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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 12 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  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.Revision of decisions

    2. 17.Decisions superseding earlier decisions

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

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

    5. 20.Appeals to appeal tribunals

    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. Decisions and appeals dependent on other cases

    1. 28ZA.Decisions involving issues that arise on appeal in other cases

    2. 28ZB.Appeals involving issues that arise on appeal in other cases

  8. Cases of error

    1. 28ZC.Restrictions on liability in certain cases of error

    2. 28ZD.Correction of errors and setting aside of decisions

  9. Departure from usual rules for determining maintenance assessments

    1. 28A. Application for a departure direction.

    2. 28B. Preliminary consideration of applications.

    3. 28C. Imposition of a regular payments condition.

    4. 28D. Determination of applications.

    5. 28E. Matters to be taken into account.

    6. 28F. Departure directions.

    7. 28G. Effect and duration of departure directions.

    8. 28H.Departure directions: decisions and appeals

    9. 28I. Transitional provisions.

  10. 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.

  11. Special cases

    1. 42. Special cases.

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

  12. Jurisdiction

    1. 44. Jurisdiction.

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

  13. Miscellaneous and supplemental

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

    2. 46A.Finality of decisions

    3. 46B.Matters arising as respects decisions

    4. 47. Fees.

    5. 48. Right of audience.

    6. 49. Right of audience: Scotland.

    7. 50. Unauthorised disclosure of information.

    8. 51. Supplementary powers to make regulations.

    9. 52. Regulations and orders.

    10. 53. Financial provisions.

    11. 54. Interpretation.

    12. 55. Meaning of “child”.

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

    14. 57. Application to Crown.

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

  14. 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 4A

      Departure Directions

      1. Interpretation

        1. 1.In this Schedule— “ departure application ” means an application...

      2. Applications for departure directions

        1. 2.Regulations may make provision— (a) as to the procedure to...

      3. Completion of preliminary consideration

        1. 3.Regulations may provide for determining when the preliminary consideration of...

      4. Information

        1. 4.(1) Regulations may make provision for the use for any...

      5. Anticipation of change of circumstances

        1. 5.(1) A departure direction may be given so as to...

      6. Reviews and departure directions

        1. 6.Regulations may make provision— (a) with respect to cases in...

      7. Subsequent departure directions

        1. 7.(1) Regulations may make provision with respect to any departure...

      8. Joint consideration of departure applications and appeals

        1. 8.(1) Regulations may provide for two or more departure applications...

      9. Child support appeal tribunals

        1. 9.(1) Regulations may provide that, in prescribed circumstances, where—

      10. Current assessments which are replaced by fresh assessments

        1. 10.Regulations may make provision as to the circumstances in which...

    6. SCHEDULE 4B

      Departure Directions: The Cases and Controls

      1. Part I The Cases

        1. General

          1. 1.(1) The cases in which a departure direction may be...

        2. Special expenses

          1. 2.(1) A departure direction may be given with respect to...

        3. Property or capital transfers

          1. 3.(1) A departure direction may be given if—

          2. 4.(1) A departure direction may be given if—

        4. Additional cases

          1. 5.(1) The Secretary of State may by regulations prescribe other...

      2. Part II Regulatory Controls

        1. 6.(1) The Secretary of State may by regulations make provision...

    7. SCHEDULE 4C

      Decisions and Appeals: Departure Directions and Reduced Benefit Directions etc.

      1. Revision of decisions

        1. 1.Section 16 shall apply in relation to—

      2. Decisions superseding earlier decisions

        1. 2.(1) Section 17 shall apply in relation to—

      3. Appeals to appeal tribunals

        1. 3.(1) Subject to sub-paragraphs (2) and (3), section 20 shall...

      4. Decisions and appeals dependent on other cases

        1. 4.(1) Section 28ZA shall also apply where—

        2. 5.(1) Section 28ZB shall also apply where—

      5. Cases of error

        1. 6.(1) Subject to sub-paragraph (2) below, section 28ZC shall also...

    8. 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...

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