Child Support Act 1991
1991 c. 48
An Act to make provision for the calculation, collection and enforcement of periodical maintenance payable by certain parents with respect to children of theirs who are not in their care; for the collection and enforcement of certain other kinds of maintenance; and for connected purposes.
[25th July 1991]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him.
(2) For the purposes of this Act, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his by making periodical payments of maintenance with respect to the child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Act.
(3) Where a maintenance calculation made under this Act requires the making of periodical payments, it shall be the duty of the non-resident parent with respect to whom the calculation was made to make those payments.
Where, in any case which falls to be dealt with under this Act, the Secretary of State ... is considering the exercise of any discretionary power conferred by this Act, the Secretary of State shall have regard to the welfare of any child likely to be affected by the decision.
(1) A child is a “qualifying child” if—
(a) one of his parents is, in relation to him, a non-resident parent; or
(b) both of his parents are, in relation to him, non-resident parents.
(2) The parent of any child is a “non-resident parent”, in relation to him, if—
(a) that parent is not living in the same household with the child; and
(b) the child has his home with a person who is, in relation to him, a person with care.
(3) A person is a “person with care”, in relation to any child, if he is a person—
(a) with whom the child has his home;
(b) who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and
(c) who does not fall within a prescribed category of person.
(4) The Secretary of State shall not, under subsection (3)(c), prescribe as a category—
(a) parents;
(b) guardians;
(c) persons named, in a child arrangements order under section 8 of the Children Act 1989, as persons with whom a child is to live;
(d) in Scotland, persons with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.
(5) For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.
(6) Periodical payments which are required to be paid in accordance with a maintenance calculation are referred to in this Act as “child support maintenance”.
(7) Expressions are defined in this section only for the purposes of this Act.
(1) A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the non-resident parent may apply to the Secretary of State for a maintenance calculation to be made under this Act with respect to that child, or any of those children.
(2) Where a maintenance calculation has been made in response to an application under this section the Secretary of State may, if the person with care ... applies to the Secretary of State under this subsection, arrange for—
(a) the collection of the child support maintenance payable in accordance with the calculation;
(b) the enforcement of the obligation to pay child support maintenance in accordance with the calculation.
(2A) The Secretary of State may only make arrangements under subsection (2)(a) if—
(a) the non-resident parent agrees to the arrangements, or
(b) the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.
(3) Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the Secretary of State to take steps to enforce that obligation whenever the Secretary of State considers it necessary to do so, the Secretary of State may act accordingly.
(4) A person who applies to the Secretary of State under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
(a) the non-resident parent to be identified or traced (where that is necessary);
(b) the amount of child support maintenance payable by the non-resident parent to be assessed; and
(c) that amount to be recovered from the non-resident parent.
(5) Any person who has applied to the Secretary of State under this section may at any time request the Secretary of State to cease acting under this section.
(6) It shall be the duty of the Secretary of State to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).
(7) The obligation to provide information which is imposed by subsection (4)—
(a) shall not apply in such circumstances as may be prescribed; and
(b) may, in such circumstances as may be prescribed, be waived by the Secretary of State.
(8) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—
(a) there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order made before a prescribed date, in respect of that child or those children and the person who is, at that time, the non-resident parent; or
(aa) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or
(ab) a maintenance agreement—
(i) made on or after the date prescribed for the purposes of paragraph (a); and
(ii) registered for execution in the Books of Council and Session or the sheriff court books,
is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Child support maintenance: supplemental provisions.
(1) Where—
(a) there is more than one person with care of a qualifying child; and
(b) one or more, but not all, of them have parental responsibility for ... the child;
no application may be made for a maintenance calculation with respect to the child by any of those persons who do not have parental responsibility for ... the child.
(2) Where more than one application for a maintenance calculation is made with respect to the child concerned, only one of them may be proceeded with.
(3) The Secretary of State may by regulations make provision as to which of two or more applications for a maintenance calculation with respect to the same child is to be proceeded with.
7 Right of child in Scotland to apply for calculation.
(1) A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the Secretary of State for a maintenance calculation to be made with respect to him if—
(a) no such application has been made by a person who is, with respect to that child, a person with care or a non-resident parent; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An application made under subsection (1) shall authorise the Secretary of State to make a maintenance calculation with respect to any other children of the non-resident parent who are qualifying children in the care of the same person as the child making the application.
(3) Where a maintenance calculation has been made in response to an application under this section the Secretary of State may, if the person with care or the child concerned applies to the Secretary of State under this subsection, arrange for—
(a) the collection of the child support maintenance payable in accordance with the calculation;
(b) the enforcement of the obligation to pay child support maintenance in accordance with the calculation.
(3A) The Secretary of State may only make arrangements under subsection (3)(a) if—
(a) the non-resident parent agrees to the arrangements, or
(b) the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.
(4) Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the Secretary of State to take steps to enforce that obligation whenever the Secretary of State considers it necessary to do so, the Secretary of State may act accordingly.
(5) Where a child has asked the Secretary of State to proceed under this section, the person with care of the child, the non-resident parent and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
(a) the non-resident parent to be traced (where that is necessary);
(b) the amount of child support maintenance payable by the non-resident parent to be assessed; and
(c) that amount to be recovered from the non-resident parent.
(6) The child who has made the application (but not the person having care of him) may at any time request the Secretary of State to cease acting under this section.
(7) It shall be the duty of the Secretary of State to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).
(8) The obligation to provide information which is imposed by subsection (5)—
(a) shall not apply in such circumstances as may be prescribed by the Secretary of State; and
(b) may, in such circumstances as may be so prescribed, be waived by the Secretary of State.
(9) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.
(10) No application may be made at any time under this section by a qualifying child if
(a) there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order made before a prescribed date, in respect of that child and the person who is, at that time, the non-resident parent or
(b) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or
(c) a maintenance agreement—
(i) made on or after the date prescribed for the purposes of paragraph (a); and
(ii) registered for execution in the Books of Council and Session or the sheriff court books,
is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.
8 Role of the courts with respect to maintenance for children.
(1) This subsection applies in any case where the Secretary of State would have jurisdiction to make a maintenance calculation with respect to a qualifying child and a non-resident parent of his on an application duly made ... by a person entitled to apply for such a calculation with respect to that child.
(2) Subsection (1) applies even though the circumstances of the case are such that the Secretary of State would not make a calculation if it were applied for.
(3) Except as provided in subsection (3A), in any case where subsection (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and non-resident parent concerned.
(3A) Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—
(a) if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or
(b) where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.
(4) Subsection (3) does not prevent a court from revoking a maintenance order.
(5) The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a) a written agreement (whether or not enforceable) provides for the making, or securing, by a non-resident parent of the child of periodical payments to or for the benefit of the child; and
(b) the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.
(5A) The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.
(6) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a) a maintenance calculation is in force with respect to the child;
(b) the non-resident parent’s gross weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and
(c) the court is satisfied that the circumstances of the case make it appropriate for the non-resident parent to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the maintenance calculation.
(7) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a) the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and
(b) the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.
(8) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a) an allowance under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or a disability living allowance is paid to or in respect of him; or
(b) no such allowance is paid but he is disabled,
and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child’s disability.
(9) For the purposes of subsection (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.
(10) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.
(11) In this Act “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—
(a) Part II of the Matrimonial Causes Act 1973;
(b) the Domestic Proceedings and Magistrates’ Courts Act 1978;
(c) Part III of the Matrimonial and Family Proceedings Act 1984;
(d) the Family Law (Scotland) Act 1985;
(e) Schedule 1 to the Children Act 1989; ...
(ea) Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or
(f) any other prescribed enactment,
and includes any order varying or reviving such an order.
(12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(1) In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.
(2) Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.
(2A) The Secretary of State may, with a view to reducing the need for applications under sections 4 and 7—
(a) take such steps as the Secretary of State considers appropriate to encourage the making and keeping of maintenance agreements, and
(b) in particular, before accepting an application under those sections, invite the applicant to consider with the Secretary of State whether it is possible to make such an agreement.
(3) Subject to section 4(10)(a) and (ab) and section 7(10), the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a maintenance calculation with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.
(4) Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance calculation, that provision shall be void.
(5) Where section 8 would prevent any court from making a maintenance order in relation to a child and a non-resident parent of his, no court shall exercise any power that it has to vary any agreement so as—
(a) to insert a provision requiring that non-resident parent to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or
(b) to increase the amount payable under such a provision.
(6) In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation, ... subsection (5) shall have effect with the omission of paragraph (b).
10 Relationship between maintenance calculations and certain court orders and related matters.
(1) Where an order of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance calculation is made, the order—
(a) shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or
(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
(2) Where an agreement of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance calculation is made, the agreement—
(a) shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or
(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
(3) Any regulations under this section may, in particular, make such provision with respect to—
(a) any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the maintenance calculation and of the provisions of this Act;
(b) the recovery of any arrears under the order or agreement which fell due before the coming into force of the maintenance calculation,
as the Secretary of State considers appropriate and may provide that, in prescribed circumstances, an application to any court which is made with respect to an order of a prescribed kind relating to the making or securing of periodical payments to or for the benefit of a child shall be treated by the court as an application for the order to be revoked.
(4) The Secretary of State may by regulations make provision for—
(a) notification to be given by the Secretary of State to the prescribed person in any case where the Secretary of State considers that the making of a maintenance calculation has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;
(b) notification to be given by the prescribed person to the Secretary of State in any case where a court makes an order which it considers has affected, or is likely to affect, a maintenance calculation.
(5) Rules of court may require any person who, in prescribed circumstances, makes an application to the family court for a maintenance order to furnish the court with a statement in a prescribed form, and signed by an officer of the Secretary of State, as to whether or not, at the time when the statement is made, there is a maintenance calculation in force with respect to that person or the child concerned.
In this subsection—
“maintenance order” means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and
“prescribed” means prescribed by the rules.
(1) An application for a maintenance calculation made to the Secretary of State shall be dealt with by the Secretary of State in accordance with the provision made by or under this Act.
(2) The Secretary of State shall (unless the Secretary of State decides not to make a maintenance calculation in response to the application, or makes a decision under section 12) determine the application by making a decision under this section about whether any child support maintenance is payable and, if so, how much.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.
(7) If the Secretary of State has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis determined under section 28F(4).
(8) Part II of Schedule 1 makes further provision with respect to maintenance calculations.
(1) Where the Secretary of State—
(a) is required to make a maintenance calculation; or
(b) is proposing to make a decision under section 16 or 17,
and it appears to the Secretary of State that the Secretary of State does not have sufficient information to enable such a decision to be made, the Secretary of State may make a default maintenance decision.
(2) Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation ... , the Secretary of State may make an interim maintenance decision.
(3) The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.
(4) The Secretary of State may by regulations make provision as to default and interim maintenance decisions.
(5) The regulations may, in particular, make provision as to—
(a) the procedure to be followed in making a default or an interim maintenance decision; and
(b) a default rate of child support maintenance to apply where a default maintenance decision is made.
(1) The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application made ... under this Act, or any question arising in connection with such an application ... , or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act, or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—
(a) by such persons as may be determined in accordance with regulations made by the Secretary of State; and
(b) in accordance with the regulations.
(1A) Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Secretary of State may by regulations make provision authorising the disclosure by the Secretary of State ... , in such circumstances as may be prescribed, of such information held by the Secretary of State for purposes of this Act as may be prescribed.
(4) The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the Secretary of State) shall have effect.
(1) This section applies to—
(a) persons who are required to comply with regulations under section 4(4) or 7(5); and
(b) persons specified in regulations under section 14(1)(a).
(2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—
(a) he makes a statement or representation which he knows to be false; or
(b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.
(3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.
(3A) In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify—
(a) a change of address, or
(b) any other change of circumstances,
a person who fails to comply with the requirement is guilty of an offence.
(4) It is a defence for a person charged with an offence under subsection (3) or (3A) to prove that he had a reasonable excuse for failing to comply.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) In England and Wales, an information relating to an offence under subsection (2) may be tried by a magistrates' court if it is laid within the period of 12 months beginning with the commission of the offence.
(7) In Scotland, summary proceedings for an offence under subsection (2) may be commenced within the period of 12 months beginning with the commission of the offence.
(8) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date when proceedings deemed to be commenced) applies for the purposes of subsection (7) as it applies for the purposes of that section.
(1) The Secretary of State may appoint, on such terms as the Secretary of State thinks fit, persons to act as inspectors under this section.
(2) The function of inspectors is to acquire information which the the Secretary of State needs for any of the purposes of this Act.
(3) Every inspector is to be given a certificate of his appointment.
(4) An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—
(a) are liable to inspection under this section; and
(b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,
and may there make such examination and inquiry as he considers appropriate.
(4ZA) But the power under subsection (4) to enter any premises is exercisable only under the authority of a warrant issued under section 15A if—
(a) the premises are occupied, and
(b) an inspector has applied for admission to the premises for the purposes of exercising the power under that subsection but admission has been refused.
(4A) Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—
(a) premises at which a non-resident parent is or has been employed;
(b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;
(c) premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.
(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.
(6) If required to do so by an inspector exercising his powers, any such person shall furnish to the inspector all such information and documents as the inspector may reasonably require.
(7) No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married or is a civil partner, his or her spouse or civil partner.
(8) On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.
(9) Subject to subsection (9A), if any person—
(a) intentionally delays or obstructs any inspector exercising his powers; or
(b) without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9A) A person is guilty of an offence under subsection (9)(a) as a result of intentionally delaying or obstructing an inspector’s entry to premises that are occupied only if, at the time of the delay or obstruction, entry to the premises is authorised by a warrant issued under section 15A.
(10) In this section—
“certificate” means a certificate of appointment issued under this section;
“inspector” means an inspector appointed under this section;
“powers” means powers conferred by this section; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) In this section, “premises” includes—
(a) moveable structures and vehicles, vessels, aircraft and hovercraft;
(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and
(c) places of all other descriptions whether or not occupied as land or otherwise,
and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.
(1) The appropriate court may issue a warrant authorising entry to premises if, on an application made by an inspector, the court is satisfied that—
(a) any of the conditions in subsection (2) is met, and
(b) each of the conditions in subsection (3) is met.
(2) The conditions referred to in subsection (1)(a) are—
(a) that, having attempted to exercise the power conferred by section 15(4), an inspector has been refused entry to the premises,
(b) that it is not practicable to communicate with any person entitled to grant entry to the premises, or
(c) that entry to the premises is unlikely to be granted unless a warrant is produced.
(3) The conditions referred to in subsection (1)(b) are—
(a) that the premises are liable to inspection under section 15 (see section 15(4A)),
(b) that the premises are premises to which it is reasonable for an inspector to require entry in order to exercise the inspector’s functions under section 15,
(c) that the premises are occupied, and
(d) that the occupier has been given at least 21 days’ notice of intention to apply for a warrant.
(4) An application for a warrant must be supported—
(a) in England and Wales, by an information in writing;
(b) in Scotland, by evidence on oath.
(5) The warrant must specify the premises to which the warrant relates.
(6) A warrant authorises an inspector’s entry to the specified premises, at any reasonable time and either alone or accompanied by such persons as the inspector thinks fit, for the purpose of exercising the inspector’s functions under section 15.
(7) But a warrant does not authorise an inspector to enter those premises at any time when the occupier is temporarily absent.
(8) A warrant ceases to have effect at the end of the period of one month beginning with the day it is issued.
(9) An inspector entering premises under a warrant must, if so required, produce the warrant for inspection by an occupier of the premises.
(10) In this section—
“the appropriate court”—
in relation to premises in England and Wales, means a magistrates’ court;
in relation to premises in Scotland, means the sheriff or summary sheriff;
“inspector” means an inspector appointed under section 15;
“occupier” and “premises” have the same meanings as in section 15;
“warrant” means a warrant issued under this section.
(1) Any decision to which subsection (1A) applies may be revised by the Secretary of State—
(a) either within the prescribed period or in prescribed cases or circumstances; and
(b) either on an application made for the purpose or on the Secretary of State’s own initiative;
and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
(1A) This subsection applies to—
(a) a decision of the Secretary of State under section 11, 12 or 17;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a decision of the First-tier Tribunal on a referral under section 28D(1)(b).
(1B) Where the Secretary of State revises a decision under section 12(1)—
(a) the Secretary of State may (if appropriate) do so as if ... revising a decision under section 11; and
(b) if the Secretary of State does that, the decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).
(2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause the Secretary of State to act on the Secretary of State’s own initiative.
(3) Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.
(5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
(6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
(1) Subject to subsection (2), the following, namely—
(a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;
(b) any decision of an appeal tribunal or the First-tier Tribunal under section 20; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) any decision of an appeal tribunal or the First-tier Tribunal on a referral under section 28D(1)(b);
(e) any decision of a Child Support Commissioner or the Upper Tribunal on an appeal from such a decision as is mentioned in paragraph (b) or (d),
may be superseded by a decision made by the Commission, either on an application made for the purpose or on the Secretary of State’s own initiative.
(2) The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).
(3) Regulations under subsection (2) may, in particular—
(a) make provision about the cases and circumstances in which the power under subsection (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;
(b) make provision with respect to the consideration by the Secretary of State, when acting under subsection (1), of any issue which has not led to the Secretary of State's so acting;
(c) make provision with respect to procedure in relation to the exercise of the power under subsection (1).
(4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.
(4A) In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the Secretary of State under section 11 or (if earlier) the Secretary of State’s first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.
(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
(6) In this section—
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);
“Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).
(1) A qualifying person has a right of appeal to the First-tier Tribunal against—
(a) a decision of the Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);
(b) a decision of the Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;
(e) the imposition (by virtue of section 47) of a requirement to pay fees.
(2) In subsection (1), “qualifying person” means—
(a) in relation to paragraphs (a) and (b)—
(i) the person with care, or non-resident parent, with respect to whom the Secretary of State made the decision, or
(ii) in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in relation to paragraph (d), the parent who has been required to make penalty payments; and
(d) in relation to paragraph (e), the person required to pay fees.
(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in subsection (1)(a) or (b) only if the Secretary of State has considered whether to revise the decision under section 16.
(2B) The regulations may in particular provide that that condition is met only where—
(a) the consideration by the Secretary of State was on an application,
(b) the Secretary of State considered issues of a specified description, or
(c) the consideration by the Secretary of State satisfied any other condition specified in the regulations.
(3) A person with a right of appeal under this section shall be given such notice as may be prescribed of—
(a) that right; and
(b) the relevant decision, or the imposition of the requirement.
(4) Regulations may make—
(a) provision as to the manner in which, and the time within which, appeals are to be brought; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) provision that, where in accordance with regulations under subsection (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 16.
(5) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In deciding an appeal under this section, the First-tier Tribunal—
(a) need not consider any issue that is not raised by the appeal; and
(b) shall not take into account any circumstances not obtaining at the time when the Secretary of State made the decision or imposed the requirement.
(8) If an appeal under this section is allowed, the First-tier Tribunal may—
(a) itself make such decision as it considers appropriate; or
(b) remit the case to the Secretary of State, together with such directions (if any) as it considers appropriate.
23 Child Support Commissioners for Northern Ireland.
(1) Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and other Child Support Commissioners for Northern Ireland.
(2) The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than 7 years’ standing.
(3) Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland ...
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 20.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.
(4) The “principal parties” are—
(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) the Secretary of State; and
(b) those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.
(1) Each of the following may appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under section 20 of this Act—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the Secretary of State, and
(c) any person who is aggrieved by the decision of an appeal tribunal.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a question which would otherwise fall to be determined by ... the Secretary of State under this Act first arises in the course of an appeal to the Upper Tribunal, that tribunal may, if it thinks fit, determine the question even though it has not been considered by ... the Secretary of State.
(1) Where a person who is alleged to be a parent of the child with respect to whom an application for a maintenance calculation has been made ... (“the alleged parent”) denies that he is one of the child’s parents, the Secretary of State shall not make a maintenance calculation on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).
(2) The Cases are —
Case A1
Where—
the child is habitually resident in England and Wales;
the Secretary of State is satisfied that the alleged parent is a man who was married to, or the civil partner of, the child’s mother at some time in the period beginning with the conception and ending with the birth of the child; and
the child has not been adopted.
Case A2
Where—
the child is habitually resident in England and Wales;
the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and
the child has not subsequently been adopted.
Case A3
Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—
refuses to take such a test; or
has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child.
Case A
Where the alleged parent is a parent of the child in question by virtue of having adopted him.
Case B
Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 or 54A of the Human Fertilisation and Embryology Act 2008 (parental orders).
Case B1
Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of the Human Fertilisation and Embryology Act 1990 or any of sections 33 to 46 of the Human Fertilisation and Embryology Act 2008 (which relate to children resulting from assisted reproduction).
Case C
Where—
either—
a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section 55A or 56 of the Family Law Act 1986 or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage); or
a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and
the child has not subsequently been adopted.
Case D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Case E
Where—
the child is habitually resident in Scotland;
the Secretary of State is satisfied that one or other of the presumptions set out in section 5(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 applies; and
the child has not subsequently been adopted.
Case F
Where—
the alleged parent has been found, or adjudged, to be the father of the child in question—
in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the Civil Evidence Act 1968 or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971; or
in affiliation proceedings before any court in the United Kingdom,
(whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and
the child has not subsequently been adopted.
(3) In this section—
“adopted” means adopted within the meaning of Part IV of the Adoption Act 1976 or Chapter 4 of Part 1 of the Adoption and Children Act 2002 or, in relation to Scotland, Part IV of the Adoption (Scotland) Act 1978 or Chapter 3 of Part 1 of the Adoption and Children (Scotland) Act 2007 (asp 4); and
“affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.
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 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 ... ;
(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 Family 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.
(1) This section applies in any case where—
(a) an application for a maintenance calculation has been made ... or a maintenance calculation is in force;
(b) scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or calculation is made ... ;
(c) the results of the tests do not exclude the alleged parent from being one of the child’s parents; and
(d) one of the conditions set out in subsection (2) is satisfied.
(2) The conditions are that—
(a) the alleged parent does not deny that he is one of the child’s parents;
(b) in proceedings under section 55A of the Family Law Act 1986, a court has made a declaration that the alleged parent is a parent of the child in question; or
(c) in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the Secretary of State by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.
(3) In any case to which this section applies, any fee paid by the Secretary of State in connection with scientific tests may be recovered by the Secretary of State from the alleged parent as a debt due to the Crown.
(4) In this section—
“bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;
“direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);
“request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); and
“scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.
(5) Any sum recovered by the Secretary of State under this section shall be paid by the Secretary of State into the Consolidated Fund.
28 Power of Secretary of State to initiate or defend actions of declarator: Scotland.
(1) Subsection (1A) applies in any case where—
(a) an application for a maintenance calculation has 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 was made ... or the calculation was made; and
(b) the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2).
(1A) In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.
(2) The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a maintenance calculation or in a maintenance calculation which is in force.
(3) This section applies to Scotland only.
28ZA Decisions involving issues that arise on appeal in other cases
(1) This section applies where—
(a) a decision by the Secretary of State falls to be made under section 11, 12, 16 or 17 ... ; and
(b) an appeal is pending against a decision given in relation to a different matter by the Upper Tribunal or a court.
(2) If the Secretary of State considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—
(a) the Secretary of State need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;
(b) the Secretary of State may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
(3) Where the Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal the Secretary of State shall if appropriate revise the decision (under section 16) in accordance with that determination.
(4) For the purposes of this section, an appeal against a decision is pending if—
(a) an appeal against the decision has been brought but not determined;
(b) an application for leave to appeal against the decision has been made but not determined; or
(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
(5) In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—
(a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
28ZB Appeals involving issues that arise on appeal in other cases
(1) This section applies where—
(a) an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and
(b) an appeal (“appeal B”) is pending against a decision given in a different case by the Upper Tribunal or a court.
(2) If the Secretary of State considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, the Secretary of State may serve notice requiring the First-tier Tribunal or Upper Tribunal—
(a) not to determine appeal A but to refer it to the Secretary of State; or
(b) to deal with the appeal in accordance with subsection (4).
(3) Where appeal A is referred to the Secretary of State under subsection (2)(a), following the determination of appeal B and in accordance with that determination, the Secretary of State shall if appropriate—
(a) in a case where appeal A has not been determined by the First-tier Tribunal, revise (under section 16) the decision which gave rise to that appeal; or
(b) in a case where appeal A has been determined by the First-tier Tribunal, make a decision (under section 17) superseding the tribunal’s decision.
(4) Where appeal A is to be dealt with in accordance with this subsection, the First-tier Tribunal or Upper Tribunal shall either—
(a) stay appeal A until appeal B is determined; or
(b) if the First-tier Tribunal or Upper Tribunal considers it to be in the interests of the appellant to do so, determine appeal A as if—
(i) appeal B had already been determined; and
(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.
In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision or the imposition of the requirement mentioned in subsection (1)(a).
(5) Where the First-tier Tribunal or Upper Tribunal acts in accordance with subsection (4)(b), following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the First-tier Tribunal or Upper Tribunal in accordance with that determination.
(6) For the purposes of this section, an appeal against a decision is pending if—
(a) an appeal against the decision has been brought but not determined;
(b) an application for leave to appeal against the decision has been made but not determined; or
(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
(7) In this section—
(a) the reference in subsection (1)(a) to an appeal to the Upper Tribunal includes a reference to an application for leave to appeal to the Upper Tribunal; and
(b) any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—
(i) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
(ii) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
(8) Regulations may make provision supplementing that made by this section.
28ZC Restrictions on liability in certain cases of error
(1) Subject to subsection (2), this section applies where—
(a) the effect of the determination, whenever made, of an appeal to the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and
(b) after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)—
(i) with respect to an application for a maintenance calculation (made after the commencement date) ... ;
(ii) as to whether to revise, under section 16, any decision (made after the commencement date) referred to in section 16(1A); or
(iii) on an application under section 17 (made after the commencement date) for any decision (made after the commencement date) referred to in section 17(1).
(2) This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b)—
(a) is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or
(b) is one made in pursuance of section 28ZB(3) or (5).
(3) In so far as the decision relates to a person’s liability ... in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law.
(4) Subsection (1)(a) shall be read as including a case where—
(a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
(b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
(5) It is immaterial for the purposes of subsection (1)—
(a) where such a decision as is mentioned in paragraph (b)(i) falls to be made; or
(b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,
whether the application was made before or after the date of the relevant determination.
(6) In this section—
“adjudicating authority” means the Secretary of State, or a child support officer or, in the case of a decision made on a referral under section 28D(1)(b), the First-tier Tribunal;
“the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and
“the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the Supreme Court or the Court of Justice of the European Community.
(7) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.
(8) Regulations made under subsection (7) may include provision—
(a) for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or the Upper Tribunal; or
(b) for a determination of a lower court or the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.
28ZD Correction of errors and setting aside of decisions
(1) Regulations may make provision with respect to—
(a) the correction of accidental errors in any decision of the Secretary of State or record of a decision of the Secretary of State given under this Act; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Nothing in subsection (1) shall be construed as derogating from any power to correct errors ... which is exercisable apart from regulations made by virtue of that subsection.
28A Application for variation of usual rules for calculating maintenance.
(1) Where an application for a maintenance calculation is made under section 4 or 7 ... the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned may apply to the Secretary of State for the rules by which the calculation is made to be varied in accordance with this Act.
(2) Such an application is referred to in this Act as an “application for a variation”.
(3) An application for a variation may be made at any time before the Secretary of State has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation ... .
(4) A person who applies for a variation—
(a) need not make the application in writing unless the Secretary of State directs in any case that he must; and
(b) must say upon what grounds the application is made.
(5) In other respects an application for a variation is to be made in such manner as may be prescribed.
(6) Schedule 4A has effect in relation to applications for a variation.
(1) Where an application for a variation has been duly made to the Secretary of State, the Secretary of State may give it a preliminary consideration.
(2) The Secretary of State may on completing such a preliminary consideration, reject the application (and proceed to make a decision on the application for a maintenance calculation without any variation) if it appears to the Secretary of State—
(a) that there are no grounds on which a variation could be agreed to;
(b) that the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11 (apart from any information needed in relation to the application for a variation), and therefore that the Secretary of State’s decision would be made under section 12(1); or
(c) that other prescribed circumstances apply.