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Child Support Act 1991

Status:

Point in time view as at 05/12/2005.

Changes to legislation:

Child Support Act 1991 is up to date with all changes known to be in force on or before 16 December 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. Help about Changes to Legislation

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SCHEDULES

Section 11.

SCHEDULE 1E+W+S Maintenance [F1Calculations]

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.

[F2PART IE+W+S Calculation of weekly amount of child support maintenance

Textual Amendments

F2Sch. 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)

C1Sch. 1 para. 6 (as originally enacted) amended (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 paras. 4, 5; S.I. 2005/3175, art. 2(1), Sch. 1

General ruleE+W+S

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.

Basic rateE+W+S

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.

Reduced rateE+W+S

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.

Flat rateE+W+S

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.

Nil rateE+W+S

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.

ApportionmentE+W+S

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.

Shared care—basic and reduced rateE+W+S

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 Secretary of State 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 nightsFraction to subtract
52 to 103One-seventh
104 to 155Two-sevenths
156 to 174Three-sevenths
175 or moreOne-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.

Modifications etc. (not altering text)

Shared care—flat rateE+W+S

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)

Regulations about shared careE+W+S

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.

Net weekly incomeE+W+S

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 Secretary of State to estimate any income or make an assumption as to any fact where, in his view, the information at his 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.

Regulations about rates, figures, etc.E+W+S

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.

Regulations about incomeE+W+S

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 Secretary of State 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 Secretary of State;

(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.

References to various termsE+W+S

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.

[F3(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.]

[F3(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

F3Sch. 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

Part IIE+W+S General Provisions About Maintenance [F1Calculations]

Effective date of [F1calculation] E+W+S

11(1)A [F4maintenance 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

Form of [F1calculation]E+W+S

12E+W+SEvery [F4maintenance calculation] shall be made in such form and contain such information as the Secretary of State may direct.

Textual Amendments

Assessments where amount of child support is nilE+W+S

F513E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consolidated applications and [F1calculations]E+W+S

14[F6(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 [F4maintenance calculation] made on the application of one person by a later [F4maintenance calculation] made on the application of that or any other person.

[F7(2)In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.]

Textual Amendments

F6Sch. 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.

Separate [F1calculations] for different periodsE+W+S

15E+W+SWhere [F8the Secretary of State] is satisfied that the circumstances of a case require different amounts of child support maintenance to be assessed in respect of different periods, he may make separate maintenance [F1calculations] each expressed to have effect in relation to a different specified period.

Textual Amendments

F8Words 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)

Termination of [F1calculations]E+W+S

16(1)A [F4maintenance calculation] shall cease to have effect—E+W+S

(a)on the death of the [F9non-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 [F9non-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;

F10(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A person with care with respect to whom a [F4maintenance calculation] is in force shall provide the Secretary of State with such information, in such circumstances, as may be prescribed, with a view to assisting the Secretary of State F12... in determining whether the [F1calculation] has ceased to have effect F13...

(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

F9Words 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.

Commencement Information

I1Sch. 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).

SCHEDULE 2U.K. Provision of Information to Secretary of State

Inland Revenue recordsU.K.

1(1)This paragraph applies where the Secretary of State or the Department of Health and Social Services for Northern Ireland requires information for the purpose of tracing—U.K.

(a)the current address of [F9a non-resident parent]; or

(b)the current employer of [F9a non-resident parent].

(2)In such a case, no obligation as to secrecy imposed by statute or otherwise on [F14a Revenue and Customs official] shall prevent any information obtained or held in connection with the assessment or collection of income tax from being disclosed to —

(a)the Secretary of State;

(b)the Department of Health and Social Services for Northern Ireland; or

(c)an officer of either of them authorised to receive such information in connection with the operation of this Act or of any corresponding Northern Ireland legislation.

(3)This paragraph extends only to disclosure by or under the authority of [F15the Commissioners for Her Majesty’s Revenue and Customs].

(4)Information which is the subject of disclosure to any person by virtue of this paragraph shall not be further disclosed to any person except where the further disclosure is made—

(a)to a person to whom disclosure could be made by virtue of sub-paragraph (2); or

(b)for the purposes of any proceedings (civil or criminal) in connection with the operation of this Act or of any corresponding Northern Ireland legislation.

Textual Amendments

F9Words 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.

[F161A(1)This paragraph applies to any information which—U.K.

(a)relates to any earnings or other income of [F9a non-resident parent] in respect of a tax year in which he is or was a self-employed earner, and

(b)is required by the Secretary of State or the Department of Health and Social Services for Northern Ireland for any purposes of this Act [F17or any corresponding Northern Ireland legislation].

(2)No obligation as to secrecy imposed by statute or otherwise on [F14a Revenue and Customs official] shall prevent any such information obtained or held in connection with the assessment or collection of income tax from being disclosed to—

(a)the Secretary of State;

(b)the Department of Health and Social Services for Northern Ireland; or

(c)an officer of either of them authorised to receive such information in connection with the operation of this Act [F17or any corresponding Northern Ireland legislation].

(3)This paragraph extends only to disclosure by or under the authority of [F15the Commissioners for Her Majesty’s Revenue and Customs].

(4)Information which is the subject of disclosure to any person by virtue of this paragraph shall not be further disclosed to any person except where the further disclosure is made—

(a)to a person to whom disclosure could be made by virtue of sub-paragraph (2); or

(b)for the purposes of any proceedings (civil or criminal) in connection with the operation of this Act [F18or any corresponding Northern Ireland legislation].

(5)For the purposes of this paragraph “self-employed earner” and “tax year” have the same meaning as in Parts I to VI of the Social Security Contributions and Benefits Act 1992 [F19or, in relation to Northern Ireland, the Social Security Contributions and Benefits (Northern Ireland) Act 1992].]

Textual Amendments

F9Words 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.

F16Sch. 2 para. 1A inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 80, 89(4)(d)

Local authority recordsU.K.

F202U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F213U.K.In this Schedule “Revenue and Customs official” has the same meaning as in section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality).]

Textual Amendments

Section 21(4).

F22SCHEDULE 3E+W+S Child Support Appeal Tribunals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 22(5).

SCHEDULE 4U.K. Child Support Commissioners

Tenure of officeU.K.

1(1)Every Child Support Commissioner shall vacate his office [F23on 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.

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A Child Support Commissioner may be removed from office by the Lord Chancellor on the ground of misbehaviour or incapacity.

Textual Amendments

Commissioners’ remuneration and their pensionsU.K.

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.

[F25(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

[F26Expenses of other personsU.K.

Textual Amendments

F26Sch. 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[F27(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

Modifications etc. (not altering text)

C5Sch. 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)

Commissioners barred from legal practiceU.K.

3U.K.Section 75 of the M1Courts 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

Deputy Child Support CommissionersU.K.

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 have a 10 year general qualification or are advocates or solicitors in Scotland of 10 years’ standing; and

(b)[F28subject to sub-paragraph (2A)] for such period or on such occasions as the Lord Chancellor thinks fit.

[F29(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

[F30Determination of questions by other officersU.K.

Textual Amendments

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).]

Tribunals of CommissionersU.K.

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) [F31that— 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 [F32that the application or appeal] be dealt with by a tribunal consisting of any three [F33or 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[F34; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided].

[F35(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

F31Words 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)

F32Words 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)

F34Words 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)

Finality of decisionsU.K.

6(1)Subject to section 25, the decision of any Child Support Commissioner shall be final.U.K.

[F36(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

F36Sch. 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)

Consultation with Lord AdvocateU.K.

7U.K.Before exercising any of his powers under [F37paragraph 1(3)], [F384(1) or (2)(b) or 4A(1)], the Lord Chancellor shall consult the Lord Advocate.

Textual Amendments

F38Words 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)

C7Sch. 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

C8Sch. 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)

Northern IrelandU.K.

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;

[F39(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 10 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)[F40paragraphs 4A] to 7 were omitted.

Textual Amendments

F40Words 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

[F41SCHEDULE 4AU.K.Applications for a variation

Textual Amendments

F41Sch. 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)

InterpretationU.K.

1U.K.In this Schedule, “regulations” means regulations made by the Secretary of State.

Applications for a variationU.K.

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).

Completion of preliminary considerationU.K.

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.

InformationU.K.

4U.K.If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to consider the application.

Joint consideration of applications for a variation and appealsU.K.

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.

(2)In sub-paragraph (1), the reference to an application for a maintenance calculation includes an application treated as having been made under section 6.

(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.]

[F42SCHEDULE 4BU.K.Applications for a variation: The Cases and Controls

Textual Amendments

F42Sch. 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)

Part IU.K.The Cases

GeneralU.K.

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.

Special expensesU.K.

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 (or treated as made);

(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 (or treated as having been applied for)—

(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 (or treated as made);

(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 (or treated as made) 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.

Property or capital transfersU.K.

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.

Additional casesU.K.

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.

Part IIU.K.Regulatory Controls

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.

F43SCHEDULE 4CU.K.Decisions and Appeals: Departure Directions and Reduced Benefit Directions etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 58(13).

SCHEDULE 5U.K. Consequential Amendments

The Tribunals and Inquiries Act 1971 (c.62)U.K.

F441U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44Sch. 5 para. 1 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), s. 18(2), 19(2), Sch. 4 Pt.I

The Northern Ireland Constitution Act 1973 (c. 36)U.K.

F452U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

3(1)The House of Commons Disqualification Act 1975 shall be amended as follows.U.K.

(2)In Part I [F46of 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). ”

F47(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46Words 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

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

4(1)In Part I of [F48Schedule 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

F48Words 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

The Family Law (Scotland) Act 1985 (c.37)E+W+S

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.”

Bankruptcy (Scotland) Act 1985 (c.66)E+W+S

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.”.

The Insolvency Act 1986 (c.45)E+W+N.I.

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 [F4maintenance calculation] made under the Child Support Act 1991 ”.

Textual Amendments

The Debtors (Scotland) Act 1987 (c.18)E+W+S

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 [F4maintenance 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 [F4maintenance calculation] within the meaning of the Child Support Act 1991.”.

Textual Amendments

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