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—
(a)by such persons as may be determined in accordance with regulations made by the Secretary of State; and
(b)in accordance with the regulations.
[F86(1A)Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.]
F87(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The Secretary of State may by regulations make provision authorising the disclosure by [F88the Commission] F89... , in such circumstances as may be prescribed, of such information held by [F88the Commission] for purposes of this Act as may be prescribed.
(4)The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the [F90Commission]) shall have effect.
Textual Amendments
F82Word in s. 14 heading substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 10(2); S.I. 2008/2675, art. 3(b) (with art. 4)
F83Words in s. 14(1) 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(7) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F84Words in s. 14(1) 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)
F85Words in s. 14(1) inserted (3.3.2003 for specified purposes, 26.9.2008 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 12, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.; S.I. 2008/2545, art. 2
F86S. 14(1A) inserted (1.10.1995 for specified purposes, 14.10.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 3(1); S.I. 1995/2302, art. 2, Sch. Pt. 2; S.I. 1996/2630, art. 2, Sch. Pt. 1
F87S. 14(2)(2A) repealed (8.9.1998) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 27(a), Sch. 8; S.I. 1998/2209, art. 2, Sch. Pt. 1
F88Words in s. 14(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 10(3); S.I. 2008/2675, art. 3(b) (with art. 4)
F89Words in s. 14(3) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 27(b), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)
F90Word in s. 14(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 10(4); S.I. 2008/2675, art. 3(b) (with art. 4)
Commencement Information
I6S. 14 wholly in force; s. 14 not in force at Royal Assent see s. 58(2); s. 14(1)(3) wholly in force and s. 14(4) in force so far as it relates to Sch. 2 para. 2(4) at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 14 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)This section applies to—
(a)persons who are required to comply with regulations under section 4(4) or 7(5); and
(b)persons specified in regulations under section 14(1)(a).
(2)Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—
(a)he makes a statement or representation which he knows to be false; or
(b)he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.
(3)Such a person is guilty of an offence if, following such a request, he fails to comply with it.
[F92(3A)In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify a change of address, a person who fails to comply with the requirement is guilty of an offence.]
(4)It is a defence for a person charged with an offence under subsection (3) [F93or (3A)] to prove that he had a reasonable excuse for failing to comply.
(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]
Textual Amendments
F91S. 14A Inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 13, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)
F92S. 14A(3A) 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. 36(1), 62(3); S.I. 2008/2548, art. 2(b)
F93Words in s. 14A(4) 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. 36(2), 62(3); S.I. 2008/2548, art. 2(b)
[F94(1)The [F95Commission] may appoint, on such terms as [F96it] thinks fit, persons to act as inspectors under this section.
(2)The function of inspectors is to acquire information which the [F97Commission] needs for any of the purposes of this Act.
(3)Every inspector is to be given a certificate of his appointment.
(4)An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—
(a)are liable to inspection under this section; and
(b)are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,
and may there make such examination and inquiry as he considers appropriate.
(4A)Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—
(a)premises at which a non-resident parent is or has been employed;
(b)premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;
(c)premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.]
(5)An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.
(6)If required to do so by an inspector exercising his powers, [F98any such person] shall furnish to the inspector all such information and documents as the inspector may reasonably require.
(7)No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married [F99or is a civil partner], his or her spouse [F100or civil partner].
(8)On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.
(9)If any person—
(a)intentionally delays or obstructs any inspector exercising his powers; or
(b)without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10)In this section—
“certificate” means a certificate of appointment issued under this section;
“inspector” means an inspector appointed under this section;
“powers” means powers conferred by this section; F101...
F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F102(11)In this section, “premises” includes—
(a)moveable structures and vehicles, vessels, aircraft and hovercraft;
(b)installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and
(c)places of all other descriptions whether or not occupied as land or otherwise,
and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.]
Textual Amendments
F94S. 15(1)-(4A) substituted for s. 15(1)-(4) (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)
F95Word in s. 15(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 11(2)(a); S.I. 2008/2675, art. 3(b)
F96Word in s. 15(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 11(2)(b); S.I. 2008/2675, art. 3(b)
F97Word in s. 15(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 11(3); S.I. 2008/2675, art. 3(b)
F98Words in s. 15(6) substituted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)
F99Words in s. 15(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 2(a); S.I. 2005/3175, art. 2(1), Sch. 1
F100Words in s. 15(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 2(b); S.I. 2005/3175, art. 2(1), Sch. 1
F101Words in s. 15(10) repealed (2.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2001/1252, art. 2(1)(d)(i)
F102S. 15(11) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(4), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)
Modifications etc. (not altering text)
C29S. 15 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2
(1)Any decision [F104to which subsection (1A) applies] may be revised by the [F105Commission]—
(a)either within the prescribed period or in prescribed cases or circumstances; and
(b)either on an application made for the purpose or on [F106its] own initiative;
and regulations may prescribe the procedure by which a decision of the [F105Commission] may be so revised.
[F107(1A)This subsection applies to—
(a)a decision of the [F105Commission] under section 11, 12 or 17;
F108(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a decision of an appeal tribunal on a referral under section 28D(1)(b).
(1B)Where the [F105Commission] revises a decision under section 12(1)—
(a)[F109it] may (if appropriate) do so as if [F109it] were revising a decision under section 11; and
(b)if [F109it] does that, [F106its] decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).]
(2)In making a decision under subsection (1), the [F105Commission] need not consider any issue that is not raised by the application or, as the case may be, did not cause [F110it] to act on [F106its] own initiative.
(3)Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
(4)Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.
(5)Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
(6)Except in prescribed circumstances, an appeal against a decision of the [F105Commission] shall lapse if the decision is revised under this section before the appeal is determined.]
Textual Amendments
F103S. 16 substituted (16.11.1998 for specified purposes, 7.12.1998 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 40, 87(2); S.I. 1998/2780, art. 2 (with art. 3) (as amended (2.4.2001) by 2000 c. 19, Sch. 9 Pt. 1; S.I. 2001/1252, art. 2(1)(d)(iii))
F104Words in s. 16(1) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 8(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F105Word in s. 16 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 12(a); S.I. 2008/2675, art. 3(b)
F106Word in s. 16 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 12(b); S.I. 2008/2675, art. 3(b)
F107S. 16(1A)(1B) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 8(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F108S. 16(1A)(b) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F109Word in s. 16 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 12(c); S.I. 2008/2675, art. 3(b)
F110Word in s. 16 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 12(d); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C30S. 16 applied by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), reg. 3A (as inserted (3.3.2003 for specified purposes) by S.I. 2000/3185, regs. 1, 5; S.I. 2003/192, art. 3(1), Sch.)
(1)Subject to subsection (2), the following, namely—
(a)any decision of the [F112Commission] under section 11 or 12 or this section, whether as originally made or as revised under section 16;
(b)any decision of an appeal tribunal under section 20; F113...
F114(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F115(d)any decision of an appeal tribunal on a referral under section 28D(1)(b);
(e)any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b) or (d)],
may be superseded by a decision made by the [F112Commission], either on an application made for the purpose or on [F116its] own initiative.
(2)In making a decision under subsection (1), the [F112Commission] need not consider any issue that is not raised by the application or, as the case may be, did not cause [F117it] to act on [F116its] own initiative.
(3)Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
[F118(4)Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.
(4A)In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the [F112Commission] under section 11 or (if earlier) [F116its] first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.]
(5)Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.]
Textual Amendments
F111S. 17 substituted for ss. 17–19 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 41, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d) (for a transitional provision see S.I. 1999/1510, art. 48(2))
F112Word in s. 17 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 13(a); S.I. 2008/2675, art. 3(b)
F113Word in s. 17(1) repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F114S. 17(1)(c) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F115S. 17(1)(c)-(e) substituted for s. 17(1)(c) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 9(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F116Word in s. 17 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 13(b); S.I. 2008/2675, art. 3(b)
F117Word in s. 17 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 13(c); S.I. 2008/2675, art. 3(b)
F118S. 17(4)(4A) substituted for s. 17(4) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 9(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F111S. 17 substituted for ss. 17–19 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 41, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d) (for a transitional provision see S.I. 1999/1510, art. 48(2))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F111S. 17 substituted for ss. 17–19 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 41, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d) (for a transitional provision see S.I. 1999/1510, art. 48(2))
(1)A qualifying person has a right of appeal to an appeal tribunal against—
(a)a decision of the [F120Commission] under section 11, 12 or 17 (whether as originally made or as revised under section 16);
(b)a decision of the [F121Commission] not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;
F122(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;
(e)the imposition (by virtue of section 47) of a requirement to pay fees.
(2)In subsection (1), “qualifying person” means—
(a)in relation to paragraphs (a) and (b)—
(i)the person with care, or non-resident parent, with respect to whom the [F123Commission] made the decision, or
(ii)in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;
F124(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in relation to paragraph (d), the parent who has been required to make penalty payments; and
(d)in relation to paragraph (e), the person required to pay fees.
(3)A person with a right of appeal under this section shall be given such notice as may be prescribed of—
(a)that right; and
(b)the relevant decision, or the imposition of the requirement.
(4)Regulations may make—
(a)provision as to the manner in which, and the time within which, appeals are to be brought; and
(b)such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate.
(5)The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.
F125(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In deciding an appeal under this section, an appeal tribunal—
(a)need not consider any issue that is not raised by the appeal; and
(b)shall not take into account any circumstances not obtaining at the time when the [F126Commission] made the decision or imposed the requirement.
(8)If an appeal under this section is allowed, the appeal tribunal may—
(a)itself make such decision as it considers appropriate; or
(b)remit the case to the [F127Commission], together with such directions (if any) as it considers appropriate.]
Textual Amendments
F119S. 20 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. 10, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F120Word in s. 20(1)(a) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 14(2); S.I. 2008/2675, art. 3(b)
F121Word in s. 20(1)(b) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 14(2); S.I. 2008/2675, art. 3(b)
F122S. 20(1)(c) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F123Word in s. 20(2)(a)(i) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 14(2); S.I. 2008/2675, art. 3(b)
F124S. 20(2)(b) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F125S. 20(6) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F126Word in s. 20(7)(b) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 14(2); S.I. 2008/2675, art. 3(b)
F127Word in s. 20(8)(b) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 14(2); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C31S. 20 modified (E.W.) (21.7.2002) by The Child Support Appeals (Jurisdiction of Courts) Order 2002 (S.I. 2002/1915), arts. 1(2), 3 (with art. 1(3))
C32S. 20 applied by The Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991), reg. 30A (as inserted (3.3.2003 for specified purposes) by S.I. 2000/3185, regs. 1, 12; S.I. 2003/192, art. 3(1), Sch.)
C33S. 20(3)-(5)(7)(8) applied (24.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 6(6), 62(3); S.I. 2008/2033, art. 2(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F128S. 20 substituted for ss. 20–21 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 42, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F128S. 20 substituted for ss. 20–21 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 42, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)
(1)Her Majesty may from time to time appoint a Chief Child Support Commissioner and such number of other Child Support Commissioners as she may think fit.
(2)The Chief Child Support Commissioner and the other Child Support Commissioners shall be appointed from among persons who—
[F129(a)satisfy the judicial-appointment eligibility condition on a 7-year basis; or]
(b)are advocates or solicitors in Scotland of [F1307] years’ standing.
(3)The Lord Chancellor, after consulting the Lord Advocate, may make such regulations with respect to proceedings before Child Support Commissioners as he considers appropriate.
(4)The regulations—
(a)may, in particular, make any provision of a kind mentioned in [F131Schedule 5 to the Social Security Act 1998]; and
(b)shall provide that any hearing before a Child Support Commissioner shall be in public except in so far as the Commissioner for special reasons directs otherwise.
(5)Schedule 4 shall have effect with respect to Child Support Commissioners.
Textual Amendments
F129S. 22(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 22(2)(a); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F130Figure in s. 22(2)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 22(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F131Words in s. 22(4)(a) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 29; S.I. 1999/1510, art. 2(g)(iii)
Modifications etc. (not altering text)
C34S. 22: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C35S. 22(3) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12
C36S. 22(3): transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)
Commencement Information
I7S. 22 wholly in force; s. 22 not in force at Royal Assent see s. 58(2); s. 22(3)(4) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 22(1)(2)(5) in force at 1.9.1992 by S.I. 1992/1938, art. 2; s. 22 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and such number of other Child Support Commissioners for Northern Ireland as she may think fit.
(2)The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than [F1327] years’ standing.
(3)Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland, subject to the modifications set out in paragraph 8.
F133(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F132Figure in s. 23(2) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 22(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F133S. 23(4)(5) repealed (2.12.1999) by Northern Ireland Act 1998 (c. 47), ss. 100(2), 101(3), Sch. 15 (with s. 95, Sch. 14); S.I. 1999/3209, art. 2, Sch.
Modifications etc. (not altering text)
C37S. 23 applied (18.6.1992) by S.I. 1991/2628, art. 2; S.R. 1992/278, art.2, Sch.
(1)This section applies where an application is made to a person under section 24(6)(a) for leave to appeal from a decision of an appeal tribunal.
(2)If the person who constituted, or was the chairman of, the appeal tribunal considers that the decision was erroneous in law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.
(3)If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.
(4)The “principal parties” are—
[F135(za)the Commission;]
(a)the Secretary of State; and
(b)those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.]
Textual Amendments
F134S. 23A inserted (15.2.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 11, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(2)
F135S. 23A(4)(za) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 15; S.I. 2008/2675, art. 3(b)
[F136(1)Each of the following may appeal to a Child Support Commissioner on a question of law—
(a)the Commission,
(b)the Secretary of State, and
(c)any person who is aggrieved by the decision of an appeal tribunal.]
F137(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where, on an appeal under this section, a Child Support Commissioner holds that the decision appealed against was wrong in law he shall set it aside.
(3)Where a decision is set aside under subsection (2), the Child Support Commissioner may—
(a)if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by [F138the appeal tribunal];
(b)if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or
[F139(c)on an appeal by [F140the Commission or] the Secretary of State, refer the case to [F141an appeal tribunal] with directions for its determination; or
(d)on any other appeal, refer the case to [F142the Commission or] [F143the Secretary of State] or, if he considers it appropriate, to [F141an appeal tribunal] with directions for its determination.]
[F144(4)The reference under subsection (3) to [F145the Commission or] the Secretary of State shall, subject to any direction of the Child Support Commissioner, be [F146to an officer of, or a person providing services to, the Commission or the Secretary of State,] who has taken no part in the decision originally appealed against.]
(5)On a reference under subsection (3) to [F147an appeal tribunal], the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.
(6)No appeal lies under this section without the leave—
(a)of the person [F148who constituted, or was the chairman of, the appeal tribunal] when the decision appealed against was given or of [F149such other person] as may be determined in accordance with regulations made by the Lord Chancellor; or
(b)subject to and in accordance with regulations so made, of a Child Support Commissioner.
(7)The Lord Chancellor may by regulations make provision as to the manner in which, and the time within which, appeals under this section are to be brought and applications for leave under this section are to be made.
(8)Where a question which would otherwise fall to be determined by [F150the Commission or] [F151the Secretary of State] first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by [F150the Commission or] [F151the Secretary of State].
(9)Before making any regulations under subsection (6) or (7), the Lord Chancellor shall consult the Lord Advocate.
