- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Where a person who is alleged to be a parent of the child with respect to whom an application for a maintenance assessment has been made (“the alleged parent”) denies that he is one of the child’s parents, the child support officer concerned shall not make a maintenance assessment 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 —
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 [1990 c. 37.] Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors).
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 56 of the [1986 c. 55.] Family Law Act 1986 (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
Where—
a declaration to the effect that the alleged parent is one of the parents of the child in question has been made under section 27; and
the child has not subsequently been adopted.
Case E
Where—
the child is habitually resident in Scotland;
the child support officer is satisfied that one or other of the presumptions set out in section 5(1) of the [1986 c. 9.] Law Reform (Parent and Child) (Scotland) Act 1986 applies; and
the child has not subsequently been adopted.
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 [1968 c. 64.] Civil Evidence Act 1968; 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 [1976 c. 36.] Adoption Act 1976 or, in relation to Scotland, Part IV of the [1978 c. 28.] Adoption (Scotland) Act 1978; and
“affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: