Child Support Act 1991

Maintenance [F1 calculations] E+W+S

Textual Amendments

F1 Word 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.

[F2 11F3 Maintenance calculations. E+W+S

(1) An application for a maintenance calculation made to the Secretary of State shall be dealt with by him in accordance with the provision made by or under this Act.

(2) The Secretary of State shall (unless he 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.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (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 Secretary of State has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis he determines under section 28F(4).

(8) Part II of Schedule 1 makes further provision with respect to maintenance calculations.]

Textual Amendments

F2 S. 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.

F3 S. 11 (as originally enacted) amended (14.7.2008 for specified purposes) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(34)(a); S.I. 2008/1476, art.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)

F4 S. 11(3)-(5) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

[F5 12 Default and interim maintenance decisions. E+W+S

(1) Where the Secretary of State—

(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 him that he does not have sufficient information to enable him to do so, he 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 F6 ... , the Secretary of State 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

F5 S. 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.

F6 Words 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)