Textual Amendments
F136S. 24(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(2); S.I. 2008/2675, art. 3(b)
F137S. 24(1A) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(2), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)
F138Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(a); S.I. 1999/1510, art. 2(g)(iii)
F139S. 24(3)(c)(d) substituted for s. 24(3)(c) (2.12.1996) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 7(3); S.I. 1996/2630, art. 2, Sch. Pt. 2
F140Words in s. 24(3)(c) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(3); S.I. 2008/2675, art. 3(b)
F141Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(b); S.I. 1999/1510, art. 2(g)(iii)
F142Words in s. 24(3)(d) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(3); S.I. 2008/2675, art. 3(b)
F143Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(c); S.I. 1999/1510, art. 2(g)(iii)
F144S. 24(4) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(4); S.I. 1999/1510, art. 2(g)(iii)
F145Words in s. 24(4) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(4)(a); S.I. 2008/2675, art. 3(b)
F146Words in s. 24(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(4)(b); S.I. 2008/2675, art. 3(b)
F147Words in s. 24(5) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(5); S.I. 1999/1510, art. 2(g)(iii)
F148Words in s. 24(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(6)(a); S.I. 1999/1510, art. 2(g)(iii)
F149Words in s. 24(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(6)(b); S.I. 1999/1510, art. 2(g)(iii)
F150Words in s. 24(8) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(5); S.I. 2008/2675, art. 3(b)
F151Words in s. 24(8) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(7); S.I. 1999/1510, art. 2(g)(iii)
Modifications etc. (not altering text)
C38S. 24: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C39S. 24(9) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12
C40S. 24(9): transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)
Commencement Information
I8S. 24 wholly in force; s. 24 not in force at Royal Assent see s. 58(2); s. 24(6)(7) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 24(9) in force at 1.9.1992 by S.I. 1992/1938, art. 2; s. 24 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)An appeal on a question of law shall lie to the appropriate court from any decision of a Child Support Commissioner.
(2)No such appeal may be brought except—
(a)with leave of the Child Support Commissioner who gave the decision or, where regulations made by the Lord Chancellor so provide, of a Child Support Commissioner selected in accordance with the regulations; or
(b)if the Child Support Commissioner refuses leave, with the leave of the appropriate court.
(3)An application for leave to appeal under this section against a decision of a Child Support Commissioner (“the appeal decision”) may only be made by—
(a)a person who was a party to the proceedings in which the original decision, or appeal decision, was given;
[F152(aa)the Commission;]
(b)the Secretary of State; or
(c)any other person who is authorised to do so by regulations made by the Lord Chancellor.
[F153(3A)The Child Support Commissioner to whom an application for leave to appeal under this section is made shall specify as the appropriate court either the Court of Appeal or the Court of Session.
(3B)In determining the appropriate court, the Child Support Commissioner shall have regard to the circumstances of the case, and in particular the convenience of the persons who may be parties to the appeal.]
(4)In this section—
“appropriate court”[F154, except in subsections (3A) and (3B), means the court specified in accordance with those subsections]; and
“original decision” means the decision to which the appeal decision in question relates.
(5)The Lord Chancellor may by regulations make provision with respect to—
(a)the manner in which and the time within which applications must be made to a Child Support Commissioner for leave under this section; and
(b)the procedure for dealing with such applications.
(6)Before making any regulations under subsection (2), (3) or (5), the Lord Chancellor shall consult the Lord Advocate.
Textual Amendments
F152S. 25(3)(aa) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 17; S.I. 2008/2675, art. 3(b)
F153S. 25(3A)(3B) inserted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 8(1); S.I. 1995/2302, art. 2, Sch. Pt. 1
F154Words in s. 25(4) substituted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 8(2); S.I. 1995/2302, art. 2, Sch. Pt. 1
Modifications etc. (not altering text)
C41S. 25: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C42S. 25(6) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12
C43S. 25(6): transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)
Commencement Information
I9S. 25 wholly in force; s. 25 not in force at Royal Assent see s. 58(2); s. 25(2)(a)(3)(c)(5)(6) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 25 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)Where a person who is alleged to be a parent of the child with respect to whom an application for a [F3maintenance calculation] has been made F155... (“the alleged parent”) denies that he is one of the child’s parents, [F156the [F157Commission]] shall not make a [F3maintenance calculation] on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).
(2)The Cases are —
[F158Case A1
Where—
the child is habitually resident in England and Wales;
the [F157Commission] is satisfied that the alleged parent was married to the child’s mother at some time in the period beginning with the conception and ending with the birth of the child; and
the child has not been adopted.
Case A2
Where—
the child is habitually resident in England and Wales;
the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and
the child has not subsequently been adopted.
Case A3
Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—
refuses to take such a test; or
has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child.]
Case A
Where the alleged parent is a parent of the child in question by virtue of having adopted him.
Case B
Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the M8Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors).
[F159Case B1
Where the [F157Commission] is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of that Act (meaning of “mother” and of “father” respectively).]
Case C
Where—
either—
a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section [F16055A or] 56 of the M9Family Law Act 1986 [F161or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] (declarations of parentage); or
a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and
the child has not subsequently been adopted.
Case D
F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Case E
Where—
Case F
Where—
the alleged parent has been found, or adjudged, to be the father of the child in question—
in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the M11Civil Evidence Act 1968 [F164or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971]; or
in affiliation proceedings before any court in the United Kingdom,
(whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and
the child has not subsequently been adopted.
(3)In this section—
“adopted” means adopted within the meaning of Part IV of the M12Adoption Act 1976 [F165or Chapter 4 of Part 1 of the Adoption and Children Act 2002] or, in relation to Scotland, Part IV of the M13Adoption (Scotland) Act 1978; and
“affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.
Textual Amendments
F3Words 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.
F155Words in s. 26(1) 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)
F156Words in s. 26(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 31(1); S.I. 1999/1510, art. 2(g)(iii)
F157Word in s. 26 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 18; S.I. 2008/2675, art. 3(b) (with art. 4)
F158Words in s. 26(2) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 15(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)
F159Words in s. 26(2) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 15(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)
F160Words in s. 26(2) inserted (1.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(d)(2), Sch. 8 para. 12 (with s. 83(6)); S.I. 2001/774, art. 2
F161Words in s. 26(2) inserted (4.11.1996) by The Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/756), arts. 1(2), 13(a) (with art. 16); S.R. 1996/297, art. 3
F162Words in s. 26(2) repealed (1.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. 9 (with s. 83(6)); S.I. 2001/774, art. 2(d)
F163Words in s. 26(2) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 31(2); S.I. 1999/1510, art. 2(g)(iii)
F164Words in s. 26(2) inserted (4.11.1996) by The Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/756), arts. 1(2), 13(b) (with art. 16); S.R. 1996/297, art. 3
F165Words in s. 26(3) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 81 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3))
Marginal Citations
(1)This section applies where—
(a)an application for a maintenance calculation has been made F167... , or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made F167... ;
(b)the [F168Commission] is not satisfied that the case falls within one of those set out in section 26(2); and
(c)the [F168Commission] or the person with care makes an application for a declaration under section 55A of the Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.
(2)Where this section applies—
(a)if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and
(b)if it is the [F168Commission] who makes the application, that subsection shall not apply.
(3)This section does not apply to Scotland.]
Textual Amendments
F166S. 27 substituted (1.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(d)(2), Sch. 8 para. 13 (with s. 83(6)); S.I. 2001/774, art. 2
F167Words in s. 27(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)
F168Word in s. 27 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 19; S.I. 2008/2675, art. 3(b) (with art. 4)
(1)This section applies in any case where—
(a)an application for a [F3maintenance calculation] has been made F170... or a [F3maintenance calculation] is in force;
(b)scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or [F1calculation] is made F171... ;
(c)the results of the tests do not exclude the alleged parent from being one of the child’s parents; and
(d)one of the conditions set out in subsection (2) is satisfied.
(2)The conditions are that—
(a)the alleged parent does not deny that he is one of the child’s parents;
(b)in proceedings under [F172section 55A of the Family Law Act 1986], a court has made a declaration that the alleged parent is a parent of the child in question; or
(c)in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the [F173Commission] by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.
(3)In any case to which this section applies, any fee paid by the [F173Commission] in connection with scientific tests may be recovered by [F174it] from the alleged parent as a debt due to the Crown.
(4)In this section—
“bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;
“direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);
“request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); and
“scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.
(5)Any sum recovered by the [F173Commission] under this section shall be paid by [F174it] into the Consolidated Fund.]
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.
F3Words 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.
F169S. 27A inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 21, 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F170Words in s. 27A(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)
F171Words in s. 27A(1)(b) 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)
F172Words in s. 27A(2)(b) substituted (1.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(d)(2), Sch. 8 para. 14 (with s. 83(6)); S.I. 2001/774, art. 2
F173Word in s. 27A substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 20(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F174Word in s. 27A substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 20(b); S.I. 2008/2675, art. 3(b) (with art. 4)
[F176(1)Subsection (1A) applies in any case where—
(a)an application for a [F3maintenance calculation] has been made F177... , or a [F3maintenance calculation] is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application [F178was made F177... or the calculation was made]; and
(b)[F179the [F175Commission]] is not satisfied that the case falls within one of those set out in section 26(2).
(1A)In any case where this subsection applies, the [F175Commission] may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.]
(2)The [F175Commission] may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a [F3maintenance calculation] [F180or in a [F3maintenance calculation] which is in force].
(3)This section applies to Scotland only.
Textual Amendments
F3Words 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.
F175Word in s. 28 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 21; S.I. 2008/2675, art. 3(b) (with art. 4)
F176S. 28(1)(1A) substituted for s. 28(1) (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(6), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F177Words in s. 28(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)
F178Words in s. 28(1)(a) substituted (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(10)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F179Words in s. 28(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 33; S.I. 1999/1510, art. 2(g)(iii)
F180Words in s. 28(2) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
Textual Amendments
F181Ss. 28ZA, 28ZB and cross-heading inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 43, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)
(1)This section applies where—
(a)a decision by the [F182Commission] falls to be made under section 11, 12, 16 or 17 F183... ; and
[F184(b)an appeal is pending against a decision given in relation to a different matter by a Child Support Commissioner or a court.]
(2)If the [F182Commission] considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—
(a)[F185it] need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;
(b)[F185it] may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
(3)Where the [F182Commission] acts in accordance with subsection (2)(b), following the determination of the appeal [F185it] shall if appropriate revise [F186its] decision (under section 16) in accordance with that determination.
(4)For the purposes of this section, an appeal against a decision is pending if—
(a)an appeal against the decision has been brought but not determined;
(b)an application for leave to appeal against the decision has been made but not determined; or
(c)in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
(5)In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—
(a)an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
(b)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
Textual Amendments
F182Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(a); S.I. 2008/2675, art. 3(b)
F183Words in s. 28ZA(1)(a) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F184S. 28ZA(1)(b) substituted (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(11)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F185Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(b); S.I. 2008/2675, art. 3(b)
F186Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(c); S.I. 2008/2675, art. 3(b)
(1)This section applies where—
[F187(a)an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner;] and
(b)an appeal (“appeal B”) is pending against a decision given in a different case by a Child Support Commissioner or a court.
(2)If the [F188Commission] considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, [F189the Commission] may serve notice requiring the tribunal or Child Support Commissioner—
(a)not to determine appeal A but to refer it to [F190the Commission]; or
(b)to deal with the appeal in accordance with subsection (4).
(3)Where appeal A is referred to the [F188Commission] under subsection (2)(a), following the determination of appeal B and in accordance with that determination, [F189the Commission] shall if appropriate—
(a)in a case where appeal A has not been determined by the tribunal, revise (under section 16) [F191its] decision which gave rise to that appeal; or
(b)in a case where appeal A has been determined by the tribunal, make a decision (under section 17) superseding the tribunal’s decision.
(4)Where appeal A is to be dealt with in accordance with this subsection, the appeal tribunal or Child Support Commissioner shall either—
(a)stay appeal A until appeal B is determined; or
(b)if the tribunal or Child Support Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if—
(i)appeal B had already been determined; and
(ii)the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.
In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision [F192or the imposition of the requirement] mentioned in subsection (1)(a).
(5)Where the appeal tribunal or Child Support Commissioner acts in accordance with subsection (4)(b), following the determination of appeal B the [F188Commission] shall, if appropriate, make a decision (under section 17) superseding the decision of the tribunal or Child Support Commissioner in accordance with that determination.
(6)For the purposes of this section, an appeal against a decision is pending if—
(a)an appeal against the decision has been brought but not determined;
(b)an application for leave to appeal against the decision has been made but not determined; or
(c)in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
(7)In this section—
(a)the reference in subsection (1)(a) to an appeal to a Child Support Commissioner includes a reference to an application for leave to appeal to a Child Support Commissioner; and
(b)any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—
(i)an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
(ii)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
(8)Regulations may make provision supplementing that made by this section.]
Textual Amendments
F187S. 28ZB(1)(a) substituted (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(12)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F188Word in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(a); S.I. 2008/2675, art. 3(b)
F189Words in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(b); S.I. 2008/2675, art. 3(b)
F190Words in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(c); S.I. 2008/2675, art. 3(b)
F191Word in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(d); S.I. 2008/2675, art. 3(b)
F192Words in s. 28ZB(4) substituted (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(12)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Textual Amendments
F193Ss. 28ZC, 28ZD and cross-heading inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 44, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)
(1)Subject to subsection (2), this section applies where—
(a)the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and
(b)after the date of the relevant determination a decision falls to be made by the [F194Commission] in accordance with that determination (or would, apart from this section, fall to be so made)—
(i)with respect to an application for a [F3maintenance calculation] (made after the commencement date) F195... ;
(ii)as to whether to revise, under section 16, [F196any decision (made after the commencement date) referred to in section 16(1A)]; or
(iii)on an application under section 17 (made after the commencement date) for [F197any decision (made after the commencement date) referred to in section 17(1)].
(2)This section does not apply where the decision of the [F194Commission] mentioned in subsection (1)(b)—
(a)is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or
(b)is one made in pursuance of section 28ZB(3) or (5).
(3)In so far as the decision relates to a person’s liability F198... in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the Commissioner or court not to have been erroneous in point of law.
(4)Subsection (1)(a) shall be read as including a case where—
(a)the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
(b)the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
(5)It is immaterial for the purposes of subsection (1)—
(a)where such a decision as is mentioned in paragraph (b)(i) falls to be made; or
(b)where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,
whether the application was made before or after the date of the relevant determination.
(6)In this section—
“adjudicating authority” means the [F194Commission], or a child support officer [F199or, in the case of a decision made on a referral under section 28D(1)(b), an appeal tribunal];
“the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and
“the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the House of Lords or the Court of Justice of the European Community.
(7)The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.
(8)Regulations made under subsection (7) may include provision—
(a)for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or a Child Support Commissioner; or
(b)for a determination of a lower court or a Child Support Commissioner to be treated as if it had been made on the date of a determination of a higher court.
Textual Amendments
F3Words 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.
F194Word in s. 28ZC substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 24; S.I. 2008/2675, art. 3(b)
F195Words in s. 28ZC(1)(b)(i) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F196Words in s. 28ZC(1)(b)(ii) substituted (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(13)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F197Words in s. 28ZC(1)(b)(iii) substituted (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(13)(c) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F198Words in s. 28ZC(3) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)
F199Words in s. 28ZC(6) 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(13)(e) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
(1)Regulations may make provision with respect to—
(a)the correction of accidental errors in any decision or record of a decision given under this Act; and
(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
(i)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or
(ii)a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.
(2)Nothing in subsection (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.]
Textual Amendments
F200Ss. 28A-28C substituted for ss. 28A-28C (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 5(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
(1)Where an application for a maintenance calculation is made under section 4 or 7 F201... the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned may apply to the [F202Commission] for the rules by which the calculation is made to be varied in accordance with this Act.
(2)Such an application is referred to in this Act as an “application for a variation”.
(3)An application for a variation may be made at any time before the [F202Commission] has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation F203... .
(4)A person who applies for a variation—
(a)need not make the application in writing unless the [F202Commission] directs in any case that he must; and
(b)must say upon what grounds the application is made.
(5)In other respects an application for a variation is to be made in such manner as may be prescribed.
(6)Schedule 4A has effect in relation to applications for a variation.]
Textual Amendments
F201Words in s. 28A(1) 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)
F202Word in s. 28A substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 25; S.I. 2008/2675, art. 3(b) (with art. 4)
F203Words in s. 28A(3) 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)
Modifications etc. (not altering text)
C44S. 28A modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 3
(1)Where an application for a variation has been duly made to the [F204Commission], [F205it] may give it a preliminary consideration.
(2)Where [F206the Commission] does so [F207it] may, on completing the preliminary consideration, reject the application (and proceed to make [F208its] decision on the application for a maintenance calculation without any variation) if it appears to [F209the Commission]—
(a)that there are no grounds on which [F207it] could agree to a variation;
(b)that [F207it] has insufficient information to make a decision on the application for the maintenance calculation under section 11 (apart from any information needed in relation to the application for a variation), and therefore that [F208its] decision would be made under section 12(1); or
(c)that other prescribed circumstances apply.]
Textual Amendments
F204Word in s. 28B(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(2)(a); S.I. 2008/2675, art. 3(b)
F205Word in s. 28B(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(2)(b); S.I. 2008/2675, art. 3(b)
F206Words in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(a); S.I. 2008/2675, art. 3(b)
F207Word in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(b); S.I. 2008/2675, art. 3(b)
F208Word in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(c); S.I. 2008/2675, art. 3(b)
F209Words in s. 28B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 26(3)(d); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C45S. 28B modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 4
(1)Where—
(a)an application for a variation is made by the non-resident parent; and
(b)the [F210Commission] makes an interim maintenance decision,
the [F210Commission] may also, if [F211it] has completed [F212its] preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).
(2)The conditions are that—
(a)the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;
(b)the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.
(3)Where the [F213Commission] imposes a regular payments condition, [F214it] shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—
(a)the non-resident parent;
(b)all the persons with care concerned; and
(c)if the application for the maintenance calculation was made under section 7, the child who made the application.
(4)A regular payments condition shall cease to have effect—
(a)when the [F213Commission] has made a decision on the application for a maintenance calculation under section 11 (whether [F214it] agrees to a variation or not);
(b)on the withdrawal of the application for a variation.
(5)Where a non-resident parent has failed to comply with a regular payments condition, the [F213Commission] may in prescribed circumstances refuse to consider the application for a variation, and instead reach [F215its] decision under section 11 as if no such application had been made.
(6)The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the [F213Commission].
(7)Where the [F213Commission] determines that a non-resident parent has failed to comply with a regular payments condition [F214it] shall give written notice of [F215its] determination to—
(a)that parent;
(b)all the persons with care concerned; and
(c)if the application for the maintenance calculation was made under section 7, the child who made the application.]
Textual Amendments
F210Word in s. 28C(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(a); S.I. 2008/2675, art. 3(b)
F211Word in s. 28C(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(b); S.I. 2008/2675, art. 3(b)
F212Word in s. 28C(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(c); S.I. 2008/2675, art. 3(b)
F213Word in s. 28C(3)-(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(a); S.I. 2008/2675, art. 3(b)
F214Word in s. 28C(3)(4)(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(b); S.I. 2008/2675, art. 3(b)
F215Word in s. 28C(5)(7) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 27(c); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C46S. 28C modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 5
[F217(1)Where an application for a variation has not failed, the [F218Commission] shall, in accordance with the relevant provisions of, or made under, this Act—
(a)either agree or not to a variation, and make a decision under section 11 or 12(1); or
(b)refer the application to an appeal tribunal for the tribunal to determine what variation, if any, is to be made.]
(2)For the purposes of subsection (1), [F219an application for a variation] has failed if—
(a)it has F220... been withdrawn; or
(b)the [F218Commission] has rejected it on completing a preliminary consideration under section 28B; [F221or]
[F221(c)the [F218Commission] has refused to consider it under section 28C(5).]
(3)In dealing with [F219an application for a variation] which has been referred to it under subsection (1)(b), [F222an appeal tribunal] shall have the same powers, and be subject to the same duties, as would the [F218Commission] if [F223it] were dealing with the application.]
Textual Amendments
F216S. 28D inserted (2.12.1996) by Child Support Act 1995 (c. 34), ss. 4, 30(4); S.I. 1996/2630, art. 2, Sch. Pt. 2
F217S. 28D(1) 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. 5(3)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F218Word in s. 28D substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 28(a); S.I. 2008/2675, art. 3(b)
F219Words in s. 28D(2)(3) 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. 5(3)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F220Words in s. 28D(2)(a) repealed (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 5(3)(c), 86(1)(a)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F221S. 28D(2)(c) and preceding word inserted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 5(3)(c), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F222Words in s. 28D(1)(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 36; S.I. 1999/1510, art. 2(g)(iii)
F223Word in s. 28D substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 28(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C47S. 28D modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 6(1)
(1)In determining [F225whether to agree to a variation], the [F226Commission] shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.
(2)The general principles are that—
(a)parents should be responsible for maintaining their children whenever they can afford to do so;
(b)where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.
(3)In determining [F225whether to agree to a variation], the [F226Commission] shall take into account any representations made to [F227it]—
(a)by the person with care or [F2non-resident parent] concerned; or
(b)where the application for the current [F1calculation] was made under section 7, by either of them or the child concerned.
(4)In determining [F225whether to agree to a variation], no account shall be taken of the fact that—
(a)any part of the income of the person with care concerned is, or would be if [F228the [F226Commission] agreed to a variation], derived from any benefit; or
(b)some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.
(5)In this section “benefit” has such meaning as may be prescribed.]
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.
F2Words 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.
F224S. 28E inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), ss. 5, 30(4); S.I. 1996/2630, art. 2, Sch. Pts. 1, 2
F225Words in s. 28E(1)(3)(4) 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. 5(4)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F226Word in s. 28E substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 29(a); S.I. 2008/2675, art. 3(b)
F227Word in s. 28E substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 29(b); S.I. 2008/2675, art. 3(b)
F228Words in s. 28E(4)(a) 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. 5(4)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Modifications etc. (not altering text)
C48S. 28E modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 6(2)
(1)The [F230Commission] may agree to a variation if—
(a)[F231it] is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and
(b)it is [F232its] opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.
(2)In considering whether it would be just and equitable in any case to agree to a variation, the [F230Commission]—
(a)must have regard, in particular, to the welfare of any child likely to be affected if [F231it] did agree to a variation; and
(b)must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.
(3)The [F230Commission] shall not agree to a variation (and shall proceed to make [F232its] decision on the application for a maintenance calculation without any variation) if [F231it] is satisfied that—
(a)[F231it] has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that [F232its] decision would be made under section 12(1); or
(b)other prescribed circumstances apply.
(4)Where the [F230Commission] agrees to a variation, [F231it] shall—
(a)determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation F233... ; and
(b)make a decision under section 11 on that basis.
(5)If the [F230Commission] has made an interim maintenance decision, it is to be treated as having been replaced by [F232its] decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.
(6)In determining whether or not to agree to a variation, the [F230Commission] shall comply with regulations made under Part II of Schedule 4B.]
Textual Amendments
F229S. 28F 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. 5(5), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F230Word in s. 28F substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 30(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F231Word in s. 28F substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 30(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F232Word in s. 28F substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 30(c); S.I. 2008/2675, art. 3(b) (with art. 4)
F233Words in s. 28F(4)(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)
Modifications etc. (not altering text)
C49S. 28F modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 7
(1)An application for a variation may also be made when a maintenance calculation is in force.
(2)The Secretary of State may by regulations provide for—
(a)sections 16, 17 and 20; and
(b)sections 28A to 28F and Schedules 4A and 4B,
to apply with prescribed modifications in relation to such applications.
(3)The Secretary of State may by regulations provide that, in prescribed cases (or except in prescribed cases), a decision under section 17 made otherwise than pursuant to an application for a variation may be made on the basis of a variation agreed to for the purposes of an earlier decision without a new application for a variation having to be made.]
Textual Amendments
F234S. 28G substituted (10.11.2000 for specified purposes, 1.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 7, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pts. 1, 2; S.I. 2003/192, art. 3, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F235S. 28H repealed (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(14), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F236S. 28I repealed (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(14), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Textual Amendments
F237S. 28J and cross-heading inserted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 20(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 5
(1)This section applies where—
(a)a person has applied for a maintenance calculation under section 4(1) or 7(1) F238... ;
(b)the [F239Commission] has neither made a decision under section 11 or 12 on the application, nor decided not to make a maintenance calculation; and
(c)the non-resident parent makes a voluntary payment.
(2)A “voluntary payment” is a payment—
(a)on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the [F239Commission] has agreed to give); and
(b)made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the [F239Commission] has notified the non-resident parent that [F240it] has decided not to make a maintenance calculation.
(3)In such circumstances and to such extent as may be prescribed—
(a)the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;
(b)the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.
(4)A voluntary payment shall be made to the [F239Commission] unless [F240it] agrees, on such conditions as [F240it] may specify, that it may be made to the person with care, or to or through another person.
(5)The Secretary of State may by regulations make provision as to voluntary payments, and the regulations may in particular—
(a)prescribe what payments or descriptions of payment are, or are not, to count as “voluntary payments”;
(b)prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.]
Textual Amendments
F238Words in s. 28J(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)
F239Words in s. 28J(1)(2)(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 31(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F240Words in s. 28J(2)(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 31(b); S.I. 2008/2675, art. 3(b) (with art. 4)
(1)The [F241Commission] may arrange for the collection of any child support maintenance payable in accordance with a [F3maintenance calculation] where—
F242(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an application has been made to the [F241Commission] under section 4(2) or 7(3) for [F243it] to arrange for its collection.
(2)Where a [F3maintenance calculation] is made under this Act, payments of child support maintenance under the [F1calculation] 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 [F244Commission]; or
(iii)to, or through, such other person as the [F244Commission] may, from time to time, specify;
(b)as to the method by which payments of child support maintenance are to be made;
(c)as to the intervals at which such payments are to be made;
(d)as to the method and timing of the transmission of payments which are made, to or through the [F244Commission] or any other person, in accordance with the regulations;
(e)empowering the [F244Commission] to direct any person liable to make payments in accordance with the [F1calculation]—
(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 [F1calculation] 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.
[F245(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
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.
F3Words 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.
F241Word in s. 29(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 32(2)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F242S. 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)
F243Word in s. 29(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 32(2)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F244Word in s. 29(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 32(3); S.I. 2008/2675, art. 3(b) (with art. 4)
F245S. 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)
C50S. 29 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2
C51Ss. 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))
C52S. 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
Commencement Information
I10S. 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
(1)Where the [F246Commission] is arranging for the collection of any payments under section 29 or subsection (2), [F247it] may also arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable to or for the benefit of any person who falls within a prescribed category.
[F248(2)The [F246Commission] may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though [F247it] is not arranging for the collection of child support maintenance with respect to that child.]
(3)Where—
(a)the [F246Commission] is arranging, under this Act, for the collection of different payments (“the payments”) from the same [F2non-resident parent];
(b)an amount is collected by the [F246Commission] from the [F2non-resident parent] which is less than the total amount due in respect of the payments; and
(c)the [F2non-resident parent] has not stipulated how that amount is to be allocated by the [F246Commission] as between the payments,
the [F246Commission] may allocate that amount as [F247it] sees fit.
(4)In relation to England and Wales, the Secretary of State may by regulations make provision for sections 29 and 31 to 40 to apply, with such modifications (if any) as he considers necessary or expedient, for the purpose of enabling [F249the Commission] to enforce any obligation to pay any amount which [F250it] is authorised to collect under this section.
(5)In relation to Scotland, the Secretary of State may by regulations make provision for the purpose of enabling [F251the Commission] to enforce any obligation to pay any amount which [F252it] is authorised to collect under this section—
(a)empowering [F251the Commission] to bring any proceedings or take any other steps (other than diligence against earnings) which could have been brought or taken by or on behalf of the person to whom the periodical payments are payable;
(b)applying sections 29, 31 and 32 with such modifications (if any) as he considers necessary or expedient.
Textual Amendments
F2Words 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.
F246Word in s. 30(1)(2)(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 33(2)(a); S.I. 2008/2675, art. 3(b)
F247Word in s. 30(1)(2)(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 33(2)(b); S.I. 2008/2675, art. 3(b)
F248S. 30(2) substituted (3.3.2003) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(15) (with s. 83(6)); S.I. 2003/192, art. 7
F249Words in s. 30(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 33(3)(a); S.I. 2008/2675, art. 3(b)
F250Word in s. 30(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 33(3)(b); S.I. 2008/2675, art. 3(b)
F251Words in s. 30(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 33(4)(a); S.I. 2008/2675, art. 3(b)
F252Word in s. 30(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 33(4)(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C53S. 30 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2
Commencement Information
I11S. 30 partly in force; s. 30 not in force at Royal Assent see s. 58(2); s. 30(1)(4)(5) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 30(3) in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.
(2)The [F253Commission] may make an order (“a deduction from earnings order”) against a liable person to secure the payment of any amount due under the [F3maintenance calculation] in question.
(3)A deduction from earnings order may be made so as to secure the payment of—
(a)arrears of child support maintenance payable under the [F1calculation];
(b)amounts of child support maintenance which will become due under the [F1calculation]; or
(c)both such arrears and such future amounts.
(4)A deduction from earnings order—
(a)shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and
(b)shall have effect from such date as may be specified in the order.
(5)A deduction from earnings order shall operate as an instruction to the employer to—
(a)make deductions from the liable person’s earnings; and
(b)pay the amounts deducted to the [F253Commission].
(6)The [F253Commission] shall serve a copy of any deduction from earnings order which [F254it] makes under this section on—
(a)the person who appears to the [F253Commission] to have the liable person in question in his employment; and
(b)the liable person.
(7)Where—
(a)a deduction from earnings order has been made; and
(b)a copy of the order has been served on the liable person’s employer,
it shall be the duty of that employer to comply with the order; but he shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the date on which the copy was served on him.
(8)In this section and in section 32 “earnings” has such meaning as may be prescribed.
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.
F3Words 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.
F253Word in s. 31 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 34(a); S.I. 2008/2675, art. 3(b)
F254Word in s. 31(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 34(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C54S. 31 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3; s. 31 applied (with modifications) (S.) (5.4.1993) by S.I. 1992/2643, reg.4
Commencement Information
I12S. 31 wholly in force; s. 31 not in force at Royal Assent see s. 58(2); s. 31(8) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 31 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)The Secretary of State may by regulations make provision with respect to deduction from earnings orders.
(2)The regulations may, in particular, make provision—
(a)as to the circumstances in which one person is to be treated as employed by another;
(b)requiring any deduction from earnings under an order to be made in the prescribed manner;
[F255(bb)for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);]
(c)requiring an order to specify the amount or amounts to which the order relates and the amount or amounts which are to be deducted from the liable person’s earnings in order to meet his liabilities under the [F3maintenance calculation] in question;
(d)requiring the intervals between deductions to be made under an order to be specified in the order;
(e)as to the payment of sums deducted under an order to the [F256Commission];
(f)allowing the person who deducts and pays any amount under an order to deduct from the liable person’s earnings a prescribed sum towards his administrative costs;
(g)with respect to the notification to be given to the liable person of amounts deducted, and amounts paid, under the order;
(h)requiring any person on whom a copy of an order is served to notify the [F256Commission] in the prescribed manner and within a prescribed period if he does not have the liable person in his employment or if the liable person ceases to be in his employment;
(i)as to the operation of an order where the liable person is in the employment of the Crown;
(j)for the variation of orders;
(k)similar to that made by section 31(7), in relation to any variation of an order;
(l)for an order to lapse when the employer concerned ceases to have the liable person in his employment;
(m)as to the revival of an order in such circumstances as may be prescribed;
(n)allowing or requiring an order to be discharged;
(o)as to the giving of notice by the [F256Commission] to the employer concerned that an order has lapsed or has ceased to have effect.
(3)The regulations may include provision that while a deduction from earnings order is in force—
(a)the liable person shall from time to time notify the [F256Commission], in the prescribed manner and within a prescribed period, of each occasion on which he leaves any employment or becomes employed, or re-employed, and shall include in such a notification a statement of his earnings and expected earnings from the employment concerned and of such other matters as may be prescribed;
(b)any person who becomes the liable person’s employer and knows that the order is in force shall notify the [F256Commission], in the prescribed manner and within a prescribed period, that he is the liable person’s employer, and shall include in such a notification a statement of the liable person’s earnings and expected earnings from the employment concerned and of such other matters as may be prescribed.
(4)The regulations may include provision with respect to the priority as between a deduction from earnings order and—
(a)any other deduction from earnings order;
(b)any order under any other enactment relating to England and Wales which provides for deductions from the liable person’s earnings;
(c)any diligence against earnings.
(5)The regulations may include a provision that a liable person may appeal to a magistrates’ court (or in Scotland to the sheriff) if he is aggrieved by the making of a deduction from earnings order against him, or by the terms of any such order, or there is a dispute as to whether payments constitute earnings or as to any other prescribed matter relating to the order.
(6)On an appeal under subsection (5) the court or (as the case may be) the sheriff shall not question the [F3maintenance calculation] by reference to which the deduction from earnings order was made.
(7)Regulations made by virtue of subsection (5) may include provision as to the powers of a magistrates’ court, or in Scotland of the sheriff, in relation to an appeal (which may include provision as to the quashing of a deduction from earnings order or the variation of the terms of such an order).
(8)If any person fails to comply with the requirements of a deduction from earnings order, or with any regulation under this section which is designated for the purposes of this subsection, he shall be guilty of an offence.
(9)In subsection (8) “designated” means designated by the regulations.
(10)It shall be a defence for a person charged with an offence under subsection (8) to prove that he took all reasonable steps to comply with the requirements in question.
(11)Any person guilty of an offence under subsection (8) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.
Textual Amendments
F3Words 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.
F255S. 32(2)(bb) inserted (3.3.2003 for specified purposes, 26.9.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(16) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.; S.I. 2008/2545, art. 3(a)(b)
F256Word in s. 32(2)(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 35; S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C55S. 32 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3; s. 32 applied (with modifications) (S.) (5.4.1993) by S.I. 1992/2643, reg.4
Commencement Information
I13S. 32 wholly in force; s. 32 not in force at Royal Assent see s. 58(2); s. 32(1)-(5)(7)-(9) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 32 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)This section applies where—
(a)a person who is liable to make payments of child support maintenance (“the liable person”) fails to make one or more of those payments; and
(b)it appears to the [F257Commission] that—
(i)it is inappropriate to make a deduction from earnings order against him (because, for example, he is not employed); or
(ii)although such an order has been made against him, it has proved ineffective as a means of securing that payments are made in accordance with the [F3maintenance calculation] in question.
(2)The [F257Commission] may apply to a magistrates’ court or, in Scotland, to the sheriff for an order (“a liability order”) against the liable person.
(3)Where the [F257Commission] applies for a liability order, the magistrates’ court or (as the case may be) sheriff shall make the order if satisfied that the payments in question have become payable by the liable person and have not been paid.
(4)On an application under subsection (2), the court or (as the case may be) the sheriff shall not question the [F3maintenance calculation] under which the payments of child support maintenance fell to be made.
[F258(5)If the [F257Commission] designates a liability order for the purposes of this subsection it shall be treated as a judgment entered in a county court for the purposes of [F259section 98 of the Courts Act 2003 (register of judgments and orders etc)].]
[F260(6)Where regulations have been made under section 29(3)(a)—
(a)the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and
(b)a payment is not paid (for the purposes of subsection (3)),
unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.]
Textual Amendments
F3Words 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.
F257Word in s. 33 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 36; S.I. 2008/2675, art. 3(b)
F258S. 33(5) added (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 10; S.I. 1995/2302, art. 2, Sch. Pt. 1
F259Words in s. 33(5) substituted (6.4.2006) by The Courts Act 2003 (Consequential Amendment) Order 2006 (S.I. 2006/1001), arts. 1(1), 2
F260S. 33(6) inserted (1.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(17) (with s. 83(6)); S.I. 2000/2994, art. 2(3)
Modifications etc. (not altering text)
C51Ss. 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))
C56S. 33 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
(1)The Secretary of State may make regulations in relation to England and Wales—
(a)prescribing the procedure to be followed in dealing with an application by the [F261Commission] for a liability order;
(b)prescribing the form and contents of a liability order; and
(c)providing that where a magistrates’ court has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the [F262Commission].
(2)In subsection (1) “relevant information” means any information of a prescribed description which is in the possession of the liable person and which the [F263Commission] has asked him to supply.
Textual Amendments
F261Word in s. 34(1)(a) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 37; S.I. 2008/2675, art. 3(b)
F262Word in s. 34(1)(c) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 37; S.I. 2008/2675, art. 3(b)
F263Word in s. 34(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 37; S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C57S. 34 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
Commencement Information
I14S. 34 partly in force; s. 34 not in force at Royal Assent see s. 58(2); s. 34(1) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.
(1)Where a liability order has been made against a person (“the liable person”), the [F264Commission] may levy the appropriate amount by distress and sale of the liable person’s goods.
(2)In subsection (1), “the appropriate amount” means the aggregate of—
(a)the amount in respect of which the order was made, to the extent that it remains unpaid; and
(b)an amount, determined in such manner as may be prescribed, in respect of the charges connected with the distress.
(3)The [F265Commission] may, in exercising [F266its] powers under subsection (1) against the liable person’s goods, seize—
(a)any of the liable person’s goods except—
(i)such tools, books, vehicles and other items of equipment as are necessary to him for use personally by him in his employment, business or vocation;
(ii)such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying his basic domestic needs; and
(b)any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the liable person.
(4)For the purposes of subsection (3), the liable person’s domestic needs shall be taken to include those of any member of his family with whom he resides.
(5)No person levying a distress under this section shall be taken to be a trespasser—
(a)on that account; or
(b)from the beginning, on account of any subsequent irregularity in levying the distress.
(6)A person sustaining special damage by reason of any irregularity in levying a distress under this section may recover full satisfaction for the damage (and no more) by proceedings in trespass or otherwise.
(7)The Secretary of State may make regulations supplementing the provisions of this section.
(8)The regulations may, in particular—
(a)provide that a distress under this section may be levied anywhere in England and Wales;
(b)provide that such a distress shall not be deemed unlawful on account of any defect or want of form in the liability order;
(c)provide for an appeal to a magistrates’ court by any person aggrieved by the levying of, or an attempt to levy, a distress under this section;
(d)make provision as to the powers of the court on an appeal (which may include provision as to the discharge of goods distrained or the payment of compensation in respect of goods distrained and sold).
Textual Amendments
F264Word in s. 35(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 38(2); S.I. 2008/2675, art. 3(b)
F265Word in s. 35(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 38(3)(a); S.I. 2008/2675, art. 3(b)
F266Word in s. 35(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 38(3)(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C58S. 35 applied (with modifications) (5.4.1993) by S.I. 1992/2643, reg.3
C59S. 35 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)
Commencement Information
I15S. 35 wholly in force; s. 35 not in force at Royal Assent see s. 58(2); s. 35(2)(b)(7)(8) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 35 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)Where a liability order has been made against a person, the amount in respect of which the order was made, to the extent that it remains unpaid, shall, if a county court so orders, be recoverable by means of garnishee proceedings or a charging order, as if it were payable under a county court order.
(2)In subsection (1) “charging order” has the same meaning as in section 1 of the M14Charging Orders Act 1979.
Modifications etc. (not altering text)
C51Ss. 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))
C60S. 36 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
C61S. 36 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)
Marginal Citations
(1)Section 34(1) does not apply to Scotland.
(2)In Scotland, the Secretary of State may make regulations providing that where the sheriff has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the [F267Commission].
(3)In this section “relevant information” has the same meaning as in section 34(2).
Textual Amendments
F267Word in s. 37(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 39; S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C62S. 37 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
Commencement Information
I16S. 37 partly in force; s. 37 not in force at Royal Assent see s. 58(2); s. 37(1) in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)In Scotland, where a liability order has been made against a person, the order shall be warrant anywhere in Scotland—
(a)for the [F268Commission] to charge the person to pay the appropriate amount and to recover that amount by [F269an attachment] and, in connection therewith, for the opening of shut and lockfast places;
(b)for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,
and shall be apt to found a Bill of Inhibition or an action of adjudication at the instance of the [F270Commission].
(2)In subsection (1) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid.
Textual Amendments
F268Word in s. 38(1)(a) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 40(a); S.I. 2008/2675, art. 3(b)
F269Words in s. 38(1)(a) substituted (S.) (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 64(2), Sch. 3 para. 20 (with s. 63)
F270Words in s. 38(1) substituted (temp.) (1.11.2008) by virtue of Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 40(c); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C63S. 38 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
C64S. 38 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)
(1)The Secretary of State may by regulations provide for—
(a)any liability order made by a court in England and Wales; or
(b)any corresponding order made by a court in Northern Ireland,
to be enforced in Scotland as if it had been made by the sheriff.
(2)The power conferred on the Court of Session by section 32 of the M15Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in the sheriff court) shall extend to making provision for the registration in the sheriff court for enforcement of any such order as is referred to in subsection (1).
(3)The Secretary of State may by regulations make provision for, or in connection with, the enforcement in England and Wales of—
(a)any liability order made by the sheriff in Scotland; or
(b)any corresponding order made by a court in Northern Ireland,
as if it had been made by a magistrates’ court in England and Wales.
(4)Regulations under subsection (3) may, in particular, make provision for the registration of any such order as is referred to in that subsection in connection with its enforcement in England and Wales.
Modifications etc. (not altering text)
C51Ss. 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))
C65S. 39 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
Marginal Citations
(1)Where the [F272Commission] has sought—
(a)in England and Wales to levy an amount by distress under this Act; or
(b)to recover an amount by virtue of section 36 or 38,
and that amount, or any portion of it, remains unpaid [F273it] may apply to the court under this section.
(2)An application under this section is for whichever the court considers appropriate in all the circumstances of—
(a)the issue of a warrant committing the liable person to prison; or
(b)an order for him to be disqualified from holding or obtaining a driving licence.
(3)On any such application the court shall (in the presence of the liable person) inquire as to—
(a)whether he needs a driving licence to earn his living;
(b)his means; and
(c)whether there has been wilful refusal or culpable neglect on his part.
(4)The [F272Commission] may make representations to the court as to whether [F274it] thinks it more appropriate to commit the liable person to prison or to disqualify him from holding or obtaining a driving licence; and the liable person may reply to those representations.
(5)In this section and section 40B, “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.
(6)In this section “the court” means—
(a)in England and Wales, a magistrates’ court;
(b)in Scotland, the sheriff.]
Textual Amendments
F271S. 39A inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 16(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2
F272Word in s. 39A substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 41(a); S.I. 2008/2675, art. 3(b)
F273Word in s. 39A(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 41(b); S.I. 2008/2675, art. 3(b)
F274Word in s. 39A(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 41(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
F275(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F275(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person it may—
(a)issue a warrant of commitment against him; or
(b)fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as it thinks just.
(4)Any such warrant—
(a)shall be made in respect of an amount equal to the aggregate of—
(i)the amount mentioned in section 35(1) or so much of it as remains outstanding; and
(ii)an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of commitment; and
(b)shall state that amount.
(5)No warrant may be issued under this section against a person who is under the age of 18.
(6)A warrant issued under this section shall order the liable person—
(a)to be imprisoned for a specified period; but
(b)to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.
(7)The maximum period of imprisonment which may be imposed by virtue of subsection (6) shall be calculated in accordance with Schedule 4 to the M16Magistrates’ Courts Act 1980 (maximum periods of imprisonment in default of payment) but shall not exceed six weeks.
(8)The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued.
(9)A warrant issued under this section may be directed to such person or persons as the court issuing it thinks fit.
(10)Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a warrant issued under this section against a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.
(11)The Secretary of State may by regulations make provision—
(a)as to the form of any warrant issued under this section;
(b)allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;
(c)that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts stated;
(d)that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, a justice of the peace may issue a summons to him to appear before a magistrates’ court and (if he does not obey) may issue a warrant for his arrest;
(e)that for the purpose of enabling such an inquiry, a justice of the peace may issue a warrant for the liable person’s arrest without issuing a summons;
(f)as to the execution of a warrant for arrest.
[F276(12)This section does not apply to Scotland.]
Textual Amendments
F275S. 40(1)(2) repealed (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 16(2), 86(1)(a)(2), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2
F276S. 40(12) substituted for s. 40(12)-(14) (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 17(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2
Modifications etc. (not altering text)
C51Ss. 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))
C66S. 40 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
C67S. 40 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(5), 62(3); S.I. 2008/1476, art. 2(6)
C68S. 40 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)
Commencement Information
I17S. 40 wholly in force; s. 40 not in force at Royal Assent see s. 58(2); s. 40(4)(a)(ii)(8)(11) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 40 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
Marginal Citations
(1)If, but only if, the sheriff is satisfied that there has been wilful refusal or culpable neglect on the part of the liable person he may—
(a)issue a warrant for his committal to prison; or
(b)fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as he thinks just.
(2)A warrant under this section—
(a)shall be made in respect of an amount equal to the aggregate of—
(i)the appropriate amount under section 38; and
(ii)an amount (determined in accordance with regulations made by the Secretary of State) in respect of the expenses of commitment; and
(b)shall state that amount.
(3)No warrant may be issued under this section against a person who is under the age of 18.
(4)A warrant issued under this section shall order the liable person—
(a)to be imprisoned for a specified period; but
(b)to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.
(5)The maximum period of imprisonment which may be imposed by virtue of subsection (4) is six weeks.
(6)The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued.
(7)A warrant issued under this section may be directed to such person as the sheriff thinks fit.
(8)The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make provision—
(a)as to the form of any warrant issued under this section;
(b)allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;
(c)that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be sufficient evidence of the facts stated;
(d)that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, the sheriff may issue a citation to him to appear before the sheriff and (if he does not obey) may issue a warrant for his arrest;
(e)that for the purpose of enabling such an inquiry, the sheriff may issue a warrant for the liable person’s arrest without issuing a citation;
(f)as to the execution of a warrant of arrest.]
Textual Amendments
F277S. 40A inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 17(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2
Modifications etc. (not altering text)
C51Ss. 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))
C69S. 40A modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(5), 62(3); S.I. 2008/1476, art. 2(6)
(1)If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person, it may—
(a)order him to be disqualified, for such period specified in the order but not exceeding two years as it thinks fit, from holding or obtaining a driving licence (a “disqualification order”); or
(b)make a disqualification order but suspend its operation until such time and on such conditions (if any) as it thinks just.
(2)The court may not take action under both section 40 and this section.
(3)A disqualification order must state the amount in respect of which it is made, which is to be the aggregate of—
(a)the amount mentioned in section 35(1), or so much of it as remains outstanding; and
(b)an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under section 39A.
(4)A court which makes a disqualification order shall require the person to whom it relates to produce any driving licence held by him, and its counterpart (within the meaning of section 108(1) of the Road Traffic Act 1988).
(5)On an application by the [F279Commission] or the liable person, the court—
(a)may make an order substituting a shorter period of disqualification, or make an order revoking the disqualification order, if part of the amount referred to in subsection (3) (the “amount due”) is paid to any person authorised to receive it; and
(b)must make an order revoking the disqualification order if all of the amount due is so paid.
(6)The [F279Commission] may make representations to the court as to the amount which should be paid before it would be appropriate to make an order revoking the disqualification order under subsection (5)(a), and the person liable may reply to those representations.
(7)The [F279Commission] may make a further application under section 39A if the amount due has not been paid in full when the period of disqualification specified in the disqualification order expires.
(8)Where a court—
(a)makes a disqualification order;
(b)makes an order under subsection (5); or
(c)allows an appeal against a disqualification order,
it shall send notice of that fact to the [F279Commission]; and the notice shall contain such particulars and be sent in such manner and to such address as the [F279Commission] may determine.
(9)Where a court makes a disqualification order, it shall also send the driving licence and its counterpart, on their being produced to the court, to the [F280Commission] at such address as [F281it] may determine.
(10)Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a disqualification order under this section in relation to a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.
(11)The Secretary of State may by regulations make provision in relation to disqualification orders corresponding to the provision he may make under section 40(11).
(12)In the application to Scotland of this section—
(a)in subsection (2) for “section 40” substitute “section 40A”;
(b)in subsection (3) for paragraph (a) substitute—
“(a)the appropriate amount under section 38;”;
(c)subsection (10) is omitted; and
(d)for subsection (11) substitute—
“(11)The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make, in relation to disqualification orders, provision corresponding to that which may be made by virtue of section 40A(8).”]
Textual Amendments
F278S. 40B inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 16(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2
F279Word in s. 40B(5)-(8) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 42(2); S.I. 2008/2675, art. 3(b)
F280Word in s. 40B(9) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 42(3)(a); S.I. 2008/2675, art. 3(b)
F281Word in s. 40B(9) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 42(3)(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C70S. 40B modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(5), 62(3); S.I. 2008/1476, art. 2(6)
C71S. 40B modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)
(1)This section applies where—
(a)the [F282Commission] is authorised under section 4 F283... or 7 to recover child support maintenance payable by [F2a non-resident parent] in accordance with a [F3maintenance calculation]; and
(b)the [F2non-resident parent] has failed to make one or more payments of child support maintenance due from him in accordance with that [F1calculation].
[F284(2)Where the [F285Commission] recovers any such arrears [F286it] may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if [F286it] is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the [F2non-resident parent] made the payment or payments of child support maintenance in question.
(2A)In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the [F3maintenance calculation] had effect from a date earlier than that on which it was made, the [F1calculation] shall be taken to have been in force at that time.]
F287(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F287(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F287(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Any sums retained by the [F288Commission] by virtue of this section shall be paid by [F289it] into the Consolidated Fund.
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.
F2Words 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.
F3Words 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.
F282Word in s. 41(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(2); S.I. 2008/2675, art. 3(b) (with art. 4)
F283Word in s. 41(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)
F284S. 41(2)(2A) substituted for s. 41(2) (1.10.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 11; S.I. 1995/2302, art. 2, Sch. Pt. 2
F285Word in s. 41(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(3)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F286Word in s. 41(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(3)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F287S. 41(3)-(5) repealed (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 18(1), 86(1)(a)(2), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F288Word in s. 41(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(4)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F289Word in s. 41(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(4)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
Modifications etc. (not altering text)
C51Ss. 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))
C72S. 41(4) (as originally enacted) amended (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. 7 para. 1(34)(a); S.I. 2008/1476, art. 2(3)(b)(4)(5); S.I. 2009/1314, art. 2(2)(b)(i)
Commencement Information
I18S. 41 wholly in force; s. 41 not in force at Royal Assent see s. 58(2); s. 41(2)-(4) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 41 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)The Secretary of State may by regulations make provision for the payment to [F291the Commission] by non-resident parents who are in arrears with payments of child support maintenance of penalty payments determined in accordance with the regulations.
(2)The amount of a penalty payment in respect of any week may not exceed 25% of the amount of child support maintenance payable for that week, but otherwise is to be determined by the [F292Commission].
(3)The liability of a non-resident parent to make a penalty payment does not affect his liability to pay the arrears of child support maintenance concerned.
(4)Regulations under subsection (1) may, in particular, make provision—
(a)as to the time at which a penalty payment is to be payable;
(b)for the [F293Commission] to waive a penalty payment, or part of it.
(5)The provisions of this Act with respect to—
(a)the collection of child support maintenance;
(b)the enforcement of an obligation to pay child support maintenance,
apply equally (with any necessary modifications) to penalty payments payable by virtue of regulations under this section.
(6)The [F294Commission] shall pay penalty payments received by [F295it] into the Consolidated Fund.]
Textual Amendments
F290S. 41A 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. 18(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch. (note that Child Support Act 1995 (c. 34), s. 22, which inserted s. 41A of this Act, was never brought into force)
F291Words in s. 41A(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 44(2); S.I. 2008/2675, art. 3(b)
F292Word in s. 41A(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 44(3); S.I. 2008/2675, art. 3(b)
F293Word in s. 41A(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 44(3); S.I. 2008/2675, art. 3(b)
F294Word in s. 41A(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 44(4)(a); S.I. 2008/2675, art. 3(b)
F295Word in s. 41A(6) substituted (1.11.2008) by virtue of Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 44(4)(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
C73S. 41A (as originally enacted) amended (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. 7 para. 1(34)(a); S.I. 2008/1476, art. 2(3)(b)(4)(5); S.I. 2009/1314, art. 2(2)(b)(i)
(1)This section applies where it appears to the [F297Commission] that [F2a non-resident parent] has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that—
(a)it would not be possible for the [F2non-resident parent] to recover the amount of the overpayment by way of an adjustment of the amount payable under a [F3maintenance calculation]; or
(b)it would be inappropriate to rely on an adjustment of the amount payable under a [F3maintenance calculation] as the means of enabling the [F2non-resident parent] to recover the amount of the overpayment.
[F298(1A)This section also applies where the non-resident parent has made a voluntary payment and it appears to the [F299Commission] —
(a)that he is not liable to pay child support maintenance; or
(b)that he is liable, but some or all of the payment amounts to an overpayment,
and, in a case falling within paragraph (b), it also appears to [F300it] that subsection (1)(a) or (b) applies.]
(2)The [F301Commission] may make such payment to the [F2non-resident parent] by way of reimbursement, or partial reimbursement, of the overpayment as the [F301Commission] considers appropriate.
(3)Where the [F302Commission] has made a payment under this section [F303it] may, in such circumstances as may be prescribed, require the relevant person to pay to [F304it] the whole, or a specified proportion, of the amount of that payment.
(4)Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the [F305Commission] wishes to recover from him.
(5)Any sum which a person is required to pay to the [F305Commission] under this section shall be recoverable from him by the [F305Commission] as a debt due to the Crown.
(6)The Secretary of State may by regulations make provision in relation to any case in which—
(a)one or more overpayments of child support maintenance are being reimbursed to the [F306Commission] by the relevant person; and
(b)child support maintenance has continued to be payable by the [F2non-resident parent] concerned to the person with care concerned, or again becomes so payable.
[F307(7)For the purposes of this section—
(a)a payment made by a person under a maintenance calculation which was not validly made; and
(b)a voluntary payment made in the circumstances set out in subsection (1A)(a),
shall be treated as an overpayment of child support maintenance made by a non-resident parent.]
(8)In this section “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made.
(9)Any sum recovered by the [F308Commission] under this section shall be paid by [F309it] into the Consolidated Fund.]
Textual Amendments
F2Words 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.
F3Words 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.
F296S. 41B inserted (4.9.1995 for specified purposes, 1.10.1995 for specified purposes) by Child Support Act 1995 (c. 34), ss. 23, 30(4); S.I. 1995/2302, art. 2, Sch. Pts. 1, 2
F297Word in s. 41B(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(2); S.I. 2008/2675, art. 3(b)
F298S. 41B(1A) inserted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 20(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F299Word in s. 41B(1A) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(3)(a); S.I. 2008/2675, art. 3(b)
F300Word in s. 41B(1A) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(3)(b); S.I. 2008/2675, art. 3(b)
F301Word in s. 41B(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(4); S.I. 2008/2675, art. 3(b)
F302Word in s. 41B(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(5)(a); S.I. 2008/2675, art. 3(b)
F303Word in s. 41B(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(5)(b); S.I. 2008/2675, art. 3(b)
F304Word in s. 41B(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(5)(c); S.I. 2008/2675, art. 3(b)
F305Word in s. 41B(4)(5) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(6); S.I. 2008/2675, art. 3(b)
F306Word in s. 41B(6)(a) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(6); S.I. 2008/2675, art. 3(b)
F307S. 41B(7) 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. 20(4), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F308Word in s. 41B(9) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(7)(a); S.I. 2008/2675, art. 3(b)
F309Word in s. 41B(9) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 45(7)(b); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C51Ss. 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))
(1)The Secretary of State may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Act.
(2)Those regulations may, for example, provide for the following to be special cases—
(a)each parent of a child is [F2a non-resident parent] in relation to the child;
(b)there is more than one person who is a person with care in relation to the same child;
(c)there is more than one qualifying child in relation to the same [F2non-resident parent] but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;
(d)a person is [F2a non-resident parent] in relation to more than one child and the other parent of each of those children is not the same person;
(e)the person with care has care of more than one qualifying child and there is more than one [F2non-resident parent] in relation to those children;
(f)a qualifying child has his home in two or more separate households.
(3)The Secretary of State may by regulations make provision with respect to special cases.
(4)Regulations made under subsection (3) may, in particular—
(a)modify any provision made by or under this Act, in its application to any special case or any special case falling within a prescribed category;
(b)make new provision for any such case; or
(c)provide for any prescribed provision made by or under this Act not to apply to any such case.
Textual Amendments
F2Words 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.
(1)This section applies where—
(a)a non-resident parent is liable to pay a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and
(b)such conditions as may be prescribed for the purposes of this section are satisfied.
(2)The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that payments in respect of child support maintenance are made or that arrears of child support maintenance are recovered.
(3)For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows’ pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation)).]
Textual Amendments
F310S. 43 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. 21, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
(1)[F311The [F312Commission]] shall have jurisdiction to make a [F3maintenance calculation] with respect to a person who is—
(a)a person with care;
(b)[F2a non-resident parent]; or
(c)a qualifying child,
only if that person is habitually resident in the United Kingdom[F313, except in the case of a non-resident parent who falls within subsection (2A)].
(2)Where the person with care is not an individual, subsection (1) shall have effect as if paragraph (a) were omitted.
[F314(2A)A non-resident parent falls within this subsection if he is not habitually resident in the United Kingdom, but is—
(a)employed in the civil service of the Crown, including Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
(b)a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996;
(c)employed by a company of a prescribed description registered under the Companies Act 1985 in England and Wales or in Scotland, or under the Companies (Northern Ireland) Order 1986; or
(d)employed by a body of a prescribed description.]
F315(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words 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.
F3Words 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.
F311Words in s. 44(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 41; S.I. 1999/1510, art. 2(g)(iii)
F312Word in s. 44(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 46; S.I. 2008/2675, art. 3(b)
F313Words in s. 44(1) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 22(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)
F314S. 44(2A) inserted (10.11.2000 for specified purposes, 31.1.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 22(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2(1)(a)
F315S. 44(3) repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 22(4), 86(1)(a)(2), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Commencement Information
I19S. 44 wholly in force; s. 44 not in force at Royal Assent see s. 58(2); s. 44(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 44 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
(1)The Lord Chancellor or, in relation to Scotland, the Lord Advocate may by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order—
(a)shall be made to a court instead of being made to [F316an appeal tribunal]; or
(b)shall be so made in such circumstances as may be so specified.
(2)In subsection (1), “court” means—
(a)in relation to England and Wales and subject to any provision made under Schedule 11 to the M17Children Act 1989 (jurisdiction of courts with respect to certain proceedings relating to children) the High Court, a county court or a magistrates’ court; and
(b)in relation to Scotland, the Court of Session or the sheriff.
(3)Schedule 11 to the Act of 1989 shall be amended in accordance with subsections (4) and (5).
(4)The following sub-paragraph shall be inserted in paragraph 1, after sub-paragraph (2)—
“(2A)Sub-paragraphs (1) and (2) shall also apply in relation to proceedings—
(a)under section 27 of the Child Support Act 1991 (reference to court for declaration of parentage); or
(b)which are to be dealt with in accordance with an order made under section 45 of that Act (jurisdiction of courts in certain proceedings under that Act)”.
(5)In paragraphs 1(3) and 2(3), the following shall be inserted after “Act 1976”—
“(bb)section 20 (appeals) or 27 (reference to court for declaration of parentage) of the Child Support Act 1991;”.
(6)Where the effect of any order under subsection (1) is that there are no longer any appeals which fall to be dealt with by [F317appeal tribunals], the Lord Chancellor after consultation with the Lord Advocate may by order provide for the abolition of those tribunals.
(7)Any order under subsection (1) or (6) may make—
(a)such modifications of any provision of this Act or of any other enactment; and
(b)such transitional provision,
as the Minister making the order considers appropriate in consequence of any provision made by the order.
[F318(8)The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.
(9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
Textual Amendments
F316Words in s. 45(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 42(1); S.I. 1999/1510, art. 2(g)(iii)
F317Words in s. 45(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 42(2); S.I. 1999/1510, art. 2(g)(iii)
F318S. 45(8)(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 220; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)
Modifications etc. (not altering text)
C74S. 45 functions transferred (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C75S. 45(1)(6) functions transferred in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)
C76S. 45(6) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F319S. 46 repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 15(b), 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(a)
(1)Subject to the provisions of this Act, any decision of [F321the Commission,] the Secretary of State or an appeal tribunal made in accordance with the foregoing provisions of this Act shall be final.
(2)If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—
(a)further such decisions;
(b)decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and
(c)decisions made under the Vaccine Damage Payments Act 1979.
