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Child Support Act 1991

Changes over time for: Section 42

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42 Special cases.E+W+S

(1)The Secretary of State may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Act.

(2)Those regulations may, for example, provide for the following to be special cases—

(a)each parent of a child is [F1a non-resident parent] in relation to the child;

(b)there is more than one person who is a person with care in relation to the same child;

(c)there is more than one qualifying child in relation to the same [F1non-resident parent] but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;

(d)a person is [F1a non-resident parent] in relation to more than one child and the other parent of each of those children is not the same person;

(e)the person with care has care of more than one qualifying child and there is more than one [F1non-resident parent] in relation to those children;

(f)a qualifying child has his home in two or more separate households;

[F2(g)the same persons are the parents of two or more children and each parent is—

(i)a non-resident parent in relation to one or more of the children, and

(ii)a person with care in relation to one or more of the children.]

(3)The Secretary of State may by regulations make provision with respect to special cases.

(4)Regulations made under subsection (3) may, in particular—

(a)modify any provision made by or under this Act, in its application to any special case or any special case falling within a prescribed category;

(b)make new provision for any such case; or

(c)provide for any prescribed provision made by or under this Act not to apply to any such case.

Textual Amendments

F1Words 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.

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