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Child Support, Pensions and Social Security Act 2000

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Child Support, Pensions and Social Security Act 2000, Cross Heading: The Child Support Act 1991 (c.48) is up to date with all changes known to be in force on or before 26 December 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. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 8 Crossheading The-child-support-act-1991-c48:

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The Child Support Act 1991 (c.48)E+W+S

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”.

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13E+W+SFor section 27 (declarations of parentage) there shall be substituted—

27 Applications for declaration of parentage under Family Law Act 1986.

(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”.

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