Textual Amendments
F320Ss. 46A, 46B inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 44; S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(g)(iii)
F321Words in s. 46A(1) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 48; S.I. 2008/2675, art. 3(b)
(1)Regulations may make provision as respects matters arising pending—
(a)any decision of the [F322Commission] under section 11, 12 or 17;
(b)any decision of an appeal tribunal under section 20; or
(c)any decision of a Child Support Commissioner under section 24.
(2)Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).
F323(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F320Ss. 46A, 46B inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 44; S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(g)(iii)
F322Word in s. 46B(1)(a) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 49; S.I. 2008/2675, art. 3(b)
F323S. 46B(3) repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
(1)The Secretary of State may by regulations provide for the payment, by the [F2non-resident parent] or the person with care (or by both), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 4 or 6.
(2)The Secretary of State may by regulations provide for the payment, by the [F2non-resident parent], the person with care or the child concerned (or by any or all of them), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 7.
(3)Regulations made under this section—
(a)may require any information which is needed for the purpose of determining the amount of any such fee to be furnished, in accordance with the regulations, by such person as may be prescribed;
(b)shall provide that no such fees shall be payable by any person to or in respect of whom income support, [F324an income-based jobseeker’s allowance,] [F325any element of child tax credit other than the family element, working tax credit] or any other benefit of a prescribed kind is paid; and
(c)may, in particular, make provision with respect to the recovery by the Secretary of State of any fees payable under the regulations.
[F326(4)The provisions of this Act with respect to—
(a)the collection of child support maintenance;
(b)the enforcement of any obligation to pay child support maintenance,
shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section.]
Textual Amendments
F2Words 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.
F324Words in s. 47(3) inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 20(5); S.I. 1996/2208, art. 2(b)
F325Words in s. 47(3)(b) substituted (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 22; S.I. 2003/962, art. 2(3)(d)(iii)
F326S. 47(4) inserted (10.11.2000 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(18) (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Commencement Information
I20S. 47 wholly in force at 17.6.1992 see s. 58(2) and S.I. 1992/1431, art. 2, Sch.
(1)Any [F327officer of the [F328Commission] who is authorised] by the [F328Commission] for the purposes of this section shall have, in relation to any proceedings under this Act before a magistrates’ court, a right of audience and the right to conduct litigation.
(2)In this section “right of audience” and “right to conduct litigation” have the same meaning as in section 119 of the M18Courts and Legal Services Act 1990.
Textual Amendments
F327Words in s. 48(1) substituted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 14; S.I. 1995/2302, art. 2, Sch. Pt. 1
F328Word in s. 48(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 50; S.I. 2008/2675, art. 3(b)
Marginal Citations
In relation to any proceedings before the sheriff under any provision of this Act, the power conferred on the Court of Session by section 32 of the M19Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in sheriff court) shall extend to the making of rules permitting a party to such proceedings, in such circumstances as may be specified in the rules, to be represented by a person who is neither an advocate nor a solicitor.
Marginal Citations
(1)Any person who is, or has been, employed in employment to which [F329this subsection] applies is guilty of an offence if, without lawful authority, he discloses any information which—
(a)was acquired by him in the course of that employment; and
(b)relates to a particular person.
[F330(1A)Subsection (1) applies to employment as—
(a)any clerk to, or other officer of, an appeal tribunal;
(b)any member of the staff of an appeal tribunal;
(c)a civil servant in connection with the carrying out of any functions under this Act;
(d)any member of, or of the staff of, the Commission;
(e)any person who provides, or is employed in the provision of, services to the Commission,
and to employment of any other kind which is prescribed for the purposes of this subsection.
(1B)Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—
(a)was acquired by him in the course of that employment;
(b)is information which is, or is derived from, information acquired or held for the purposes of this Act; and
(c)relates to a particular person.
(1C)Subsection (1B) applies to any employment which—
(a)is not employment to which subsection (1) applies, and
(b)is of a kind prescribed for the purposes of this subsection.]
(2)It is not an offence under this section—
(a)to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or
(b)to disclose information which has previously been disclosed to the public with lawful authority.
(3)It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—
(a)he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
(b)he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
(4)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or
(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
F331(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made—
(a)by a civil servant in accordance with his official duty; or
(b)by any other person either—
(i)for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the responsible person; or
(ii)to, or in accordance with an authorisation duly given by, the responsible person;
(c)in accordance with any enactment or order of a court;
(d)for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person mentioned in this Act; or
(e)with the consent of the appropriate person.
(7)“The responsible person” means—
(a)the Lord Chancellor;
(b)the Secretary of State;
[F332(ba)the person appointed to chair the Commission;]
[F333(c)any person authorised for the purposes of this subsection by the Lord Chancellor, the Secretary of State or the person appointed to chair the Commission;]
(d)any other prescribed person, or person falling within a prescribed category.
(8)“The appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—
(a)under a power of attorney; [F334or]
F335(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)by a Scottish mental health custodian, that is to say [F336a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4)]; F335...
F335(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the appropriate person is the attorney [F337or custodian] (as the case may be) or, in a case falling within paragraph (a), the person to whom the information relates.
[F338(9)Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is—
(a)a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or
(b)a deputy appointed for him, or any other person authorised, by the Court of Protection,
with power in that respect.]
Textual Amendments
F329Words in s. 50(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(19); S.I. 2008/2675, art. 3(f)
F330S. 50(1A)-(1C) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(20); S.I. 2008/2675, art. 3(f)
F331S. 50(5) repealed (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2675, art. 3(g)(i)
F332S. 50(7)(ba) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(21)(a); S.I. 2008/2675, art. 3(f)
F333S. 50(7)(c) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(21)(b); S.I. 2008/2675, art. 3(f)
F334Word in s. 50(8) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 36(a)(i) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F335S. 50(8)(b)(d) and word following para. (c) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 36(a)(ii), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F336Words in s. 50(8)(c) substituted (S.) (2.4.2001 for specified purposes, 1.4.2002 in so far as not already in force) by Adults with Incapacity (Scotland) Act 2000 (asp 4), s. 89(2), Sch. 5 para. 22; S.S.I. 2001/81, arts. 2, 3, Schs. 1, 2; substituted (E.W.) (30.6.2005) by The Adults with Incapacity (Scotland) Act 2000 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2005 (S.I. 2005/1790), arts. 1(1), 2
F337Words in s. 50(8) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 36(a)(iii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F338S. 50(9) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 36(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
Modifications etc. (not altering text)
C77S. 50 applied (27.10.2008) by The Child Support Information Regulations 2008 (S.I. 2008/2551), regs. 1, 14
Commencement Information
I21S. 50 wholly in force; s. 50 not in force at Royal Assent see s. 58(2); s. 50(5)(7)(d) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 50 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
Any decision falling to be made under or by virtue of this Act by the Commission may be made, not only by a person authorised to exercise the Commission's decision-making function, but also by a computer for whose operation such a person is responsible.]
Textual Amendments
F339S. 50A inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 51; S.I. 2008/2675, art. 3(b)
(1)The Secretary of State may by regulations make such incidental, supplemental and transitional provision as he considers appropriate in connection with any provision made by or under this Act.
(2)The regulations may, in particular, make provision—
(a)as to the procedure to be followed with respect to—
(i)the making of applications for maintenance [F1calculations];
[F340(ii)the making of decisions under section 11;]
[F340(iii)the making of decisions under section 16 or 17;]
[F341(b)extending the categories of case to which section 16, 17 or 20 applies;]
(c)as to the date on which an application for a [F3maintenance calculation] is to be treated as having been made;
(d)for attributing payments made under maintenance [F1calculations] to the payment of arrears;
(e)for the adjustment, for the purpose of taking account of the retrospective effect of a [F3maintenance calculation], of amounts payable under the [F1calculation];
(f)for the adjustment, for the purpose of taking account of over-payments or under-payments of child support maintenance, of amounts payable under a [F3maintenance calculation];
(g)as to the evidence which is to be required in connection with such matters as may be prescribed;
(h)as to the circumstances in which any official record or certificate is to be conclusive (or in Scotland, sufficient) evidence;
(i)with respect to the giving of notices or other documents;
(j)for the rounding up or down of any amounts calculated, estimated or otherwise arrived at in applying any provision made by or under this Act.
(3)No power to make regulations conferred by any other provision of this Act shall be taken to limit the powers given to the Secretary of State by this section.
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.
F3Words 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.
F340S. 51(2)(ii)(iii) substituted (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(19)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F341S. 51(2)(b) substituted (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(19)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
(1)Any power conferred on F342... the Lord Advocate or the Secretary of State by this Act to make regulations or orders (other than a deduction from earnings order) shall be exercisable by statutory instrument.
[F343(2)No statutory instrument containing (whether alone or with other provisions) regulations made under—
(a)section F344... 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)), 28C(2)(b), 28F(2)(b), 30(5A), 41(2), 41A, 41B(6), 43(1), 44(2A)(d) F344... or 47;
(b)paragraph 3(2) or 10A(1) of Part I of Schedule 1; or
(c)Schedule 4B,
or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
(2A)No statutory instrument containing (whether alone or with other provisions) the first set of regulations made under paragraph 10(1) of Part I of Schedule 1 as substituted by section 1(3) of the Child Support, Pensions and Social Security Act 2000 shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.]
(3)Any other statutory instrument made under this Act (except an order made under section 58(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Any power of a kind mentioned in subsection (1) may be exercised—
(a)in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;
(b)so as to make, as respects the cases in relation to which it is exercised—
(i)the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
(ii)the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;
(iii)provision which is either unconditional or is subject to any specified condition;
(c)so to provide for a person to exercise a discretion in dealing with any matter.
Textual Amendments
F342Words in s. 52(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)
F343S. 52(2)(2A) substituted for s. 52(2) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 25, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F344Words in s. 52(2) 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)
Any expenses of the Lord Chancellor or the Secretary of State under this Act shall be payable out of money provided by Parliament.
In this Act—
“[F2non-resident parent]”, has the meaning given in section 3(2);
F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F346“appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;]
[F347“application for a [F348variation]” means an application under section 28A [F349or 28G];]
F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“benefit Acts” means the [F351Social Security Contributions and Benefits Act 1992 and the Social Security Administration Act 1992];
F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“child benefit” has the same meaning as in the M20Child Benefit Act 1975;
F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“child support maintenance” has the meaning given in section 3(6);
F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“deduction from earnings order” has the meaning given in section 31(2);
[F352“default maintenance decision” has the meaning given in section 12;]
F350 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“disability living allowance” has the same meaning as in the [F351benefit Acts];
F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“general qualification” shall be construed in accordance with section 71 of the M21Courts and Legal Services Act 1990 (qualification for judicial appointments);
[F354“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;]
[F355“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]
“income support” has the same meaning as in the benefit Acts;
“interim maintenance [F356decision]” has the meaning given in section 12;
“liability order” has the meaning given in section 33(2);
“maintenance agreement” has the meaning given in section 9(1);
[F357“maintenance calculation” means a calculation of maintenance made under this Act and, except in prescribed circumstances, includes a default maintenance decision and an interim maintenance decision;]
“maintenance order” has the meaning given in section 8(11);
F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“parent”, in relation to any child, means any person who is in law the mother or father of the child;
[F347“parent with care” means a person who is, in relation to a child, both a parent and a person with care.]
[F358“parental responsibility”, in the application of this Act—
to England and Wales, has the same meaning as in the Children Act 1989; and
to Scotland, shall be construed as a reference to “parental responsibilities” within the meaning given by section 1(3) of the Children (Scotland) Act 1995;]
F359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“person with care” has the meaning given in section 3(3);
“prescribed” means prescribed by regulations made by the Secretary of State;
“qualifying child” has the meaning given in section 3(1);
[F360“voluntary payment” has the meaning given in section 28J.]
Textual Amendments
F2Words 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.
F345Words in s. 54 repealed (1.6.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 47(b), Sch. 8; S.I. 1999/1510, art. 2(g)(iv); S.I. 1999/3178, art. 2, Sch. 1 (with arts. 2(2), 4)
F346Words in s. 54 inserted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 47(a); S.I. 1999/1510, art. 2(g)(iv)
F347Words in s. 54 inserted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 16; S.I. 1995/2302, art. 2, Sch. Pt. 1
F348Word in s. 54 substituted (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(20)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F349Words in s. 54 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(20)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F350Words in s. 54 omitted (3.3.2003 for specified purposes) by virtue of Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(e)(2), Sch. 3 para. 11(20)(e), Sch 9 Pt. 1 (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F351Words in s. 54 substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), s. 4, Sch. 2 para. 114(a)(b)
F352Words in s. 54 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(20)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F353Words in s. 54 repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1
F354Words in s. 54 inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 20(6); S.I. 1996/2208, art. 2(b)
F355Words in s. 54 inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 7(7); S.I. 2008/787, art. 2(4)(f)
F356Word in s. 54 substituted (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(20)(c) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F357Words in s. 54 substituted (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(20)(d) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F358Words in s. 54 substituted (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(4)(a); S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)
F359Words in s. 54 repealed (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(4)(b), Sch. 5; S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)
F360Words in s. 54 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(20)(f) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Marginal Citations
(1)For the purposes of this Act a person is a child if—
(a)he is under the age of 16;
(b)he is under the age of 19 and receiving full-time education (which is not advanced education)—
(i)by attendance at a recognised educational establishment; or
(ii)elsewhere, if the education is recognised by the Secretary of State; or
(c)he does not fall within paragraph (a) or (b) but—
(i)he is under the age of 18, and
(ii)prescribed conditions are satisfied with respect to him.
(2)A person is not a child for the purposes of this Act if he—
(a)is or has been married [F361or a civil partner];
(b)has celebrated a marriage[F362, or been a party to a civil partnership,] which is void; or
(c)has celebrated a marriage in respect of which a decree of nullity has been granted [F363or has been a party to a civil partnership in respect of which a nullity order has been made].
(3)In this section—
“advanced education” means education of a prescribed description; and
“recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this section as being, or as comparable to, a university, college or school.
(4)Where a person has reached the age of 16, the Secretary of State may recognise education provided for him otherwise than at a recognised educational establishment only if the Secretary of State is satisfied that education was being so provided for him immediately before he reached the age of 16.
(5)The Secretary of State may provide that in prescribed circumstances education is or is not to be treated for the purposes of this section as being full-time.
(6)In determining whether a person falls within subsection (1)(b), no account shall be taken of such interruptions in his education as may be prescribed.
(7)The Secretary of State may by regulations provide that a person who ceases to fall within subsection (1) shall be treated as continuing to fall within that subsection for a prescribed period.
(8)No person shall be treated as continuing to fall within subsection (1) by virtue of regulations made under subsection (7) after the end of the week in which he reaches the age of 19.
Textual Amendments
F361Words in s. 55(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 3(a); S.I. 2005/3175, art. 2(1), Sch. 1
F362Words in s. 55(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 3(b); S.I. 2005/3175, art. 2(1), Sch. 1
F363Words in s. 55(2)(c) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 3(c); S.I. 2005/3175, art. 2(1), Sch. 1
(1)An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the M22Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of the provisions of this Act, other than provisions which relate to the appointment of Child Support Commissioners for Northern Ireland—
(a)shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but
(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F364(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F364(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F364(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2S. 56 with the exception of s. 56(1) does not extend to Northern Ireland see s. 58(11)
Textual Amendments
F364S. 56(2)-(4) repealed (2.12.1999) by Northern Ireland Act 1998 (c. 47), ss. 87(8)(c), 101(3), Sch. 15 (with s. 95, Sch. 14); S.I. 1999/3209, art. 2, Sch.
