Welfare Reform Act 2012

Valid from 30/06/2014

137 Collection of child support maintenance E+W+S

(1) The Child Support Act 1991 is amended as follows.

(2) In section 4 (child support maintenance)—

(a) in subsection (2), the words from “or“ to “made” are repealed;

(b) after subsection (2) there is inserted—

“(2A) The [F1 Secretary of State] may only make arrangements under subsection (2)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) the [F1 Secretary of State] is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.”

(3) In section 7 (right of child in Scotland to apply for calculation)—

(a) in subsection (3), for the words from “person with care” to “made or” there is substituted “ person with care or ”;

(b) after subsection (3) there is inserted—

“(3A) The [F2 Secretary of State] may only make arrangements under subsection (3)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) the [F2 Secretary of State] is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.”

(4) In section 29 (collection of child support maintenance), in subsection (1), after “may” there is inserted “ (subject to section 4(2A) and 7(3A)) ”.

Textual Amendments

F1 Words in s. 137(2)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 106(2)

F2 Words in s. 137(3)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 106(3)