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Child Support Act 1991
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Changes over time for: Section 55
Version Superseded: 08/10/2012
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- 17/06/1992- Amendment
- 05/12/2005- Amendment
- 05/12/2005
Point in time - 08/10/2012- Amendment
- 10/12/2012- Amendment
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Child Support Act 1991, Section 55 is up to date with all changes known to be in force on or before 17 November 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.
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55 Meaning of “child”.E+W+S
(1)For the purposes of this Act a person is a child if—
(a)he is under the age of 16;
(b)he is under the age of 19 and receiving full-time education (which is not advanced education)—
(i)by attendance at a recognised educational establishment; or
(ii)elsewhere, if the education is recognised by the Secretary of State; or
(c)he does not fall within paragraph (a) or (b) but—
(i)he is under the age of 18, and
(ii)prescribed conditions are satisfied with respect to him.
(2)A person is not a child for the purposes of this Act if he—
(a)is or has been married [F1or a civil partner];
(b)has celebrated a marriage[F2, or been a party to a civil partnership,] which is void; or
(c)has celebrated a marriage in respect of which a decree of nullity has been granted [F3or has been a party to a civil partnership in respect of which a nullity order has been made].
(3)In this section—
“advanced education” means education of a prescribed description; and
“recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this section as being, or as comparable to, a university, college or school.
(4)Where a person has reached the age of 16, the Secretary of State may recognise education provided for him otherwise than at a recognised educational establishment only if the Secretary of State is satisfied that education was being so provided for him immediately before he reached the age of 16.
(5)The Secretary of State may provide that in prescribed circumstances education is or is not to be treated for the purposes of this section as being full-time.
(6)In determining whether a person falls within subsection (1)(b), no account shall be taken of such interruptions in his education as may be prescribed.
(7)The Secretary of State may by regulations provide that a person who ceases to fall within subsection (1) shall be treated as continuing to fall within that subsection for a prescribed period.
(8)No person shall be treated as continuing to fall within subsection (1) by virtue of regulations made under subsection (7) after the end of the week in which he reaches the age of 19.
Textual Amendments
F1Words in s. 55(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 3(a); S.I. 2005/3175, art. 2(1), Sch. 1
F2Words in s. 55(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 3(b); S.I. 2005/3175, art. 2(1), Sch. 1
F3Words in s. 55(2)(c) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 3(c); S.I. 2005/3175, art. 2(1), Sch. 1
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