Commencement Information
I22S. 56 wholly in force; s. 56(1) in force at Royal Assent see s. 58(2); s. 56(2)-(4) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.
Marginal Citations
(1)The power of the Secretary of State to make regulations under section 14 requiring prescribed persons to furnish information may be exercised so as to require information to be furnished by persons employed in the service of the Crown or otherwise in the discharge of Crown functions.
(2)In such circumstances, and subject to such conditions, as may be prescribed, an inspector appointed under section 15 may enter any Crown premises for the purpose of exercising any powers conferred on him by that section.
(3)Where such an inspector duly enters any Crown premises for those purposes, section 15 shall apply in relation to persons employed in the service of the Crown or otherwise in the discharge of Crown functions as it applies in relation to other persons.
(4)Where a liable person is in the employment of the Crown, a deduction from earnings order may be made under section 31 in relation to that person; but in such a case subsection (8) of section 32 shall apply only in relation to the failure of that person to comply with any requirement imposed on him by regulations made under section 32.
(1)This Act may be cited as the Child Support Act 1991.
(2)Section 56(1) and subsections (1) to (11) and (14) of this section shall come into force on the passing of this Act but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor, the Secretary of State or Lord Advocate, or by any of them acting jointly.
(3)Different dates may be appointed for different provisions of this Act and for different purposes (including, in particular, for different cases or categories of case).
(4)An order under subsection (2) may make such supplemental, incidental or transitional provision as appears to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including such adaptations or modifications of—
(a)the provisions so brought into force;
(b)any provisions of this Act then in force; or
(c)any provision of any other enactment,
as appear to him to be necessary or expedient.
(5)Different provision may be made by virtue of subsection (4) with respect to different periods.
(6)Any provision made by virtue of subsection (4) may, in particular, include provision for—
(a)the enforcement of a [F3maintenance calculation] (including the collection of sums payable under the [F1calculation]) as if the [F1calculation] were a court order of a prescribed kind;
(b)the registration of maintenance [F1calculations] with the appropriate court in connection with any provision of a kind mentioned in paragraph (a);
(c)the variation, on application made to a court, of the provisions of a [F3maintenance calculation] relating to the method of making payments fixed by the [F1calculation] or the intervals at which such payments are to be made;
(d)a [F3maintenance calculation], or an order of a prescribed kind relating to one or more children, to be deemed, in prescribed circumstances, to have been validly made for all purposes or for such purposes as may be prescribed.
In paragraph (c) “court” includes a single justice.
(7)The Lord Chancellor, the Secretary of State or the Lord Advocate may by order make such amendments or repeals in, or such modifications of, such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision made by or under this Act (including any provision made by virtue of subsection (4)).
(8)This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
(9)Sections 27, 35[F365, 40] and 48 and paragraph 7 of Schedule 5 do not extend to Scotland.
(10)Sections 7, 28[F366, 40A] and 49 extend only to Scotland.
(11)With the exception of sections 23 and 56(1), subsections (1) to (3) of this section and Schedules 2 and 4, and (in so far as it amends any enactment extending to Northern Ireland) Schedule 5, this Act does not extend to Northern Ireland.
(12)Until Schedule 1 to the M23Disability Living Allowance and Disability Working Allowance Act 1991 comes into force, paragraph 1(1) of Schedule 3 shall have effect with the omission of the words “and disability appeal tribunals” and the insertion, after “social security appeal tribunals”, of the word “ and ”.
(13)The consequential amendments set out in Schedule 5 shall have effect.
(14)In Schedule 1 to the M24Children Act 1989 (financial provision for children), paragraph 2(6)(b) (which is spent) is hereby repealed.
Subordinate Legislation Made
P1S. 58(2): 17.6.1992 appointed for specified provisions and purposes by S.I. 1992/1431, art. 2, Sch.
S. 58: 1.9.1992 appointed for specified provisions by S.I. 1992/1938, art. 2
S. 58(2)-(6): 5.4.1993 appointed for specified provisions by S.I. 1992/2644, art. 2 (with transitional provisions in art. 3, Sch.)
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.
F3Words 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.
F365Word in s. 58(9) 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(21)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F366Word in s. 58(10) 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(21)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Commencement Information
I23S. 58 partly in force; s. 58(1)-(11)(14) wholly in force at Royal Assent see s. 58(2); s. 58(13) so far as it relates to Sch. 5 paras. 1-4 in force at 1.9.1992 by S.I. 1992/1938, art. 2; s. 58(13) in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
Marginal Citations
Section 11.
Textual Amendments
F367Sch. 1 Pt. 1 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. 1(3), 86(1)(a)(2), Sch. 1 (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Modifications etc. (not altering text)
C78Sch. 1 para. 5 (as originally enacted) amended (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 7(8); S.I. 2008/787, art. 2(1)(4)(f), Sch.
C79Sch. 1 para. 6 (as originally enacted) amended (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 paras. 4, 5; S.I. 2005/3175, art. 2(1), Sch. 1
1(1)The weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.E+W+S
(2)Unless the nil rate applies, the amount payable weekly to a person with care is—
(a)the applicable rate, if paragraph 6 does not apply; or
(b)if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,
as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.
2(1)The basic rate is the following percentage of the non-resident parent’s net weekly income—E+W+S
15% where he has one qualifying child;
20% where he has two qualifying children;
25% where he has three or more qualifying children.
(2)If the non-resident parent also has one or more relevant other children, the appropriate percentage referred to in sub-paragraph (1) is to be applied instead to his net weekly income less—
15% where he has one relevant other child;
20% where he has two relevant other children;
25% where he has three or more relevant other children.
3(1)A reduced rate is payable if—E+W+S
(a)neither a flat rate nor the nil rate applies; and
(b)the non-resident parent’s net weekly income is less than £200 but more than £100.
(2)The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.
(3)The regulations may not prescribe, or result in, a rate of less than £5.
4(1)Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and—E+W+S
(a)the non-resident parent’s net weekly income is £100 or less; or
(b)he receives any benefit, pension or allowance prescribed for the purposes of this paragraph of this sub-paragraph; or
(c)he or his partner (if any) receives any benefit prescribed for the purposes of this paragraph of this sub-paragraph.
(2)A flat rate of a prescribed amount is payable if the nil rate does not apply and—
(a)the non-resident parent has a partner who is also a non-resident parent;
(b)the partner is a person with respect to whom a maintenance calculation is in force; and
(c)the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).
(3)The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include ones paid to the non-resident parent under the law of a place outside the United Kingdom.
5E+W+SThe rate payable is nil if the non-resident parent—
(a)is of a prescribed description; or
(b)has a net weekly income of below £5.
6(1)If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.E+W+S
(2)The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.
7(1)This paragraph applies only if the rate of child support maintenance payable is the basic rate or a reduced rate.E+W+S
(2)If the care of a qualifying child is shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs of this Part of this Schedule, is to be decreased in accordance with this paragraph.
(3)First, there is to be a decrease according to the number of such nights which the [F368Commission] determines there to have been, or expects there to be, or both during a prescribed twelve-month period.
(4)The amount of that decrease for one child is set out in the following Table—
Number of nights | Fraction to subtract |
---|---|
52 to 103 | One-seventh |
104 to 155 | Two-sevenths |
156 to 174 | Three-sevenths |
175 or more | One-half |
(5)If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.
(6)If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child.
(7)If the application of the preceding provisions of this paragraph would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than £5, he is instead liable to pay child support maintenance at the rate of £5 a week, apportioned (if appropriate) in accordance with paragraph 6.
Textual Amendments
F368Word in Sch. 1 para. 7(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(2); S.I. 2008/2675, art. 3(b)
Modifications etc. (not altering text)
C80Sch. 1 para. 7 modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155), regs. 1(4), 11(4); S.I. 2003/192, art. 3(1), Sch.
C81Sch. 1 para. 7(4) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155), regs. 1(4), 7(4); S.I. 2003/192, art. 3(1), Sch.
8(1)This paragraph applies only if—E+W+S
(a)the rate of child support maintenance payable is a flat rate; and
(b)that rate applies because the non-resident parent falls within paragraph 4(1)(b) or (c) or 4(2).
(2)If the care of a qualifying child is shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed 12-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.
Modifications etc. (not altering text)
C82Sch. 1 para. 8(2) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155), regs. 1(4), 7(4); S.I. 2003/192, art. 3(1), Sch.
9E+W+SThe Secretary of State may by regulations provide—
(a)for which nights are to count for the purposes of shared care under paragraphs 7 and 8, or for how it is to be determined whether a night counts;
(b)for what counts, or does not count, as “care” for those purposes; and
(c)for paragraph 7(3) or 8(2) to have effect, in prescribed circumstances, as if the period mentioned there were other than 12 months, and in such circumstances for the Table in paragraph 7(4) (or that Table as modified pursuant to regulations made under paragraph 10A(2)(a)), or the period mentioned in paragraph 8(2), to have effect with prescribed adjustments.
10(1)For the purposes of this Schedule, net weekly income is to be determined in such manner as is provided for in regulations.E+W+S
(2)The regulations may, in particular, provide for the [F369Commission] to estimate any income or make an assumption as to any fact where, in [F370its] view, the information at [F370its] disposal is unreliable, insufficient, or relates to an atypical period in the life of the non-resident parent.
(3)Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.
Textual Amendments
F369Word in Sch. 1 para. 10(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(3)(a); S.I. 2008/2675, art. 3(b)
F370Word in Sch. 1 para. 10(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(3)(b); S.I. 2008/2675, art. 3(b)
10A(1)The Secretary of State may by regulations provide that—E+W+S
(a)paragraph 2 is to have effect as if different percentages were substituted for those set out there;
(b)paragraph 3(1) or (3), 4(1), 5, 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.
(2)The Secretary of State may by regulations provide that—
(a)the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;
(b)paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.
10BE+W+SThe Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—
(a)where the [F371Commission] is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his net weekly income, his net weekly income shall be taken to include income from that source of an amount estimated by the [F371Commission];
(b)a person is to be treated as possessing income which he does not possess;
(c)income which a person does possess is to be disregarded.
Textual Amendments
F371Word in Sch. 1 para. 10B(a) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(4); S.I. 2008/2675, art. 3(b)
10C(1)References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made.E+W+S
(2)References in this Part of this Schedule to “relevant other children” are to—
(a)children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits Act 1992; and
(b)such other description of children as may be prescribed.
(3)In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.
(4)In this Part of this Schedule, a person’s “partner” is—
(a)if they are a couple, the other member of that couple;
(b)if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.
[F372(5)In sub-paragraph (4)(a), “couple” means—
(a)a man and a woman who are married to each other and are members of the same household,
(b)a man and a woman who are not married to each other but are living together as husband and wife,
(c)two people of the same sex who are civil partners of each other and are members of the same household, or
(d)two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.]
[F372(6)For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]]
Textual Amendments
F372Sch. 1 para. 10C(5)(6) substituted for Sch. 1 para. 10C(5) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 6; S.I. 2005/3175, art. 2(1), Sch. 1
11(1)A [F3maintenance calculation] shall take effect on such date as may be determined in accordance with regulations made by the Secretary of State.E+W+S
(2)That date may be earlier than the date on which the [F1calculation] is made.
Textual Amendments
F3Words 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.
12E+W+SEvery [F3maintenance calculation] shall be made in such form and contain such information as the [F373Commission] may direct.
Textual Amendments
F3Words 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.
F373Word in Sch. 1 para. 12 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(5); S.I. 2008/2675, art. 3(b)
F37413E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F374Sch. 1 para. 13 repealed (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(22)(a), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Modifications etc. (not altering text)
C83Sch. 1 para. 13 (as originally enacted) amended (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(5); S.I. 2008/2675, art. 3(b)
14[F375(1)]The Secretary of State may by regulations provide—E+W+S
(a)for two or more applications for maintenance [F1calculations] to be treated, in prescribed circumstances, as a single application; and
(b)for the replacement, in prescribed circumstances, of a [F3maintenance calculation] made on the application of one person by a later [F3maintenance calculation] made on the application of that or any other person.
[F376(2)In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.]
Textual Amendments
F3Words 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.
F375Sch. 1 para. 14 renumbered as Sch. 1 para. 14(1) (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(22)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F376Sch. 1 para. 14(2) 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(22)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
15E+W+SWhere [F377the [F378Commission]] is satisfied that the circumstances of a case require different amounts of child support maintenance to be assessed in respect of different periods, [F379it] may make separate maintenance [F1calculations] each expressed to have effect in relation to a different specified period.
Textual Amendments
F377Words in Sch. 1 para. 15 substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 48(4); S.I. 1999/1510, art. 2(g)(v)
F378Word in Sch. 1 para. 15 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(6)(a); S.I. 2008/2675, art. 3(b)
F379Word in Sch. 1 para. 15 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(6)(b); S.I. 2008/2675, art. 3(b)
16(1)A [F3maintenance calculation] shall cease to have effect—E+W+S
(a)on the death of the [F2non-resident parent], or of the person with care, with respect to whom it was made;
(b)on there no longer being any qualifying child with respect to whom it would have effect;
(c)on the [F2non-resident parent] with respect to whom it was made ceasing to be a parent of—
(i)the qualifying child with respect to whom it was made; or
(ii)where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;
F380(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F380(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F381(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)A person with care with respect to whom a [F3maintenance calculation] is in force shall provide the [F382Commission] with such information, in such circumstances, as may be prescribed, with a view to assisting the [F382Commission] F383... in determining whether the [F1calculation] has ceased to have effect F384...
(11)The Secretary of State may by regulations make such supplemental, incidental or transitional provision as he thinks necessary or expedient in consequence of the provisions of this paragraph.
Textual Amendments
F2Words 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.
F3Words 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.
F380Sch. 1 para. 16(1)(d)(e) repealed (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(22)(c)(i), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F381Sch. 1 para. 16(2)-(9) repealed (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(22)(c)(ii), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F382Word in Sch. 1 para. 16(10) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 52(7); S.I. 2008/2675, art. 3(b)
F383Words in Sch. 1 para. 16(10) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 48(5)(d), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(v)
F384Words in Sch. 1 para. 16(10) repealed (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(22)(c)(iii), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
Modifications etc. (not altering text)
C84Sch. 1 para. 16(3) (as originally enacted) 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. 7 para. 1(34)(b); S.I. 2008/1476, art. 2(3)(b)(4)(5); S.I. 2009/1314, art. 2(2)(b)(i)
C85Sch. 1 para. 16(4A) (as originally enacted) amended (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. 7 para. 1(34)(b); S.I. 2008/1476, art. 2(3)(b)(4)(5); S.I. 2009/1314, art. 2(2)(b)(i)
Commencement Information
I24Sch. 1 para. 16 wholly in force; para. 16 not in force at Royal Assent see s. 58(2); para. 16(5)(10)(11) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; para. 16 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2
Section 14(4).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F385Sch. 2 repealed (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(33), Sch. 8; S.I. 2008/2675, art. 3(f)(g)(i)
Section 21(4).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F386Sch. 3 repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 50, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(v)
Section 22(5).
1(1)Every Child Support Commissioner shall vacate his office [F387on the date on which he reaches the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75)].U.K.
F388(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A Child Support Commissioner may be removed from office by the Lord Chancellor on the ground of misbehaviour or incapacity.
[F389(3A)The Lord Chancellor may remove a Child Support Commissioner under sub-paragraph (3) only with the concurrence of the appropriate senior judge.
(3B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.]
Textual Amendments
F387Words in Sch. 4 para. 1(1) substituted (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 6 para. 23(2)(a) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
F388Sch. 4 para. 1(2) repealed (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 6 para. 23(2)(b), Sch. 9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
F389Sch. 4 para. 1(3A)(3B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 221(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)
2(1)The Lord Chancellor may pay, or make such payments towards the provision of such remuneration, pensions, allowances or gratuities to or in respect of persons appointed as Child Support Commissioners as, with the consent of the Treasury, he may determine.U.K.
(2)The Lord Chancellor shall pay to a Child Support Commissioner such expenses incurred in connection with his work as such a Commissioner as may be determined by the Treasury.
[F390(3)Sub-paragraph (1), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]
Textual Amendments
F390Sch. 4 para. 2(3) added (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 8 para. 21(2); S.I. 1995/631, art. 2
Textual Amendments
F391Sch. 4 para. 2A and cross-heading inserted (18.12.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 18(1); S.I. 1995/3262, art. 2, Sch. Pt. 1
2A[F392(1)The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine.]U.K.
(2)In sub-paragraph (1), references to travelling and other allowances include references to compensation for loss of remunerative time.
(3)No compensation for loss of remunerative time shall be paid to any person under this paragraph in respect of any time during which he is in receipt of other remuneration so paid.]
Textual Amendments
F392Sch. 4 para. 2A(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 51; S.I. 1999/1510, art. 2(g)(v)
Modifications etc. (not altering text)
C86Sch. 4 para. 2A: transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)
3U.K.Section 75 of the M25Courts and Legal Services Act 1990 (judges etc. barred from legal practice) shall apply to any person appointed as a Child Support Commissioner as it applies to any person holding as a full-time appointment any of the offices listed in Schedule 11 to that Act.
Marginal Citations
4(1)The Lord Chancellor may appoint persons to act as Child Support Commissioners (but to be known as deputy Child Support Commissioners) in order to facilitate the disposal of the business of Child Support Commissioners.U.K.
(2)A deputy Child Support Commissioner shall be appointed—
(a)from among persons who [F393satisfy the judicial-appointment eligibility condition on a 7-year basis] or are advocates or solicitors in Scotland of [F3947] years’ standing; and
(b)[F395subject to sub-paragraph (2A)] for such period or on such occasions as the Lord Chancellor thinks fit.
[F396(2A)No appointment of a person to be a deputy Child Support Commissioner shall be such as to extend beyond the date on which he reaches the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]
(3)Paragraph 2 applies to deputy Child Support Commissioners as if the reference to pensions were omitted and paragraph 3 does not apply to them.
Textual Amendments
F393Words in Sch. 4 para. 4(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 22(4)(a); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F394Figure in Sch. 4 para. 4(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 22(4)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F395Words in Sch. 4 para. 4(2)(b) inserted (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 6 para. 23(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
F396Sch. 4 para. 4(2A) inserted (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 6 para. 23(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
Textual Amendments
F397Sch. 4 para. 4A and cross-heading inserted (18.12.1995) by Child Support Act 1995 (c. 34), ss. 17(1), 30(4); S.I. 1995/3262, art. 2, Sch. Pt. 1
4A(1)The Lord Chancellor may by regulations provide—U.K.
(a)for officers authorised—
(i)by the Lord Chancellor; or
(ii)in Scotland, by the Secretary of State,
to determine any question which is determinable by a Child Support Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference;
(b)for the procedure to be followed by any such officer in determining any such question;
(c)for the manner in which determinations of such questions by such officers may be called in question.
(2)A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Child Support Commissioner is not a determination of the appeal, application or reference for the purposes of sub-paragraph (1).]
5(1)If it appears to the Chief Child Support Commissioner (or, in the case of his inability to act, to such other of the Child Support Commissioners as he may have nominated to act for the purpose) [F398that— U.K.
(a)an application for leave under section 24(6)(b); or
(b)an appeal,] falling to be heard by one of the Child Support Commissioners involves a question of law of special difficulty, he may direct [F399that the application or appeal] be dealt with by a tribunal consisting of any three [F400or more] of the Child Support Commissioners.
(2)If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal[F401; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided].
[F402(3)Where a direction is given under sub-paragraph (1)(a), section 24(6)(b) shall have effect as if the reference to a Child Support Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (1).]
Textual Amendments
F398Words in Sch. 4 para. 5(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 52(1)(a); S.I. 1999/1510, art. 2(g)(v)
F399Words in Sch. 4 para. 5(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 52(1)(b); S.I. 1999/1510, art. 2(g)(v)
F400Words in Sch. 4 para. 5(1) inserted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 52(1)(c); S.I. 1999/1510, art. 2(g)(v)
F401Words in Sch. 4 para. 5(2) inserted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 52(2); S.I. 1999/1510, art. 2(g)(v)
F402Sch. 4 para. 5(3) inserted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 52(3); S.I. 1999/1510, art. 2(g)(v)
6(1)Subject to section 25, the decision of any Child Support Commissioner shall be final.U.K.
[F403(2)If and to the extent that regulations so provide, any finding of fact or other determination which is embodied in or necessary to a decision, or on which a decision is based, shall be conclusive for the purposes of any further decision.]
Textual Amendments
F403Sch. 4 para. 6(2) substituted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 52(4); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(g)(v)
7U.K.Before exercising any of his powers under [F404paragraph 1(3)], [F4054(1) or (2)(b) or 4A(1)], the Lord Chancellor shall consult the Lord Advocate.
Textual Amendments
F404Words in Sch. 4 para. 7 substituted (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 6 para. 23(4) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
F405Words in Sch. 4 para. 7 substituted (18.12.1995) by Child Support Act 1995 (c. 34), ss. 17(2), 30(4); S.I. 1995/3262, art. 2, Sch. Pt. 1
Modifications etc. (not altering text)
C87Sch. 4 para. 7: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C88Sch. 4 para. 7 functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12
C89Sch. 4 para. 7: transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)
8U.K.In its application to Northern Ireland this Schedule shall have effect as if—
(a)for any reference to a Child Support Commissioner (however expressed) there were substituted a corresponding reference to a Child Support Commissioner for Northern Ireland;
(b)in paragraph 2(1), the word “pensions” were omitted;
[F406(aa)paragraph 1(3) were omitted;]
[F407(ab)paragraph 1(3A) and (3B) were omitted;]
[F408(bb)paragraph 2A were omitted;]
(c)for paragraph 3, there were substituted—
“3A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.”;
(d)in paragraph 4—
(i)for paragraph (a) of sub-paragraph (2) there were substituted—
“(a)from among persons who are barristers or solicitors of not less than [F4097] years’ standing; and”;
(ii)for sub-paragraph (3) there were substituted—
“(3)Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.”; and
(e)[F410paragraphs 4A] to 7 were omitted.
Textual Amendments
F406Sch. 4 para. 8(aa) inserted (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 12 para. 47; S.R. 2006/124, art. 2, Sch. para. 10(a)
F407Sch. 4 para. 8(ab) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 221(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)
F408Sch. 4 para. 8(bb) inserted (18.12.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 18(2); S.I. 1995/3262, art. 2, Sch. Pt. 1
F409Figure in Sch. 4 para. 8(d)(i) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 22(5); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F410Words in Sch. 4 para. 8(e) substituted (18.12.1995) by Child Support Act 1995 (c. 34), ss. 17(3), 30(4); S.I. 1995/3262, art. 2, Sch. Pt. 1
Textual Amendments
F411Sch. 4A 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(1), 86(1)(a)(2), Sch. 2 Pt. I (with ss. 28, 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
Modifications etc. (not altering text)
C90Sch. 4A modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 8(1)
1U.K.In this Schedule, “regulations” means regulations made by the Secretary of State.
2U.K.Regulations may make provision—
(a)as to the procedure to be followed in considering an application for a variation;
(b)as to the procedure to be followed when an application for a variation is referred to an appeal tribunal under section 28D(1)(b).
3U.K.Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.
4U.K.If any information which is required (by regulations under this Act) to be furnished to the [F412Commission] in connection with an application for a variation has not been furnished within such period as may be prescribed, the [F412Commission] may nevertheless proceed to consider the application.
Textual Amendments
F412Word in Sch. 4A para. 4 substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 53; S.I. 2008/2675, art. 3(b)
5(1)Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.U.K.
F413(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)An appeal tribunal considering an application for a variation under section 28D(1)(b) may consider it at the same time as an appeal under section 20 in connection with an interim maintenance decision, if it considers that to be appropriate.]
Textual Amendments
F413Sch. 4A para. 5(2) 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)
Textual Amendments
F414Sch. 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.
Modifications etc. (not altering text)
C91Sch. 4B modified (31.1.2001) by The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 (S.I. 2000/3173), regs. 1(1), 2, 8(2)-(5)
1(1)The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part.U.K.
(2)In this Schedule “applicant” means the person whose application for a variation is being considered.
2(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 F415... ;
(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 F416... —
(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 F417... ;
(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 F418... 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
F415Words 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)
F416Words 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)
F417Words 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)
F418Words 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)
3(1)A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—U.K.
(a)a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or
(b)an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.
(2)The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—
(a)the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or
(b)no amount was payable by the non-resident parent by way of maintenance.
(3)For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.
4(1)The Secretary of State may by regulations prescribe other cases in which a variation may be agreed.U.K.
(2)Regulations under this paragraph may, for example, make provision with respect to cases where—
(a)the non-resident parent has assets which exceed a prescribed value;
(b)a person’s lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;
(c)a person has income which is not taken into account in such a calculation;
(d)a person has unreasonably reduced the income which is taken into account in such a calculation.
5(1)The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.U.K.
(2)No variations may be made other than those which are permitted by the regulations.
(3)Regulations under this paragraph may, in particular, make provision for a variation to result in—
(a)a person’s being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;
(b)a person’s being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.
(4)Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.
(5)Any regulations under this paragraph may in particular make different provision with respect to different levels of income.
6U.K.The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).]
Section 83.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F419Sch. 4C repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F420Sch. 4C (as originally enacted) amended (14.7.2008 for specified purposes) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(34)(c); S.I. 2008/1476, art. 2(3)(b)(4)(5)
Section 58(13).
F4211U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F421Sch. 5 para. 1 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), s. 18(2), 19(2), Sch. 4 Pt.I
F4222U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F422Sch. 5 para. 2 repealed (2.12.1999) by Northern Ireland Act 1998 (c. 47), ss. 100(2), 101(3), Sch. 15 (with s. 95, Sch. 14); S.I. 1999/3209, art. 2, Sch.
3(1)The House of Commons Disqualification Act 1975 shall be amended as follows.U.K.
(2)In Part I [F423of Schedule 1] (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “ Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ” “ Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ”
F424(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F423Words in Sch. 5 para. 3(2) inserted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 19(1); S.I. 1995/2302, art. 2, Sch. Pt. 1
F424Sch. 5 para. 3(3) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)
4(1)In Part I of [F425Schedule 1 to] the Northern Ireland Assembly Disqualification Act 1975 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “ Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ” “ Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ”U.K.
Textual Amendments
F425Words in Sch. 5 para. 4(1) inserted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 19(3); S.I. 1995/2302, art. 2, Sch. Pt. 1
5E+W+SIn section 4 (amount of aliment) of the Family Law (Scotland) Act 1985, at the end there shall be added—
“(4)Where a court makes an award of aliment in an action brought by or on behalf of a child under the age of 16 years, it may include in that award such provision as it considers to be in all the circumstances reasonable in respect of the expenses incurred wholly or partly by the person having care of the child for the purpose of caring for the child.”
6(1)The Bankruptcy (Scotland) Act 1985 shall be amended as follows.E+W+S
(2)In section 32 (vesting of estate and dealings of debtor after sequestration)—
(a)in subsection (3)—
(i)after paragraph (b) there shall be inserted—
“(c)any obligation of his to pay child support maintenance under the Child Support Act 1991,”;
(ii)after “relevant obligations” where second occurring there shall be inserted “ referred to in paragraphs (a) and (b) above ”;
(b)in subsection (5) after “Diligence” there shall be inserted “ (which, for the purposes of this section, includes the making of a deduction from earnings order under the Child Support Act 1991) ”.
(3)In section 37 (effect of sequestration on diligence), in subsection (5A) for “or a conjoined arrestment order” there is substituted “ , a conjoined arrestment order or a deduction from earnings order under the Child Support Act 1991 ”.
(4)In section 55 (effect of discharge under section 54), in subsection (2)(d)—
(a)after “being” there shall be inserted “ (i) ”;
(b)at the end there shall be inserted— “or
(ii)child support maintenance within the meaning of the Child Support Act 1991 which was unpaid in respect of any period before the date of sequestration of—
(aa)any person by whom it was due to be paid; or
(bb)any employer by whom it was, or was due to be, deducted under section 31(5) of that Act.”.
7E+W+N.I.In section 281(5)(b) of the Insolvency Act 1986 (effect of discharge of bankrupt), after “family proceedings” there shall be inserted “ or under a [F3maintenance calculation] made under the Child Support Act 1991 ”.
Textual Amendments
F3Words 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.
8(1)The Debtors (Scotland) Act 1987 shall be amended as follows.E+W+S
(2)In section 1(5) (time to pay directions not competent in certain cases) after paragraph (c) there shall be inserted—
“(cc)in connection with a liability order within the meaning of the Child Support Act 1991;”.
(3)In section 15(3) (interpretation of Part I), in the definition of “decree or other document”, after “maintenance order” there shall be inserted “ , a liability order within the meaning of the Child Support Act 1991 ”.
(4)In section 54(1) (maintenance arrestment to be preceded by default) in paragraph (c) for “the aggregate of 3 instalments” there shall be substituted “ one instalment ”.
(5)In section 72 (effect of sequestration on diligence against earnings)—
(a)in subsection (2) after “order” there shall be inserted “ or deduction from earnings order under the Child Support Act 1991 ”;
(b)after subsection (3) there shall be inserted—
“(3A)Any sum deducted by the employer under such a deduction from earnings order made before the date of sequestration shall be paid to the Secretary of State, notwithstanding that the date of payment will be after the date of sequestration.”;
(c)after subsection (4) there shall be inserted—
“(4A)A deduction from earnings order under the said Act shall not be competent after the date of sequestration to secure the payment of any amount due by the debtor under a [F3maintenance calculation] within the meaning of that Act in respect of which a claim could be made in the sequestration.”.
(6)In section 73(1) (interpretation of Part III), in the definition of “net earnings”,
(a)in paragraph (c) for “within the meaning of the Wages Councils Act 1979” there shall be substituted “, namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—
(i)to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or
(ii)to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,
whether with or without any further or other benefit; ”; and
(b)at the end there shall be added—
“(d)any amount deductible by virtue of a deduction from earnings order which, in terms of regulations made under section 32(4)(c) of the Child Support Act 1991, is to have priority over diligences against earnings.”
(7)In section 106 (interpretation) in the definition of “maintenance order”—
(a)the word “or” where it appears after paragraph (g), shall be omitted; and
(b)at the end there shall be inserted “or
(j)a [F3maintenance calculation] within the meaning of the Child Support Act 1991.”.
Textual Amendments
F3Words 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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: