Search Legislation

Child Support Act 1991

Changes to legislation:

Child Support Act 1991 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

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.

  1. Introductory Text

  2. The basic principles

    1. 1. The duty to maintain.

    2. 2. Welfare of children: the general principle.

    3. 3. Meaning of certain terms used in this Act.

    4. 4. Child support maintenance.

    5. 5. Child support maintenance: supplemental provisions.

    6. 6. Applications by those receiving benefit.

    7. 7. Right of child in Scotland to apply for assessment.

    8. 8. Role of the courts with respect to maintenance for children.

    9. 9. Agreements about maintenance.

    10. 10. Relationship between maintenance assessments and certain court orders and related matters.

  3. Maintenance assessments

    1. 11. Maintenance assessments.

    2. 12. Interim maintenance assessments.

  4. Child support officers

    1. 13. Child support officers.

  5. Information

    1. 14. Information required by Secretary of State.

    2. 15. Powers of inspectors.

  6. Reviews and appeals

    1. 16. Periodical reviews.

    2. 17. Reviews on change of circumstances.

    3. 18. Reviews of decisions of child support officers.

    4. 19. Reviews at instigation of child support officers.

    5. 20. Appeals.

    6. 20A. Lapse of appeals.

    7. 21. Child support appeal tribunals.

    8. 22. Child Support Commissioners.

    9. 23. Child Support Commissioners for Northern Ireland.

    10. 24. Appeal to Child Support Commissioner.

    11. 25. Appeal from Child Support Commissioner on question of law.

    12. 26. Disputes about parentage.

    13. 27. Reference to court for declaration of parentage.

    14. 27A. Recovery of fees for scientific tests.

    15. 28. Power of Secretary of State to initiate or defend actions of declarator: Scotland.

  7. Collection and enforcement

    1. 29. Collection of child support maintenance.

    2. 30. Collection and enforcement of other forms of maintenance.

    3. 31. Deduction from earnings orders.

    4. 32. Regulations about deduction from earnings orders.

    5. 33. Liability orders.

    6. 34. Regulations about liability orders.

    7. 35. Enforcement of liability orders by distress.

    8. 36. Enforcement in county courts.

    9. 37. Regulations about liability orders: Scotland.

    10. 38. Enforcement of liability orders by diligence: Scotland.

    11. 39. Liability orders: enforcement throughout United Kingdom.

    12. 40. Commitment to prison.

    13. 41. Arrears of child support maintenance.

    14. 41B. Repayment of overpaid child support maintenance.

  8. Special cases

    1. 42. Special cases.

    2. 43. Contribution to maintenance by deduction from benefit.

  9. Jurisdiction

    1. 44. Jurisdiction.

    2. 45. Jurisdiction of courts in certain proceedings under this Act.

  10. Miscellaneous and supplemental

    1. 46. Failure to comply with obligations imposed by section 6.

    2. 47. Fees.

    3. 48. Right of audience.

    4. 49. Right of audience: Scotland.

    5. 50. Unauthorised disclosure of information.

    6. 51. Supplementary powers to make regulations.

    7. 52. Regulations and orders.

    8. 53. Financial provisions.

    9. 54. Interpretation.

    10. 55. Meaning of “child”.

    11. 56. Corresponding provision for and co-ordination with Northern Ireland.

    12. 57. Application to Crown.

    13. 58. Short title, commencement and extent, etc.

  11. SCHEDULES

    1. SCHEDULE 1

      Maintenance Assessments

      1. Part I Calculation of Child Support Maintenance

        1. The maintenance requirement

          1. 1.(1) In this Schedule “the maintenance requirement” means the amount,...

        2. The general rule

          1. 2.(1) In order to determine the amount of any maintenance...

        3. The basic element

          1. 3.(1) The basic element shall be calculated by applying the...

        4. The additional element

          1. 4.(1) Subject to sub-paragraph (2), the additional element shall be...

        5. Assessable income

          1. 5.(1) The assessable income of an absent parent shall be...

        6. Protected income

          1. 6.(1) This paragraph applies where— (a) one or more maintenance...

        7. The minimum amount of child support maintenance

          1. 7.(1) The Secretary of State may prescribe a minimum amount...

        8. Housing costs

          1. 8.Where regulations under this Schedule require a child support officer...

