40B Disqualification from driving: further provision.
(1) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person, it may—
(a) order him to be disqualified, for such period specified in the order but not exceeding two years as it thinks fit, from holding or obtaining a driving licence (a “disqualification order”); or
(b) make a disqualification order but suspend its operation until such time and on such conditions (if any) as it thinks just.
(2) The court may not take action under both section 40 and this section.
(3) A disqualification order must state the amount in respect of which it is made, which is to be the aggregate of—
(a) the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and
(b) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under section 39A.
(4) A court which makes a disqualification order shall require the person to whom it relates to produce any driving licence held by him, ...
(5) On an application by the Secretary of State or the liable person, the court—
(a) may make an order substituting a shorter period of disqualification, or make an order revoking the disqualification order, if part of the amount referred to in subsection (3) (the “amount due”) is paid to any person authorised to receive it; and
(b) must make an order revoking the disqualification order if all of the amount due is so paid.
(6) The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order revoking the disqualification order under subsection (5)(a), and the person liable may reply to those representations.
(7) The Secretary of State may make a further application under section 39A if the amount due has not been paid in full when the period of disqualification specified in the disqualification order expires.
(8) Where a court—
(a) makes a disqualification order;
(b) makes an order under subsection (5); or
(c) allows an appeal against a disqualification order,
it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
(9) Where a court makes a disqualification order, it shall also send the driving licence ... , on its being produced to the court, to the Secretary of State at such address as the Secretary of State may determine.
(10) Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a disqualification order under this section in relation to a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.
(11) The Secretary of State may by regulations make provision in relation to disqualification orders corresponding to the provision he may make under section 40(11).
(12) In the application to Scotland of this section—
(a) in subsection (2) for “section 40” substitute “section 40A”;
(b) in subsection (3) for paragraph (a) substitute—
(a) the appropriate amount under section 38;
;
(c) subsection (10) is omitted; and
(d) for subsection (11) substitute—
(11) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make, in relation to disqualification orders, provision corresponding to that which may be made by virtue of section 40A(8).
(1) This section applies where—
(a) the Secretary of State is authorised under section 4 ... or 7 to recover child support maintenance payable by a non-resident parent in accordance with a maintenance calculation; and
(b) the non-resident parent has failed to make one or more payments of child support maintenance due from him in accordance with that calculation.
(2) Where the Secretary of State recovers any such arrears the Secretary of State may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if the Secretary of State is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the non-resident parent made the payment or payments of child support maintenance in question.
(2A) In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the maintenance calculation had effect from a date earlier than that on which it was made, the calculation shall be taken to have been in force at that time.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Any sums retained by the Secretary of State by virtue of this section shall be paid by the Secretary of State into the Consolidated Fund.
(1) The Secretary of State may by regulations make provision for the payment to the Secretary of State by non-resident parents who are in arrears with payments of child support maintenance of penalty payments determined in accordance with the regulations.
(2) The amount of a penalty payment in respect of any week may not exceed 25% of the amount of child support maintenance payable for that week, but otherwise is to be determined by the Secretary of State.
(3) The liability of a non-resident parent to make a penalty payment does not affect his liability to pay the arrears of child support maintenance concerned.
(4) Regulations under subsection (1) may, in particular, make provision—
(a) as to the time at which a penalty payment is to be payable;
(b) for the Secretary of State to waive a penalty payment, or part of it.
(5) The provisions of this Act with respect to—
(a) the collection of child support maintenance;
(b) the enforcement of an obligation to pay child support maintenance,
apply equally (with any necessary modifications) to penalty payments payable by virtue of regulations under this section.
(6) The Secretary of State shall pay penalty payments received by the Secretary of State into the Consolidated Fund.
41B Repayment of overpaid child support maintenance.
(1) This section applies where it appears to the Secretary of State that a non-resident parent has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that—
(a) it would not be possible for the non-resident parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a maintenance calculation; or
(b) it would be inappropriate to rely on an adjustment of the amount payable under a maintenance calculation as the means of enabling the non-resident parent to recover the amount of the overpayment.
(1A) This section also applies where the non-resident parent has made a voluntary payment and it appears to the Secretary of State—
(a) that he is not liable to pay child support maintenance; or
(b) that he is liable, but some or all of the payment amounts to an overpayment,
and, in a case falling within paragraph (b), it also appears to the Secretary of State that subsection (1)(a) or (b) applies.
(2) The Secretary of State may make such payment to the non-resident parent by way of reimbursement, or partial reimbursement, of the overpayment as the Secretary of State considers appropriate.
(3) Where the Secretary of State has made a payment under this section the Secretary of State may, in such circumstances as may be prescribed, require the relevant person to pay to the Secretary of State the whole, or a specified proportion, of the amount of that payment.
(4) Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Secretary of State wishes to recover from him.
(5) Any sum which a person is required to pay to the Secretary of State under this section shall be recoverable from him by the Secretary of State as a debt due to the Crown.
(6) The Secretary of State may by regulations make provision in relation to any case in which—
(a) one or more overpayments of child support maintenance are being reimbursed to the Secretary of State by the relevant person; and
(b) child support maintenance has continued to be payable by the non-resident parent concerned to the person with care concerned, or again becomes so payable.
(7) For the purposes of this section—
(a) a payment made by a person under a maintenance calculation which was not validly made; and
(b) a voluntary payment made in the circumstances set out in subsection (1A)(a),
shall be treated as an overpayment of child support maintenance made by a non-resident parent.
(8) In this section “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made.
(9) Any sum recovered by the Secretary of State under this section shall be paid by the Secretary of State into the Consolidated Fund.
(1) The Secretary of State may by regulations—
(a) make provision enabling the Secretary of State in prescribed circumstances to set off liabilities to pay child support maintenance to which this section applies;
(b) make provision enabling the Secretary of State in prescribed circumstances to set off against a person's liability to pay child support maintenance to which this section applies a payment made by the person which is of a prescribed description.
(2) Liability to pay child support maintenance shall be treated as satisfied to the extent that it is the subject of setting off under regulations under subsection (1).
(3) In subsection (1), the references to child support maintenance to which this section applies are to child support maintenance for the collection of which the Secretary of State is authorised to make arrangements.
41D Power to accept part payment of arrears in full and final satisfaction
(1) The Secretary of State may, in relation to any arrears of child support maintenance, accept payment of part in satisfaction of liability for the whole.
(2) The Secretary of State must by regulations make provision with respect to the exercise of the power under subsection (1).
(3) The regulations must provide that unless one of the conditions in subsection (4) is satisfied the Secretary of State may not exercise the power under subsection (1) without the appropriate consent.
(4) The conditions are—
(a) that the Secretary of State would be entitled to retain the whole of the arrears under section 41(2) if Secretary of State recovered them;
(b) that the Secretary of State would be entitled to retain part of the arrears under section 41(2) if Secretary of State recovered them, and the part of the arrears that the Secretary of State would not be entitled to retain is equal to or less than the payment accepted under subsection (1).
(5) Unless the maintenance calculation was made under section 7, the appropriate consent is the written consent of the person with care with respect to whom the maintenance calculation was made.
(6) If the maintenance calculation was made under section 7, the appropriate consent is—
(a) the written consent of the child who made the application under section 7(1), and
(b) if subsection (7) applies, the written consent of the person with care of that child.
(7) This subsection applies if—
(a) the maintenance calculation was made under section 7(2), or
(b) the Secretary of State has made arrangements under section 7(3) on the application of the person with care.
(1) The Secretary of State may extinguish liability in respect of arrears of child support maintenance if it appears to the Secretary of State—
(a) that the circumstances of the case are of a description specified in regulations made by the Secretary of State, and
(b) that it would be unfair or otherwise inappropriate to enforce liability in respect of the arrears.
(2) The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).
(1) The Secretary of State may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Act.
(2) Those regulations may, for example, provide for the following to be special cases—
(a) each parent of a child is a non-resident parent in relation to the child;
(b) there is more than one person who is a person with care in relation to the same child;
(c) there is more than one qualifying child in relation to the same non-resident parent but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;
(d) a person is a non-resident parent in relation to more than one child and the other parent of each of those children is not the same person;
(e) the person with care has care of more than one qualifying child and there is more than one non-resident parent in relation to those children;
(f) a qualifying child has his home in two or more separate households;
(g) the same persons are the parents of two or more children and each parent is—
(i) a non-resident parent in relation to one or more of the children, and
(ii) a person with care in relation to one or more of the children.
(3) The Secretary of State may by regulations make provision with respect to special cases.
(4) Regulations made under subsection (3) may, in particular—
(a) modify any provision made by or under this Act, in its application to any special case or any special case falling within a prescribed category;
(b) make new provision for any such case; or
(c) provide for any prescribed provision made by or under this Act not to apply to any such case.
43 Recovery of child support maintenance by deduction from benefit.
(1) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.
(2) The reference in subsection (1) to the making of payments in respect of child support maintenance includes the recovery of—
(a) arrears of child support maintenance, and
(b) fees payable under section 6 of the Child Maintenance and Other Payments Act 2008.
(3) For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows’ pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation)).
(1) The Secretary of State may by regulations make provision for the recovery from the estate of a deceased person of arrears of child support maintenance for which the deceased person was liable immediately before death.
(2) Regulations under subsection (1) may, in particular—
(a) make provision for arrears of child support maintenance for which a deceased person was so liable to be a debt payable by the deceased's executor or administrator out of the deceased's estate to the Secretary of State;
(b) make provision for establishing the amount of any such arrears;
(c) make provision about procedure in relation to claims under the regulations.
(3) Regulations under subsection (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.
(1) The Secretary of State shall have jurisdiction to make a maintenance calculation with respect to a person who is—
(a) a person with care;
(b) a non-resident parent; or
(c) a qualifying child,
only if that person is habitually resident in the United Kingdom, except in the case of a non-resident parent who falls within subsection (2A).
(2) Where the person with care is not an individual, subsection (1) shall have effect as if paragraph (a) were omitted.
(2A) A non-resident parent falls within this subsection if he is not habitually resident in the United Kingdom, but is—
(a) employed in the civil service of the Crown, including Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
(b) a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996;
(c) employed by a company of a prescribed description registered under the Companies Act 2006; or
(d) employed by a body of a prescribed description.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45 Jurisdiction of courts in certain proceedings under this Act.
(1) The Lord Chancellor or, in relation to Scotland, the Lord Advocate may by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order—
(a) shall be made to a court instead of being made to the First-tier Tribunal; or
(b) shall be so made in such circumstances as may be so specified.
(2) In subsection (1), “court” means—
(a) in relation to England and Wales, the High Court or the family court; and
(b) in relation to Scotland, the Court of Session or the sheriff.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Any order under subsection (1) ... may make—
(a) such modifications of any provision of this Act or of any other enactment; and
(b) such transitional provision,
as the Minister making the order considers appropriate in consequence of any provision made by the order.
(8) The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.
(9) 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) Subject to the provisions of this Act and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision of ... the Secretary of State or the First-tier Tribunal made in accordance with the foregoing provisions of this Act shall be final.
(2) If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—
(a) further such decisions;
(b) decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and
(c) decisions made under the Vaccine Damage Payments Act 1979.
(1) Regulations may make provision as respects matters arising pending—
(a) any decision of the Secretary of State under section 11, 12 or 17;
(b) any decision of the First-tier Tribunal under section 20; or
(c) any decision of the Upper Tribunal in relation to a decision of the First-tier Tribunal under this Act.
(2) Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by regulations provide for the payment, by the non-resident parent or the person with care (or by both), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 4 or 6.
(2) The Secretary of State may by regulations provide for the payment, by the non-resident parent, the person with care or the child concerned (or by any or all of them), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 7.
(3) Regulations made under this section—
(a) may require any information which is needed for the purpose of determining the amount of any such fee to be furnished, in accordance with the regulations, by such person as may be prescribed;
(b) shall provide that no such fees shall be payable by any person to or in respect of whom income support, an income-based jobseeker’s allowance, any element of child tax credit other than the family element, working tax credit or any other benefit of a prescribed kind is paid; and
(c) may, in particular, make provision with respect to the recovery by the Secretary of State of any fees payable under the regulations.
(4) The provisions of this Act with respect to—
(a) the collection of child support maintenance;
(b) the enforcement of any obligation to pay child support maintenance,
shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section.
(1) Any officer of the Secretary of State who is authorised by the Secretary of State for the purposes of this section shall have, in relation to any proceedings under this Act before the family court or a magistrates’ court, a right of audience and the right to conduct litigation.
(2) In this section “right of audience” and “right to conduct litigation” have the same meaning as in section 119 of the Courts and Legal Services Act 1990.
49D Disclosure of information to credit reference agencies
(1) Subject to subsection (3), the Secretary of State may supply qualifying information to a credit reference agency for use for the purpose of furnishing information relevant to the financial standing of individuals.
(2) The reference in subsection (1) to qualifying information is to information which—
(a) is held by the Secretary of State for the purposes of this Act,
(b) relates to a person who is liable to pay child support maintenance, and
(c) is of a prescribed description.
(3) Information may not be supplied under subsection (1) without the consent of the person to whom it relates, unless a liability order against that person is in force.
(4) No provision may be made under section 14(3) authorising the supply of information by the Secretary of State to credit reference agencies.
(5) In this section, “credit reference agency” has the same meaning as in the Consumer Credit Act 1974.
(1) Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—
(a) was acquired by him in the course of that employment; and
(b) relates to a particular person.
(1A) Subsection (1) applies to employment as—
(za) any member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 in connection with the carrying out of any functions in relation to appeals from decisions made under this Act;
(a) any clerk to, or other officer of, an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998;
(b) any member of the staff of any such appeal tribunal;
(c) a civil servant in connection with the carrying out of any functions under this Act;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) any person who provides, or is employed in the provision of, services to the Secretary of State,
and to employment of any other kind which is prescribed for the purposes of this subsection.
(1B) Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—
(a) was acquired by him in the course of that employment;
(b) is information which is, or is derived from, information acquired or held for the purposes of this Act; and
(c) relates to a particular person.
(1C) Subsection (1B) applies to any employment which—
(a) is not employment to which subsection (1) applies, and
(b) is of a kind prescribed for the purposes of this subsection.
(2) It is not an offence under this section—
(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or
(b) to disclose information which has previously been disclosed to the public with lawful authority.
(3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—
(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
(4) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made—
(a) by a civil servant in accordance with his official duty; or
(b) by any other person either—
(i) for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the responsible person; or
(ii) to, or in accordance with an authorisation duly given by, the responsible person;
(c) in accordance with any enactment or order of a court;
(d) for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person mentioned in this Act; or
(e) with the consent of the appropriate person.
(7) “The responsible person” means—
(a) the Lord Chancellor;
(b) the Secretary of State;
(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) any person authorised for the purposes of this subsection by the Lord Chancellor or the Secretary of State;
(d) any other prescribed person, or person falling within a prescribed category.
(8) “The appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—
(a) under a power of attorney; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) by a Scottish mental health custodian, that is to say a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4); ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the appropriate person is the attorney or custodian (as the case may be) or, in a case falling within paragraph (a), the person to whom the information relates.
(9) Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is—
(a) a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or
(b) a deputy appointed for him, or any other person authorised, by the Court of Protection,
with power in that respect.
Any decision falling to be made under or by virtue of this Act by the Secretary of State may be made, not only by a person authorised to exercise the Secretary of State’s decision-making function, but also by a computer for whose operation such a person is responsible.
(1) The Secretary of State may by regulations make such incidental, supplemental and transitional provision as he considers appropriate in connection with any provision made by or under this Act.
(2) The regulations may, in particular, make provision—
(a) as to the procedure to be followed with respect to—
(i) the making of applications for maintenance calculations;
(ii) the making of decisions under section 11;
(iii) the making of decisions under section 16 or 17;
(b) extending the categories of case to which section 16, 17 or 20 applies;
(c) as to the date on which an application for a maintenance calculation is to be treated as having been made;
(d) for attributing payments made under maintenance calculations to the payment of arrears;
(e) for the adjustment, for the purpose of taking account of the retrospective effect of a maintenance calculation, of amounts payable under the calculation;
(f) for the adjustment, for the purpose of taking account of over-payments or under-payments of child support maintenance, of amounts payable under a maintenance calculation;
(g) as to the evidence which is to be required in connection with such matters as may be prescribed;
(h) as to the circumstances in which any official record or certificate is to be conclusive (or in Scotland, sufficient) evidence;
(i) with respect to the giving of notices or other documents;
(j) for the rounding up or down of any amounts calculated, estimated or otherwise arrived at in applying any provision made by or under this Act.
(3) No power to make regulations conferred by any other provision of this Act shall be taken to limit the powers given to the Secretary of State by this section.
(1) Any regulations made under this Act may be made so as to have effect for a specified period not exceeding 24 months.
(2) Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.
(3) A pilot scheme may provide that its provisions are to apply only in relation to—
(a) one or more specified areas or localities;
(b) one or more specified classes of person;
(c) persons selected by reference to prescribed criteria, or on a sampling basis.
(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
(5) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
(6) This section does not apply to regulations under—
(a) subsection (2A) of section 20 as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000;
(b) subsection (3A) of section 20 as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000.
(1) Any power conferred on ... the Lord Advocate or the Secretary of State by this Act to make regulations or orders (other than a deduction from earnings order) shall be exercisable by statutory instrument.
(2) No statutory instrument containing (whether alone or with other provisions) regulations made under—
(a) section ... 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)) 20(2A), 20(3A), 28C(2)(b), 28F(2)(b), 30(5A), 32A to 32C, 32E to 32J, 41(2), 41A, 41B(6), 41E(1)(a), 43(1), 44(2A)(d) ... or 47;
(b) paragraph 3(2) or 10A(1) of Part I of Schedule 1; or
(c) Schedule 4B,
or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
(2A) No statutory instrument containing (whether alone or with other provisions)—
(a) the first regulations under section 17(2) to make provision of the kind mentioned in section 17(3)(a) or (b),
(b) the first regulations under section 39F, 39M(4), 39P, 39Q, 41D(2), 41E(2) or 49A,
(c) the first regulations under paragraph 5A(6)(b) of Schedule 1,
(d) the first regulations under paragraph 9(1)(ba) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2) of that paragraph, or
(e) the first regulations under paragraph 10(1) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2)(a) or (b) of that paragraph,
shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
(2B) No statutory instrument containing (whether alone or with other provisions) regulations which by virtue of section 51A are to have effect for a limited period shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
(3) Any other statutory instrument made under this Act (except an order made under section 58(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Any power of a kind mentioned in subsection (1) may be exercised—
(a) in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
(ii) the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;
(iii) provision which is either unconditional or is subject to any specified condition;
(c) so to provide for a person to exercise a discretion in dealing with any matter.
(1) In this Act—
“non-resident parent”, has the meaning given in section 3(2);
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“application for a variation” means an application under section 28A or 28G;
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“benefit Acts” means the Social Security Contributions and Benefits Act 1992 and the Social Security Administration Act 1992;
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“charging order” has the same meaning as in section 1 of the Charging Orders Act 1979;
“child benefit” has the same meaning as in the Child Benefit Act 1975;
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“child support maintenance” has the meaning given in section 3(6);
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“curfew order” has the meaning given in section 39H(1);
“deduction from earnings order” has the meaning given in section 31(2);
“default maintenance decision” has the meaning given in section 12;
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“deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;
“disability living allowance” has the same meaning as in the benefit Acts;
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“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
“income support” has the same meaning as in the benefit Acts;
“interim maintenance decision” has the meaning given in section 12;
“liability order” has the meaning given in section 33(2);
“maintenance agreement” has the meaning given in section 9(1);
“maintenance calculation” means a calculation of maintenance made under this Act and, except in prescribed circumstances, includes a default maintenance decision and an interim maintenance decision;
“maintenance order” has the meaning given in section 8(11);
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“parent”, in relation to any child, means any person who is in law the mother or father of the child;
“parent with care” means a person who is, in relation to a child, both a parent and a person with care.
“parental responsibility”, in the application of this Act—
to England and Wales, has the same meaning as in the Children Act 1989; and
to Scotland, shall be construed as a reference to “parental responsibilities” within the meaning given by section 1(3) of the Children (Scotland) Act 1995;
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“person with care” has the meaning given in section 3(3);
“prescribed” means prescribed by regulations made by the Secretary of State;
“qualifying child” has the meaning given in section 3(1);
“voluntary payment” has the meaning given in section 28J.
(2) The definition of “deposit-taker” in subsection (1) is to be read with—
(a) section 22 of the Financial Services and Markets Act 2000;
(b) any relevant order under that section; and
(c) Schedule 2 to that Act.
(1) In this Act, “child” means (subject to subsection (2)) a person who—
(a) has not attained the age of 16, or
(b) has not attained the age of 20 and satisfies such conditions as may be prescribed.
(2) A person who is or has been party to a marriage or civil partnership is not a child for the purposes of this Act.
(3) For the purposes of subsection (2), “marriage” and “civil partnership” include a void marriage and a void civil partnership respectively.
56 Corresponding provision for and co-ordination with Northern Ireland.
(1) An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of the provisions of this Act, other than provisions which relate to the appointment of Child Support Commissioners for Northern Ireland—
(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The power of the Secretary of State to make regulations under section 14 requiring prescribed persons to furnish information may be exercised so as to require information to be furnished by persons employed in the service of the Crown or otherwise in the discharge of Crown functions.
(2) In such circumstances, and subject to such conditions, as may be prescribed, an inspector appointed under section 15 may enter any Crown premises for the purpose of exercising any powers conferred on him by that section.
(3) Where such an inspector duly enters any Crown premises for those purposes, section 15 shall apply in relation to persons employed in the service of the Crown or otherwise in the discharge of Crown functions as it applies in relation to other persons.
(4) Where a liable person is in the employment of the Crown, a deduction from earnings order may be made under section 31 in relation to that person; but in such a case subsection (8) of section 32 shall apply only in relation to the failure of that person to comply with any requirement imposed on him by regulations made under section 32.
(1) This Act may be cited as the Child Support Act 1991.
(2) Section 56(1) and subsections (1) to (11) and (14) of this section shall come into force on the passing of this Act but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor, the Secretary of State or Lord Advocate, or by any of them acting jointly.
(3) Different dates may be appointed for different provisions of this Act and for different purposes (including, in particular, for different cases or categories of case).
(4) An order under subsection (2) may make such supplemental, incidental or transitional provision as appears to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including such adaptations or modifications of—
(a) the provisions so brought into force;
(b) any provisions of this Act then in force; or
(c) any provision of any other enactment,
as appear to him to be necessary or expedient.
(5) Different provision may be made by virtue of subsection (4) with respect to different periods.
(6) Any provision made by virtue of subsection (4) may, in particular, include provision for—
(a) the enforcement of a maintenance calculation (including the collection of sums payable under the calculation) as if the calculation were a court order of a prescribed kind;
(b) the registration of maintenance calculations with the appropriate court in connection with any provision of a kind mentioned in paragraph (a);
(c) the variation, on application made to a court, of the provisions of a maintenance calculation relating to the method of making payments fixed by the calculation or the intervals at which such payments are to be made;
(d) a maintenance calculation, or an order of a prescribed kind relating to one or more children, to be deemed, in prescribed circumstances, to have been validly made for all purposes or for such purposes as may be prescribed.
In paragraph (c) “court” includes a single justice.
(7) The Lord Chancellor, the Secretary of State or the Lord Advocate may by order make such amendments or repeals in, or such modifications of, such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision made by or under this Act (including any provision made by virtue of subsection (4)).
(8) This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
(9) Sections 27, 35, 40 and 48 and paragraph 7 of Schedule 5 do not extend to Scotland.
(10) Sections 7, 28, 40A and 49 extend only to Scotland.
(11) With the exception of sections 23 and 56(1), subsections (1) to (3) of this section and Schedules 2 and 4, and (in so far as it amends any enactment extending to Northern Ireland) Schedule 5, this Act does not extend to Northern Ireland.
(12) Until Schedule 1 to the Disability Living Allowance and Disability Working Allowance Act 1991 comes into force, paragraph 1(1) of Schedule 3 shall have effect with the omission of the words “and disability appeal tribunals” and the insertion, after “social security appeal tribunals”, of the word “ and ”.
(13) The consequential amendments set out in Schedule 5 shall have effect.
(14) In Schedule 1 to the Children Act 1989 (financial provision for children), paragraph 2(6)(b) (which is spent) is hereby repealed.
Section 11.
PART I Calculation of weekly amount of child support maintenance
General rule
1 (1) Subject to paragraph 5A, the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.
(2) Unless the nil rate applies, the amount payable weekly to a person with care is—
(a) the applicable rate, if paragraph 6 does not apply; or
(b) if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,
as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.
Basic rate
2 (1) Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income—
12% where the non-resident parent has one qualifying child;
16% where the non-resident parent has two qualifying children;
19% where the non-resident parent has three or more qualifying children.
(2) If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder—
9% where the non-resident parent has one qualifying child;
12% where the non-resident parent has two qualifying children;
15% where the non-resident parent has three or more qualifying children.
(3) If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage—
11% where the non-resident parent has one relevant other child;
14% where the non-resident parent has two relevant other children;
16% where the non-resident parent has three or more relevant other children.
Reduced rate
3 (1) A reduced rate is payable if—
(a) neither a flat rate nor the nil rate applies; and
(b) the non-resident parent’s gross weekly income is less than £200 but more than £100.
(2) The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.
(3) The regulations may not prescribe, or result in, a rate of less than £7.
Flat rate
4 (1) Except in a case falling within sub-paragraph (2), a flat rate of £7 is payable if the nil rate does not apply and—
(a) the non-resident parent’s gross weekly income is £100 or less; or
(b) he receives any benefit, pension or allowance prescribed for the purposes of this paragraph of this sub-paragraph; or
(c) he or his partner (if any) receives any benefit prescribed for the purposes of this paragraph of this sub-paragraph.
(2) A flat rate of a prescribed amount is payable if the nil rate does not apply and—
(a) the non-resident parent has a partner who is also a non-resident parent;
(b) the partner is a person with respect to whom a maintenance calculation is in force; and
(c) the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).
(3) The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include ones paid to the non-resident parent under the law of a place outside the United Kingdom.
Nil rate
5 The rate payable is nil if the non-resident parent—
(a) is of a prescribed description; or
(b) has a gross weekly income of below £7.
Non-resident parent party to other maintenance arrangement
5A (1) This paragraph applies where—
(a) the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and
(b) the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.
(2) The weekly rate of child support maintenance is the greater of £7 and the amount found as follows.
(3) First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.
(4) Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.
(5) Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.
(6) For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—
(a) liable to pay maintenance or aliment for the child under a maintenance order, or
(b) a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,
and the child is habitually resident in the United Kingdom.
Apportionment
6 (1) If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.
(2) The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.
Shared care—basic and reduced rate
7 (1) This paragraph applies where the rate of child support maintenance payable is the basic rate or a reduced rate or is determined under paragraph 5A.
(2) If the care of a qualifying child is, or is to be, shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs of this Part of this Schedule, is to be decreased in accordance with this paragraph.
(3) First, there is to be a decrease according to the number of such nights which the Secretary of State determines there to have been, or expects there to be, or both during a prescribed twelve-month period.
(4) The amount of that decrease for one child is set out in the following Table—
Number of nights | Fraction to subtract
52 to 103 | One-seventh
104 to 155 | Two-sevenths
156 to 174 | Three-sevenths
175 or more | One-half
(5) If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.
(6) If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child.
(7) If the application of the preceding provisions of this paragraph would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than £7, he is instead liable to pay child support maintenance at the rate of £7 a week, apportioned (if appropriate) in accordance with paragraph 6.
Shared care—flat rate
8 (1) This paragraph applies only if—
(a) the rate of child support maintenance payable is a flat rate; and
(b) that rate applies because the non-resident parent falls within paragraph 4(1)(b) or (c) or 4(2).
(2) If the care of a qualifying child is, or is to be, shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed 12-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.
Regulations about shared care
9 (1) The Secretary of State may by regulations provide—
(za) for how it is to be determined whether the care of a qualifying child is to be shared as mentioned in paragraph 7(2);
(a) for which nights are to count for the purposes of shared care under paragraphs 7 and 8, ... ;
(b) for what counts, or does not count, as “care” for those purposes; and
(ba) for how it is to be determined how many nights count for those purposes;
(c) for paragraph 7(3) or 8(2) to have effect, in prescribed circumstances, as if the period mentioned there were other than 12 months, and in such circumstances for the Table in paragraph 7(4) (or that Table as modified pursuant to regulations made under paragraph 10A(2)(a)), or the period mentioned in paragraph 8(2), to have effect with prescribed adjustments.
(2) Regulations under sub-paragraph (1)(ba) may include provision enabling the Secretary of State to proceed for a prescribed period on the basis of a prescribed assumption.
Gross weekly income
10 (1) For the purposes of this Schedule, gross weekly income is to be determined in such manner as is provided for in regulations.
(2) The regulations may, in particular—
(a) provide for determination in prescribed circumstances by reference to income of a prescribed description in a prescribed past period;
(b) provide for the Secretary of State to estimate any income or make an assumption as to any fact where, in Secretary of State's view, the information at Secretary of State's disposal is unreliable or insufficient, or relates to an atypical period in the life of the non-resident parent.
(3) Any amount of gross weekly income (calculated as above) over £3,000 is to be ignored for the purposes of this Schedule.
Regulations about rates, figures, etc.
10A (1) The Secretary of State may by regulations provide that—
(a) paragraph 2 is to have effect as if different percentages were substituted for those set out there;
(b) paragraph 2(2), 3(1) or (3), 4(1), 5, 5A(2), 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.
(2) The Secretary of State may by regulations provide that—
(a) the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;
(b) paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.
Regulations about income
10B The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—
(a) where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his gross weekly income, his gross weekly income shall be taken to include income from that source of an amount estimated by the Secretary of State;
(b) a person is to be treated as possessing income which he does not possess;
(c) income which a person does possess is to be disregarded.
References to various terms
10C (1) References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made or with respect to whom a maintenance calculation in respect of the non-resident parent has effect.
(2) References in this Part of this Schedule to “relevant other children” are to—
(a) children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits Act 1992; and
(b) such other description of children as may be prescribed.
(3) In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.
(4) In this Part of this Schedule, a person’s “partner” is—
(a) if they are a couple, the other member of that couple;
(b) if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.
(5) In sub-paragraph (4)(a), “couple” means—
(a) two people who are married to, or civil partners of, each other and are members of the same household, or
(b) two people who are not married to, or civil partners of, each other but are living together as a married couple or civil partners.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II General Provisions About Maintenance Calculations
Effective date of calculation
11 (1) A maintenance calculation shall take effect on such date as may be determined in accordance with regulations made by the Secretary of State.
(2) That date may be earlier than the date on which the calculation is made.
Form of calculation
12 Every maintenance calculation shall be made in such form and contain such information as the Secretary of State may direct.
Assessments where amount of child support is nil
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Consolidated applications and calculations
14 The Secretary of State may by regulations provide—
(a) for two or more applications for maintenance calculations to be treated, in prescribed circumstances, as a single application; and
(b) for the replacement, in prescribed circumstances, of a maintenance calculation made on the application of one person by a later maintenance calculation made on the application of that or any other person.
Separate calculations for different periods
15 Where the Secretary of State is satisfied that the circumstances of a case require different amounts of child support maintenance to be assessed in respect of different periods, the Secretary of State may make separate maintenance calculations each expressed to have effect in relation to a different specified period.
Termination of calculations
16 (1) A maintenance calculation shall cease to have effect—
(a) on the death of the non-resident parent, or of the person with care, with respect to whom it was made;
(b) on there no longer being any qualifying child with respect to whom it would have effect;
(c) on the non-resident parent with respect to whom it was made ceasing to be a parent of—
(i) the qualifying child with respect to whom it was made; or
(ii) where it was made with respect to more than one qualifying child, all of the qualifying children with respect to whom it was made;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) A person with care with respect to whom a maintenance calculation is in force shall provide the Secretary of State with such information, in such circumstances, as may be prescribed, with a view to assisting the Secretary of State ... in determining whether the calculation has ceased to have effect ...
(11) The Secretary of State may by regulations make such supplemental, incidental or transitional provision as he thinks necessary or expedient in consequence of the provisions of this paragraph.
SCHEDULE 4 Child Support Commissioners for Northern Ireland
Section 22(5).
Tenure of office
1 (1) Every Child Support Commissioner for Northern Ireland shall vacate his office on the date on which he reaches the age of 75.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissioners’ remuneration and their pensions
2 (1) The Department of Justice shall pay, or make such payments towards the provision of such remuneration, ... allowances or gratuities to or in respect of persons appointed as Child Support Commissioners for Northern Ireland as, with the consent of the Treasury, the Lord Chancellor may determine.
(2) The Department of Justice shall pay to a Child Support Commissioner for Northern Ireland such expenses incurred in connection with his work as such a Commissioner as may be determined by the Treasury.
(3) Sub-paragraph (1), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
Expenses of other persons
2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissioners barred from legal practice
3 A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.
Deputy Child Support Commissioners
4 (1) The Northern Ireland Judicial Appointments Commission may appoint persons to act as Child Support Commissioners for Northern Ireland (but to be known as deputy Child Support Commissioners for Northern Ireland) in order to facilitate the disposal of the business of Child Support Commissioners for Northern Ireland.
(2) A deputy Child Support Commissioner for Northern Ireland shall be appointed—
(a) from among persons who are barristers or solicitors of not less than the number of years' standing specified in section 23(2), and
(b) subject to sub-paragraph (2A), for such period or on such occasions as the Commission determines with the agreement of the Department of Justice.
(2A) No appointment of a person to be a deputy Child Support Commissioner for Northern Ireland shall be such as to extend beyond the date on which he reaches the age of 75.
(3) Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.
Determination of questions by other officers
4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tribunals of Commissioners
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finality of decisions
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consultation with Lord Advocate
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northern Ireland
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
1 In this Schedule, “regulations” means regulations made by the Secretary of State.
Applications for a variation
2 Regulations may make provision—
(a) as to the procedure to be followed in considering an application for a variation;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Completion of preliminary consideration
3 Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.
Information
4 If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to consider the application.
Joint consideration of applications for a variation and appeals
5 (1) Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4B Applications for a variation: The Cases and Controls
Part I The Cases
General
1 (1) The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part.
(2) In this Schedule “applicant” means the person whose application for a variation is being considered.
Special expenses
2 (1) A variation applied for by a non-resident parent may be agreed with respect to his special expenses.
(2) In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.
(3) In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to—
(a) costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made ... ;
(b) costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);
(c) debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for ... —
(i) for the joint benefit of both parents;
(ii) for the benefit of any such child; or
(iii) for the benefit of any other child falling within a prescribed category;
(d) boarding school fees for a child in relation to whom the application for a maintenance calculation has been made ... ;
(e) the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and she and a child in relation to whom the application for a maintenance calculation has been made ... still live there.
(4) For the purposes of sub-paragraph (3)(b)—
(a) “disability” and “illness” have such meaning as may be prescribed; and
(b) the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.
(5) For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe—
(a) the meaning of “boarding school fees”; and
(b) components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,
and may provide for estimating any such component.
Property or capital transfers
3 (1) A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—
(a) a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or
(b) an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.
(2) The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—
(a) the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or
(b) no amount was payable by the non-resident parent by way of maintenance.
(3) For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.
Additional cases
4 (1) The Secretary of State may by regulations prescribe other cases in which a variation may be agreed.
(2) Regulations under this paragraph may, for example, make provision with respect to cases where—
(a) the non-resident parent has assets which exceed a prescribed value;
(b) a person’s lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;
(c) a person has income which is not taken into account in such a calculation;
(d) a person has unreasonably reduced the income which is taken into account in such a calculation.
Part II Regulatory Controls
5 (1) The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.
(2) No variations may be made other than those which are permitted by the regulations.
(3) Regulations under this paragraph may, in particular, make provision for a variation to result in—
(a) a person’s being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;
(b) a person’s being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.
(4) Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.
(5) Any regulations under this paragraph may in particular make different provision with respect to different levels of income.
6 The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).
Section 58(13).
The Tribunals and Inquiries Act 1971 (c.62)
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Constitution Act 1973 (c. 36)
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975 (c.24)
3 (1) The House of Commons Disqualification Act 1975 shall be amended as follows.
(2) In Part I of Schedule 1 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “ Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ” “ Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ”
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Assembly Disqualification Act 1975 (c.25)
4 (1) In Part I of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “ Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ” “ Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ”
The Family Law (Scotland) Act 1985 (c.37)
5 In section 4 (amount of aliment) of the Family Law (Scotland) Act 1985, at the end there shall be added—
(4) Where a court makes an award of aliment in an action brought by or on behalf of a child under the age of 16 years, it may include in that award such provision as it considers to be in all the circumstances reasonable in respect of the expenses incurred wholly or partly by the person having care of the child for the purpose of caring for the child.
Bankruptcy (Scotland) Act 1985 (c.66)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Insolvency Act 1986 (c.45)
7 In section 281(5)(b) of the Insolvency Act 1986 (effect of discharge of bankrupt), after “family proceedings” there shall be inserted “ or under a maintenance calculation made under the Child Support Act 1991 ”.
The Debtors (Scotland) Act 1987 (c.18)
8 (1) The Debtors (Scotland) Act 1987 shall be amended as follows.
(2) In section 1(5) (time to pay directions not competent in certain cases) after paragraph (c) there shall be inserted—
(cc) in connection with a liability order within the meaning of the Child Support Act 1991;
.
(3) In section 15(3) (interpretation of Part I), in the definition of “decree or other document”, after “maintenance order” there shall be inserted “ , a liability order within the meaning of the Child Support Act 1991 ”.
(4) In section 54(1) (maintenance arrestment to be preceded by default) in paragraph (c) for “the aggregate of 3 instalments” there shall be substituted “ one instalment ”.
(5) In section 72 (effect of sequestration on diligence against earnings)—
(a) in subsection (2) after “order” there shall be inserted “ or deduction from earnings order under the Child Support Act 1991 ”;
(b) after subsection (3) there shall be inserted—
(3A) Any sum deducted by the employer under such a deduction from earnings order made before the date of sequestration shall be paid to the Secretary of State, notwithstanding that the date of payment will be after the date of sequestration.
;
(c) after subsection (4) there shall be inserted—
(4A) A deduction from earnings order under the said Act shall not be competent after the date of sequestration to secure the payment of any amount due by the debtor under a maintenance calculation within the meaning of that Act in respect of which a claim could be made in the sequestration.
.
(6) In section 73(1) (interpretation of Part III), in the definition of “net earnings”,
(a) in paragraph (c) for “within the meaning of the Wages Councils Act 1979” there shall be substituted
, namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—
(i) to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or
(ii) to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,
whether with or without any further or other benefit;
; and
(b) at the end there shall be added—
(d) any amount deductible by virtue of a deduction from earnings order which, in terms of regulations made under section 32(4)(c) of the Child Support Act 1991, is to have priority over diligences against earnings.
(7) In section 106 (interpretation) in the definition of “maintenance order”—
(a) the word “or” where it appears after paragraph (g), shall be omitted; and
(b) at the end there shall be inserted
or
(j) a maintenance calculation within the meaning of the Child Support Act 1991.
.