11E+W+SThe Child Support Act 1991 shall be amended as follows.
12E+W+SIn section 26(2) (cases where Secretary of State may make maintenance calculation despite denial of parentage), in Case C (where there has been a declaration under section 56 of the M1Family Law Act 1986), after “section” there shall be inserted “55A or”.
Marginal Citations
13E+W+SFor section 27 (declarations of parentage) there shall be substituted—
(1)This section applies where—
(a)an application for a maintenance calculation has been made (or is treated as having been made), or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made or treated as made;
(b)the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and
(c)the Secretary of State or the person with care makes an application for a declaration under section 55A of the M2Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.
(2)Where this section applies—
(a)if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and
(b)if it is the Secretary of State who makes the application, that subsection shall not apply.
(3)This section does not apply to Scotland.”
Marginal Citations
14E+W+SIn section 27A(2)(b) (Secretary of State to recover fees for scientific tests if a court has made a declaration of parentage under section 27), for “section 27” there shall be substituted “section 55A of theFamily Law Act 1986”.