Child Support Act 1991

29 Collection of child support maintenance. E+W+S

(1) The [F1 Commission] may arrange for the collection of any child support maintenance payable in accordance with a [F2 maintenance calculation] where—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an application has been made to the [F1 Commission] under section 4(2) or 7(3) for [F4 it] to arrange for its collection.

(2) Where a [F2 maintenance calculation] is made under this Act, payments of child support maintenance under the [F5 calculation] shall be made in accordance with regulations made by the Secretary of State.

(3) The regulations may, in particular, make provision—

(a) for payments of child support maintenance to be made—

(i) to the person caring for the child or children in question;

(ii) to, or through, the [F6 Commission]; or

(iii) to, or through, such other person as the [F6 Commission] may, from time to time, specify;

(b) as to the method by which payments of child support maintenance are to be made;

(c) as to the intervals at which such payments are to be made;

(d) as to the method and timing of the transmission of payments which are made, to or through the [F6 Commission] or any other person, in accordance with the regulations;

(e) empowering the [F6 Commission] to direct any person liable to make payments in accordance with the [F5 calculation]—

(i) to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;

(ii) to open an account from which payments under the [F5 calculation] may be made in accordance with the method of payment which that person is obliged to adopt;

(f) providing for the making of representations with respect to matters with which the regulations are concerned.

[F7 (4) If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—

(a) for that method of payment not to be used in any case where there is good reason not to use it; and

(b) for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.

(5) On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.

(6) Regulations under subsection (4)(b) may include—

(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b) provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.

(7) If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—

(a) prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

(b) prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.]

Textual Amendments

F1 Word in s. 29(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 32(2)(a); S.I. 2008/2675, art. 3(b) (with art. 4)

F2 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3 S. 29(1)(a) 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)

F4 Word in s. 29(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 32(2)(b); S.I. 2008/2675, art. 3(b) (with art. 4)

F5 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.

F6 Word in s. 29(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 32(3); S.I. 2008/2675, art. 3(b) (with art. 4)

F7 S. 29(4)-(7) inserted (26.9.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 20, 62(3); S.I. 2008/2548, art. 2(a)

Modifications etc. (not altering text)

C1 S. 29 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch.2

C2 Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))

C3 S. 29(2)(3) applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3; s. 29(2)(3) applied (with modifications) (S.) (5.4.1993) by S.I. 1992/2643, reg.4

Commencement Information

I1 S. 29 wholly in force; s. 29 not in force at Royal Assent see s. 58(2); s. 29(2)(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 29 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2