        9. Regulations about income and capital

          1. 9.The Secretary of State may by regulations provide that, in...

        10. References to qualifying children

          1. 10.References in this Part of this Schedule to “qualifying children”...

      2. Part II General Provisions About Maintenance Assessments

        1. Effective date of assessment

          1. 11.(1) A maintenance assessment shall take effect on such date...

        2. Form of assessment

          1. 12.Every maintenance assessment shall be made in such form and...

        3. Assessments where amount of child support is nil

          1. 13.A child support officer shall not decline to make a...

        4. Consolidated applications and assessments

          1. 14.The Secretary of State may by regulations provide—

        5. Separate assessments for different periods

          1. 15.Where a child support officer is satisfied that the circumstances...

        6. Termination of assessments

          1. 16.(1) A maintenance assessment shall cease to have effect—

    2. SCHEDULE 2

      Provision of Information to Secretary of State

      1. Inland Revenue records

        1. 1.(1) This paragraph applies where the Secretary of State or...

      2. Local authority records

        1. 2.(1) This paragraph applies where— (a) the Secretary of State...

    3. SCHEDULE 3

      Child Support Appeal Tribunals

      1. The President

        1. 1.(1) The person appointed . . . as President of...

      2. Membership of child support appeal tribunals

        1. 2.(1) A child support appeal tribunal shall consist of a...

      3. The chairmen

        1. 3.(1) The chairman of a child support appeal tribunal shall...

        2. 4.(1) The Lord Chancellor may appoint regional and other full-time...

      4. Other members of child support appeal tribunals

        1. 5.(1) The members of a child support appeal tribunal other...

      5. Clerks of tribunals

        1. 6.(1) Each child support appeal tribunal shall be serviced by...

      6. Expenses of tribunal members and others

        1. 7.(1) The Secretary of State may pay—

      7. Consultation with Lord Advocate

        1. 8.Before exercising any of his powers under paragraph 3(3) or...

    4. SCHEDULE 4

      Child Support Commissioners

      1. Tenure of office

        1. 1.(1) Every Child Support Commissioner shall vacate his office on...

      2. Commissioners’ remuneration and their pensions

        1. 2.(1) The Lord Chancellor may pay, or make such payments...

      3. Expenses of other persons

        1. 2A.(1) The Secretary of State may pay to any person...

      4. Commissioners barred from legal practice

        1. 3.Section 75 of the Courts and Legal Services Act 1990...

      5. Deputy Child Support Commissioners

        1. 4.(1) The Lord Chancellor may appoint persons to act as...

      6. Determination of questions by other officers

        1. 4A.(1) The Lord Chancellor may by regulations provide—

      7. Tribunals of Commissioners

        1. 5.(1) If it appears to the Chief Child Support Commissioner...

      8. Finality of decisions

        1. 6.(1) Subject to section 25, the decision of any Child...

      9. Consultation with Lord Advocate

        1. 7.Before exercising any of his powers under paragraph 1(3), 4(1)...

      10. Northern Ireland

        1. 8.In its application to Northern Ireland this Schedule shall have...

    5. SCHEDULE 5

      Consequential Amendments

      1. The Tribunals and Inquiries Act 1971 (c.62)

        1. 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. The Northern Ireland Constitution Act 1973 (c. 36)

        1. 2.In paragraph 9 of Schedule 2 to the Northern Ireland...

      3. The House of Commons Disqualification Act 1975 (c.24)

        1. 3.(1) The House of Commons Disqualification Act 1975 shall be...

      4. The Northern Ireland Assembly Disqualification Act 1975 (c.25)

        1. 4.(1) In Part I of Schedule 1 to the Northern...

      5. The Family Law (Scotland) Act 1985 (c.37)

        1. 5.In section 4 (amount of aliment) of the Family Law...

      6. Bankruptcy (Scotland) Act 1985 (c.66)

        1. 6.(1) The Bankruptcy (Scotland) Act 1985 shall be amended as...

      7. The Insolvency Act 1986 (c.45)

        1. 7.In section 281(5)(b) of the Insolvency Act 1986 (effect of...

      8. The Debtors (Scotland) Act 1987 (c.18)

        1. 8.(1) The Debtors (Scotland) Act 1987 shall be amended as...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources