2003 No. 192 (C. 11)
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003
Made
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 86(2) of the Child Support, Pensions and Social Security Act 20001 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003.
2
In this Order—
a
“the Act” means the Child Support, Pensions and Social Security Act 2000 and, except where otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Act;
b
“the 1991 Act” means the Child Support Act 19912;
c
“absent parent” has the meaning given in the 1991 Act before its amendment by the Act;
d
“the Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 19923 as in force immediately before 3rd March 2003;
e
“the Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 19924 as in force immediately before 3rd March 2003;
f
“effective date”, in relation to a maintenance assessment or a maintenance calculation, has the meaning given in article 8 of this Order;
g
“existing assessment” means a maintenance assessment which is in force with an effective date which is before 3rd March 2003;
h
“maintenance assessment” has the meaning given in the 1991 Act before its amendment by the Act;
i
“maintenance calculation” has the meaning given in the 1991 Act as amended by the Act;
j
“non-resident parent” has the meaning given in the 1991 Act as amended by the Act;
k
“partner” has the meaning given in paragraph 10C(4) of Part I of Schedule 1 to the 1991 Act as amended by the Act;
l
“person with care” has the meaning given in the 1991 Act;
m
“prescribed benefit” means a benefit prescribed for the purposes of paragraph 4(1)(c) of Part I of Schedule 1 to the 1991 Act as amended by the Act5;
n
“qualifying child” has the meaning given in the 1991 Act; and
o
“relevant person” means, in relation to a maintenance assessment, the absent parent or person with care and, in relation to a maintenance calculation, the non-resident parent or person with care.
Appointed day for purpose of making regulations2
4th February 2003 is the day appointed for the coming into force of—
a
section 2(1) and (2) (applications under section 4 of the 1991 Act); and
b
paragraph 11(4)(b)(i) and (ii) of Schedule 3 (right of a child in Scotland to apply for maintenance calculation), and section 26 so far as it relates to that provision,
for the purpose of the exercise of the power to make regulations.
Appointed day for the provisions specified in the Schedule to this Order3
1
3rd March 2003 is the day appointed for the coming into force of the provisions of the Act specified in the Schedule to this Order, in so far as those provisions are not already in force, for the purpose of—
a
cases where an application for child support maintenance is made to the Secretary of State (whether or not in writing) and the effective date would be on or after 3rd March 2003;
b
cases where there is an existing assessment and a related decision falls to be made; and
c
cases where there is an existing assessment and where—
i
an application is made or treated as made which would but for that assessment result in a maintenance calculation being made,
ii
the non-resident parent in relation to the application referred to in paragraph (i) is the absent parent in relation to the existing assessment, and
iii
the person with care in relation to the application referred to in paragraph (i) is a different person to the person with care in relation to the existing assessment.
2
For the purposes of paragraph (1)(b), “a related decision” is—
a
a maintenance calculation which falls to be made with respect to a person who is a relevant person in relation to the existing assessment, whether or not with respect to a different qualifying child;
b
a maintenance calculation which falls to be made with respect to the partner (“A”) of a person (“B”) who is a relevant person in relation to the existing assessment, where A or B is in receipt of a prescribed benefit and either—
i
A is the non-resident parent in relation to the maintenance calculation and B is the absent parent in relation to the existing assessment, or
ii
A is the person with care in relation to the maintenance calculation and B is the person with care in relation to the existing assessment;
c
a decision which falls to be made in a case where—
i
the existing assessment is in force in relation to a person (“C”) and a maintenance calculation is in force in relation to another person (“D”),
ii
C or D is in receipt of a prescribed benefit,
iii
either—
aa
C is the absent parent in relation to the existing assessment and D is the non-resident parent in relation to the maintenance calculation, or
bb
C is the person with care in relation to the existing assessment and D is the person with care in relation to the maintenance calculation, and
iv
a decision relating to the prescribed benefit referred to in paragraph (ii) is superseded on the ground that C is the partner of D; or
d
a decision which falls to be made in a case where a person (“E”) and another person (“F”) become entitled to a prescribed benefit as partners, and where—
i
E is the absent parent in relation to the existing assessment and F is the non-resident parent in relation to a maintenance calculation, or
ii
E is the person with care in relation to the existing assessment and F is the person with care in relation to a maintenance calculation.
Appointed day for sections 3 and 194
3rd March 2003 is the day appointed for the coming into force of sections 3 and 19, in so far as those provisions are not already in force, for the purpose of the following cases—
a
where, on or after 3rd March 2003, income support, an income-based jobseeker’s allowance or any other benefit prescribed for the purposes of section 6 of the 1991 Act as substituted by section 3 is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child who is also the person with care of the child, and when the claim is made—
i
there is no maintenance assessment or maintenance calculation in force in respect of that parent, and
ii
there has been no maintenance assessment in force during the previous 8 weeks in respect of that child;
b
where—
i
before 3rd March 2003, section 6(1) of the 1991 Act, before its substitution by the Act, applied to the parent with care,
ii
a maintenance assessment has been made with an effective date which is before 3rd March 2003, and
iii
on or after 3rd March 2003 the parent with care withdraws her authorisation under that section 6(1) at a date when she continues to fall within that section 6(1);
c
where, immediately before 3rd March 2003, subsection (1) of section 6 of the 1991 Act, before its substitution by the Act, applied to the parent with care, and a maintenance assessment has not been made because—
i
the Secretary of State was in the process of considering whether the parent with care should be required to give the authorisation referred to in that subsection;
ii
subsection (2) of that section applied;
iii
subsection (2) of that section did not apply and a reduced benefit direction was given under section 46(5) of the 1991 Act before its substitution by the Act; or
iv
the parent with care failed to comply with a requirement imposed on her under subsection (1) of that section 6 and the Secretary of State was in the process of serving a notice or considering reasons given by the parent with care under section 46(2) or (3) of the 1991 Act before its substitution by the Act.
Appointed day for section 205
3rd March 2003 is the day appointed for the coming into force of section 20, in so far as that section is not already in force, for the purposes of cases where an application for child support maintenance is made to the Secretary of State (whether or not in writing) and the effective date would be on or after 3rd March 2003.
Appointed day for section 23, and associated repeal6
1
3rd March 2003 is the day appointed for the coming into force of —
a
section 23 (section 10 of Child Support Act 1995 to cease to have effect); and
b
Part I of Schedule 9, and section 85, so far as they relate to the repeal of section 10 of the Child Support Act 1995,
for the purposes of the cases specified in paragraph (2).
2
Those cases are—
a
the cases referred to in sub-paragraphs (a), (b) and (c) of article 3(1); and
b
cases where maintenance is, on or after 3rd March 2003, paid or payable—
i
by the parent of a child to a person who has the care of the child in the United Kingdom, and
ii
under an agreement between the parent and that person (whether enforceable or not) or by virtue of an order of the court.
Appointed day for coming into force of section 29, and Schedule 3, paragraph 11(15)7
3rd March 2003 is the day appointed for the coming into force of—
a
section 29 (interpretation, transitional provisions, savings, etc.) in so far as it is not already in force; and
b
paragraph 11(15) of Schedule 3 (which substitutes subsection (2) in section 30 of the 1991 Act6, and section 26 so far as it relates to that paragraph 11(15).
The effective date8
1
For the purposes of this Order, “the effective date” means, in relation to any case, the date which would be the effective date of a maintenance assessment under regulation 30 or 33(7) of the Assessment Procedure Regulations (effective dates of new maintenance assessments, and maintenance periods) or regulation 3(5), (7) or (8) of the Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders), whichever would apply to the case in question, or would have applied had the effective date not fallen to be determined under regulation 8C or 30A of the Assessment Procedure Regulations7; and paragraphs (2) and (3) shall apply in relation to the application of those Regulations for this purpose.
2
In the application of the Assessment Procedure Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, those Regulations shall be applied as if references in regulation 30—
a
to the date when the maintenance enquiry form was given or sent to the absent parent were references to the date on which the absent parent is first notified by the Secretary of State (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent; and
b
to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were references to the provision of this information by the absent parent.
3
In the application of the Arrangements and Jurisdiction Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(8) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent to the absent parent were to the date on which the absent parent is first notified by the Secretary of State (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent.
Signed by authority of the Secretary of State for Work and Pensions.
SCHEDULEPROVISIONS BROUGHT INTO FORCE AS PROVIDED IN ARTICLE 3
Provision of the Act | Subject Matter |
---|---|
Section 1(1) and (2) | Maintenance calculations and terminology |
Section 2 | Applications under section 4 of the 1991 Act |
Section 4 | Default and interim maintenance decisions |
Section 5 | Departure from usual rules for calculating maintenance |
Section 7 | Variations: revision and supersession |
Section 8 | Revision of decisions |
Section 9 | Decisions superseding earlier decisions |
Section 10 | Appeals to appeal tribunals |
Section 12 | Information required by Secretary of State |
Section 18 | Financial penalties |
Section 21 | Recovery of child support maintenance by deduction from benefit |
Section 22(4) | Jurisdiction |
Section 25 | Regulations |
Schedule 1 and section 1(3) | Substituted Part I of Schedule 1 to the 1991 Act |
Schedule 2 and section 6 | Substituted Schedules 4A and 4B to the 1991 Act |
Schedule 3, except for paragraph 11(15), and section 26 | Amendment of enactments relating to child support |
Part I of Schedule 9, except as respects the repeal of section 10 of the Child Support Act 1995, and section 85 so far as it relates to that Part I | Repeals and revocations (child support) |
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Child Support, Pensions and Social Security Act 2000 have been brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2666 (C. 74)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 2) Order 2000 (S.I. 2000/2950 (C. 87))8, the Child Support, Pensions and Social Security Act 2000 (Commencement No. 3) Order 2000 (S.I. 2000/2994 (C. 94)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000 (S.I. 2000/3166 (C. 101))9, the Child Support, Pensions and Social Security Act 2000 (Commencement No. 5) Order 2000 (S.I. 2000/3354 (C. 112)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 6) Order 2001 (S.I. 2001/153 (C. 8)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 7) Order 2001 (S.I. 2001/774 (C. 28)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 8) Order 2001 (S.I. 2001/1252 (C. 45)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 9) Order 2001 (S.I. 2001/2295 (C. 76))10, the Child Support, Pensions and Social Security Act 2000 (Commencement No. 10) Order 2001 (S.I. 2001/2619 (C. 86)) and the Child Support, Pensions and Social Security Act 2000 (Commencement No. 11) Order 2002 (S.I. 2002/437 (C. 12))
Provision | Date of Commencement | S.I.No. |
---|---|---|
11*Section 1(3) | 10th November 2000 | |
*Sections 3 to 5 | 10th November 2000 | |
*Section 6 | 10th November 2000 | |
*Section 7 | 10th November 2000 | |
1st January 2001 | ||
*Sections 9 and 10 | 10th November 2000 | |
Section 11 | 15th February 2001 | |
Sections 13 to 15 | 31st January 2001 | |
Sections 16 and 17 | 10th November 2000 | |
2nd April 2001 | ||
*Sections 18 to 21 | 10th November 2000 | |
Section 22(1) and (2) | 31st January 2001 | |
Section 22(3) | 10th November 2000 | |
31st January 2001 | ||
*Section 25 | 10th November 2000 | |
*Section 26 | 10th November 2000 | |
1st January 2001 | ||
31st January 2001 | ||
2nd April 2001 | ||
Section 27 | 10th November 2000 | |
1st January 2001 | ||
*Section 29 | 10th November 2000 | |
Sections 30 and 31 | 8th January 2001 | |
25th January 2001 | ||
6th April 2002 | ||
Section 32 | 8th January 2001 | |
9th April 2001 | ||
Section 33(1) and (2) | 8th January 2001 | |
25th January 2001 | ||
6th April 2002 | ||
Section 33(3) and (4) | 8th January 2001 | |
25th January 2001 | ||
Sections 34 and 35 | 8th January 2001 | |
25th January 2001 | ||
6th April 2002 | ||
Section 36 | 1st November 2000 | |
Section 37 | 1st December 2000 | |
Section 40 | 8th January 2001 | |
Section 41 | 29th September 2000 | |
Section 42 | 1st December 2000 | |
Sections 47 and 48 | 1st March 2002 | |
1st April 2002 | ||
*Section 49(1) | 1st March 2002 | |
1st April 2002 | ||
Section 49(2) and (3) | 1st March 2002 | |
1st April 2002 | ||
Section 50 | 1st March 2002 | |
1st April 2002 | ||
Section 51 | 1st December 2000 | |
*Section 52 | 1st January 2001 | |
Section 53 | 1st December 2000 | |
*Section 54 | 1st March 2002 | |
Section 55 | 23rd July 2001 | |
*Section 56 | 1st November 2000 | |
1st January 2001 | ||
12th February 2001 | ||
1st June 2001 | ||
2nd April 2001 | ||
Sections 57 and 58 | 15th November 2000 | |
9th April 2001 | ||
Section 59 | 1st January 2001 | |
Section 60 | 9th April 2001 | |
Section 61 | 1st January 2001 | |
*Sections 62 to 65 | 1st December 2000 | |
15th October 2001 | ||
*Section 66 | 15th October 2001 | |
Section 67 | 1st November 2000 | |
2nd April 2001 | ||
*Section 68 | 1st November 2000 | |
2nd July 2001 | ||
Section 69 | 1st November 2000 | |
2nd July 2001 | ||
Section 70 | 26th June 2001 | |
2nd July 2001 | ||
Section 71 | 1st November 2000 | |
1st October 2001 | ||
Section 72 | 9th October 2000 | |
Section 73 | 1st November 2000 | |
1st December 2000 | ||
Sections 82 and 83 | 1st April 2001 | |
*Schedule 1 | 10th November 2000 | |
*Schedule 2 | 10th November 2000 | |
Schedule 3— | ||
*paragraph 11(2) | 31st January 2001 | |
paragraph 11(17) | 1st January 2001 | |
*paragraph 11(18) | 10th November 2000 | |
paragraph 13(1) | 2nd April 2001 | |
paragraph 13(3) | 2nd April 2001 | |
Schedule 4 | 8th January 2001 | |
25th January 2001 | ||
6th April 2002 | ||
Schedule 5— | ||
Part I— | ||
paragraphs 1 to 3, 7, 8(2), 9 and 12(1) | 1st January 2001 | |
paragraph 10 | 1st November 2000 | |
paragraph 11 | 2nd April 2001 | |
Part II | 12th February 2001 | |
1st June 2001 | ||
6th April 2002 | ||
Schedule 6 | 1st November 2000 | |
2nd April 2001 | ||
Schedule 7— | ||
paragraphs 1 to 16, *18, 19 to 21, *22 and 23 | 1st November 2000 | |
2nd July 2001 | ||
Schedule 8 | 1st April 2001 | |
Schedule 9— | ||
*Part I | 2nd April 2001 | |
Part II | 8th April 2001 | |
Part III— | ||
Section (2) | 1st March 2002 | |
1st April 2002 | ||
1st December 2000 | ||
Section (3) | 1st January 2001 | |
Sections (4) to (9) | 6th April 2002 | |
Section (11) | ||
Part IV | 9th April 2001 | |
Part VI | 2nd April 2001 | |
*Part VII | 2nd July 2001 | |
Part IX | 1st April 2001 |