UKPGA-2008-6 Child Maintenance and Other Payments Act 2008 UK

Current to 2024-02-09

Contents
preamble

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:—

Part 1

The Child Maintenance and Enforcement Commission

s. 1 — The Child Maintenance and Enforcement Commission

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s. 2 — Objectives of the Commission

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s. 3 — Functions of the Commission: general

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s. 4 — Promotion of child maintenance

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s. 5 — Provision of information and guidance

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s. 6 — Fees
s. 6(1)

The Secretary of State may by regulations make provision about the charging of fees by the Secretary of State in connection with the exercise of its functions.

s. 6(2)

Regulations under subsection (1) may, in particular, make provision—

s. 6(2)(a)

about when a fee may be charged;

s. 6(2)(b)

about the amount which may be charged;

s. 6(2)(c)

for the supply of information needed for the purpose of determining the amount which may be charged;

s. 6(2)(d)

about who is liable to pay any fee charged(including provision for the apportionment of fees and the matters to be taken into account in determining an apportionment);

s. 6(2)(e)

about when any fee charged is payable;

s. 6(2)(f)

about the recovery of fees charged;

s. 6(2)(g)

about ..., reduction or repayment of fees.

s. 6(2)(h)

about waiver of fees (including the matters to be taken into account in determining a waiver).

s. 6(3)

The power conferred by subsection (1) includes power to make provision for the charging of fees which are not related to costs.

s. 6(3A)

The Secretary of State must review the effect of the first regulations made under subsection (1).

s. 6(3B)

The review must take place before the end of the period of 30 months beginning with the day on which those regulations come into force.

s. 6(3C)

After the review, the Secretary of State must make and publish a report containing—

s. 6(3C)(a)

the conclusions of the review, and

s. 6(3C)(b)

a statement as to what the Secretary of State proposes to do in view of those conclusions.

s. 6(3D)

The report must be laid before Parliament by the Secretary of State.

s. 6(4)

The Secretary of State may by regulations provide that the provisions of the Child Support Act 1991 (c. 48) with respect to—shall apply equally (with any necessary modifications) to fees payable by virtue of regulations under subsection (1).

s. 6(4)(a)

the collection of child support maintenance,

s. 6(4)(b)

the enforcement of any obligation to pay child support maintenance,

s. 6(5)

The Secretary of State may by regulations make provision for a person affected by a decision of the Secretary of State under regulations under subsection (1) to have a right of appeal against the decision to the First-tier Tribunal.

s. 6(6)

Subsections (3) to (5), (7) and (8) of section 20 of the Child Support Act 1991 (appeals to First-tier Tribunal) apply to appeals under regulations under subsection (5) as they apply to appeals under that section.

s. 6(7)

The Secretary of State shall pay into the Consolidated Fund any amount which the Secretary of State receives in respect of fees charged by the Secretary of State under regulations under this section.

s. 7 — Agency arrangements and provision of services

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s. 8 — Contracting out
s. 8(1)

Any function of the Secretary of State relating to child support may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose.

s. 8(2)

An authorisation given by virtue of subsection (1) may authorise the exercise of the function concerned—

s. 8(2)(a)

either wholly or to such extent as may be specified in the authorisation,

s. 8(2)(b)

either generally or in such cases or areas as may be so specified, and

s. 8(2)(c)

either unconditionally or subject to the fulfilment of such conditions as may be so specified.

s. 8(3)

An authorisation given by virtue of subsection (1)—

s. 8(3)(a)

may specify its duration,

s. 8(3)(b)

may be revoked at any time by the Secretary of State, and

s. 8(3)(c)

shall not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.

s. 8(4)

Where a person is authorised to exercise any function by virtue of subsection (1), anything done or omitted to be done by or in relation to that person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.

s. 8(5)

Subsection (4) shall not apply—

s. 8(5)(a)

for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or

s. 8(5)(b)

for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

s. 8(6)

Where—the authorised person shall be entitled to treat the relevant contract as repudiated by the Secretary of State(and not as frustrated by reason of the revocation).

s. 8(6)(a)

a person is authorised to exercise any function by virtue of subsection (1), and

s. 8(6)(b)

the authorisation is revoked at a time when a relevant contract is subsisting,

s. 8(7)

In subsection (6), the reference to a relevant contract is to so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function.

s. 9 — Annual report to Secretary of State

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s. 10 — Directions and guidance

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s. 11 — Review of the status of the Commission

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s. 12 — Supplementary provisions

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Part 2

Transfer of child support functions etc. to the Commission

s. 13 — Transfer of child support functions

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s. 14 — Transfer of property, rights and liabilities

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Part 3

Child support etc.

Removal of compulsion for benefit claimants

s. 15 — Repeal of sections 6 and 46

The following provisions of the Child Support Act 1991 (c. 48) cease to have effect—

s. 15(a)

section 6 (under which the claim of benefit by or in respect of a parent with care, or the payment of benefit to or in respect of such a person, triggers an application by her or him for child support maintenance), and

s. 15(b)

section 46 (which enables the Secretary of State in certain circumstances to reduce the benefit of a person in relation to whom section 6 triggers the making of an application for child support maintenance).

Maintenance calculations

s. 16 — Changes to the calculation of maintenance

Schedule 4 (which makes various changes to the provisions about the calculation of maintenance) has effect.

s. 17 — Power to regulate supersession

In section 17 of the Child Support Act 1991 (c. 48) (decisions superseding earlier decisions), for subsections (2) and (3) substitute—

s. 18 — Determination of applications for a variation
s. 18(1)

Section 28D of the Child Support Act 1991 is amended as follows.

s. 18(2)

After subsection (2) insert—

s. 18(3)

In subsection (3), after “duties” insert “ , apart from the duty under subsection (2B) ”.

s. 19 — Transfer of cases to new rules

Schedule 5 (which makes provision for, and in connection with, enabling the Commission to require existing cases to transfer to the new maintenance calculation rules or to leave the statutory scheme, so far as future accrual of liability is concerned) has effect.

Collection and enforcement

s. 20 — Use of deduction from earnings orders as basic method of payment

In section 29 of the Child Support Act 1991 (c. 48) (under which payments of child support maintenance are to be made in accordance with regulations) at the end insert—

s. 21 — Deduction from earnings orders: the liable person's earnings

In section 31 of the Child Support Act 1991 (deduction from earnings orders), for subsection (8) substitute—

s. 22 — Orders for regular deductions from accounts

After section 32 of the Child Support Act 1991 (c. 48) insert—

s. 23 — Lump sum deduction orders

After section 32D of the Child Support Act 1991 (c. 48) (inserted by section 22 of this Act) insert—

s. 24 — Orders preventing avoidance

After section 32K of the Child Support Act 1991 (inserted by section 23 of this Act) insert—

s. 25 — Administrative liability orders

After section 32L of the Child Support Act 1991 (c. 48) (inserted by section 24 of this Act) insert—

s. 26 — Enforcement in county courts

In section 36 of the Child Support Act 1991 (enforcement in county courts), in subsection (1) (under which the amount in respect of which a liability order is made is recoverable by a third party debt order or charging order as if it were payable under a county court order, but only if a county court so orders), the words “, if a county court so orders,” are omitted.

s. 27 — Disqualification for holding or obtaining travel authorisation

Before section 40 of the Child Support Act 1991 (c. 48) insert—

s. 28 — Curfew orders

After section 39G of the Child Support Act 1991 (c. 48) (inserted by section 27 of this Act) insert—

s. 29 — Commitment to prison
s. 29(1)

In section 40 of the Child Support Act 1991 (c. 48) (commitment to prison), before subsection (3) insert—

s. 29(2)

For subsection (10) of that section, substitute—

s. 29(3)

In section 40A of that Act (commitment to prison: Scotland), before subsection (1) insert—

s. 29(4)

After subsection (7) of that section, insert—

s. 30 — Disqualification for driving
s. 30(1)

In section 40B of the Child Support Act 1991 (c. 48) (disqualification from driving), for the heading and subsection (1) substitute—

s. 30(2)

For subsection (10) of that section, substitute—

Debt management powers

s. 31 — Power to treat liability as satisfied

After section 41B of the Child Support Act 1991 (c. 48) insert—

s. 32 — Power to accept part payment of arrears in full and final satisfaction

After section 41C of the Child Support Act 1991 (inserted by section 31 of this Act) insert—

s. 33 — Power to write off arrears

After section 41D of the Child Support Act 1991 (c. 48) (inserted by section 32 of this Act) insert—

s. 34 — Transfer of arrears

After section 49 of the Child Support Act 1991 insert—

Miscellaneous

s. 35 — Registered maintenance agreements: Scotland
s. 35(1)

In section 4(10) of the Child Support Act 1991 (c. 48) (exclusion of application for maintenance calculation), after paragraph (aa) insert—.

s. 35(2)

In section 7(10) of that Act (exclusion of application by child in Scotland for maintenance calculation), at the end of paragraph (b) insert

s. 35(3)

In section 9(3) of that Act (agreements about maintenance), after “4(10)(a)” insert “ and (ab) ”.

s. 36 — Offence of failing to notify change of address
s. 36(1)

In section 14A of the Child Support Act 1991 (information_offences), after subsection (3) insert—

s. 36(2)

In that section, in subsection (4), after “subsection (3)” insert “ or (3A) ”.

s. 37 — Additional special case

In section 42(2) of the Child Support Act 1991 (examples of cases in relation to which the power under subsection (1) to prescribe circumstances in which a case is to be treated as a special case for the purposes of the Act may be exercised), at the end insert—

s. 38 — Recovery of arrears from deceased's estate

After section 43 of the Child Support Act 1991 (c. 48) insert—

s. 39 — Disclosure of information relating to family proceedings
s. 39(1)

After section 49A of the Child Support Act 1991 (inserted by section 34 of this Act), insert—

s. 40 — Disclosure of information to credit reference agencies

After section 49C of the Child Support Act 1991 (c. 48) (inserted by section 39 of this Act) insert—

s. 41 — Pilot schemes

After section 51 of the Child Support Act 1991 insert—

s. 42 — Meaning of “child”

For section 55 of the Child Support Act 1991 (c. 48) substitute—

s. 43 — Extinction of liability in respect of interest and fees

Any outstanding liability in respect of the following is extinguished—

s. 43(a)

interest under the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816);

s. 43(b)

fees under the Child Support Fees Regulations 1992 (S.I. 1992/3094).

s. 44 — Use of information

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s. 45 — Liable relative provisions: exclusion of parental duty to maintain
s. 45(1)

In section 105 of the Social Security Administration Act 1992 (c. 5) (failure to maintain), for subsection (3) substitute—

s. 45(2)

In that section, in subsection (4), for the words from “a person” to the end, substitute “ subsection (3)(b) shall not apply ”.

Part 4

Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments

s. 46 — Lump sum payments
s. 46(1)

A claim for a payment under this Part may be made by—

s. 46(1)(a)

a person with diffuse mesothelioma, or

s. 46(1)(b)

a dependant of a person who, immediately before death, had diffuse mesothelioma.

s. 46(2)

The Secretary of State must make the payment to the claimant if satisfied that the conditions of entitlement in section 47 are fulfilled.

s. 46(3)

Regulations—

s. 46(3)(a)

may prescribe the amount of any payment;

s. 46(3)(b)

may prescribe different amounts for different cases or classes of cases or for different circumstances.

s. 46(4)

In this Part—“dependant” has the meaning given by section 3 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41) (“the 1979 Act”);“diffuse mesothelioma” has the same meaning as in the 1979 Act.

s. 46(5)

Where, because of section 3(1)(b) or (d) of the 1979 Act (children, siblings etc.), a payment may be claimed by two or more persons, the payment is to be made to one of them or divided between some or all of them as the Secretary of State thinks fit.

s. 47 — Conditions of entitlement
s. 47(1)

In the case of a person who has diffuse mesothelioma, the conditions of entitlement are—

s. 47(1)(a)

that no payment within subsection (3) has been made in consequence of the disease;

s. 47(1)(b)

that the person is not eligible for any payment in consequence of the disease that is of a description prescribed by regulations;

s. 47(1)(c)

that such requirement, if any, as may be prescribed by regulations as to the person's connection with the United Kingdom is satisfied.

s. 47(2)

In the case of a dependant of a person who, immediately before death, had diffuse mesothelioma, the conditions of entitlement are—

s. 47(2)(a)

that no payment within subsection (3) has been made in consequence of the disease to that or another dependant or to the deceased or the deceased's personal representatives;

s. 47(2)(b)

that the dependant is not, and the deceased was not, eligible for any payment in consequence of the disease that is of a description prescribed by regulations;

s. 47(2)(c)

that such requirement, if any, as may be prescribed by regulations as to the deceased's connection with the United Kingdom is satisfied.

s. 47(3)

The payments referred to in subsections (1)(a) and (2)(a) are—

s. 47(3)(a)

a payment under this Part or under corresponding provision made for Northern Ireland;

s. 47(3)(b)

a payment under the 1979 Act or under corresponding provision made for Northern Ireland;

s. 47(3)(ba)

a payment under the Diffuse Mesothelioma Payment Scheme (for the scheme, see the Mesothelioma Act 2014);

s. 47(3)(c)

an extra-statutory payment;

s. 47(3)(d)

damages or a payment in settlement of a claim for damages;

s. 47(3)(e)

a payment of a description prescribed by regulations.

s. 47(4)

A payment is to be disregarded for the purposes of subsection (1)(a) or (2)(a) if it has been, or is liable to be, repaid—

s. 47(4)(a)

under section 49 of this Act or under corresponding provision made for Northern Ireland;

s. 47(4)(b)

under section 5 of the 1979 Act or under corresponding provision made for Northern Ireland;

s. 47(4)(c)

under the terms of an extra-statutory payment;

s. 47(4)(d)

in circumstances prescribed for the purposes of this section by regulations.

s. 47(5)

In this section “extra-statutory payment” has the meaning given by section 1A(5)(d) of the Social Security (Recovery of Benefits) Act 1997 (c. 27).

s. 48 — Determination of claims
s. 48(1)

A claim under section 46 must be made in the manner and within the period prescribed by regulations.

s. 48(2)

Regulations may prescribe different periods for different cases or classes of cases or for different circumstances.

s. 48(3)

Regulations may in particular provide that no claim may be made in cases where the prescribed period expired before the commencement of section 46 (or would have done but for any discretion to extend it).

s. 48(4)

The Secretary of State may, before determining any claim under section 46, appoint a person to inquire into any question arising on the claim, or any matters arising in connection with it, and to report on the question, or on those matters, to the Secretary of State.

s. 49 — Reconsideration
s. 49(1)

Subject to subsection (2), the Secretary of State—

s. 49(1)(a)

may reconsider a determination that a payment should not be made under this Part, on the ground that there has been a material change of circumstances since the determination was made; and

s. 49(1)(b)

may reconsider a determination either that a payment should or that a payment should not be made under this Part, on the ground that the determination was made in ignorance of, or was based on a mistake as to, a material fact.

s. 49(2)

Regulations must prescribe the manner in which and may prescribe the period within which—

s. 49(2)(a)

an application may be made to the Secretary of State for reconsideration of a determination; or

s. 49(2)(b)

the Secretary of State may institute such a reconsideration without an application.

s. 49(3)

Section 48(4) applies in relation to any reconsideration of a determination under this section as it applies in relation to the determination of a claim.

s. 49(4)

Subsection (5) applies if—

s. 49(4)(a)

whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and

s. 49(4)(b)

in consequence of the misrepresentation or failure, a payment is made under this Part.

s. 49(5)

The person to whom the payment was made is liable to repay the amount of that payment to the Secretary of State unless that person can show that the misrepresentation or failure occurred without that person's connivance or consent.

s. 49(6)

Except as provided by subsection (5), no payment under this Part is recoverable by virtue of a reconsideration of a determination under this section.

s. 49(7)

Any sums repaid to the Secretary of State by virtue of subsection (5) are to be paid into the Consolidated Fund.

s. 50 — Appeal to First-tier Tribunal
s. 50(1)

A person who has made a claim under section 46 may appeal against a determination made by the Secretary of State—

s. 50(1)(a)

on the claim, or

s. 50(1)(b)

on reconsideration under section 49 of a determination made on the claim.

s. 50(1A)

Regulations may provide that, in such cases or circumstances as may be prescribed, a person may appeal against a determination made on a claim only if the Secretary of State has decided whether to reconsider the determination under section 49.

s. 50(1B)

The regulations may in particular provide that that condition is met only where—

s. 50(1B)(a)

the decision of the Secretary of State was on an application,

s. 50(1B)(b)

the Secretary of State considered issues of a specified description, or

s. 50(1B)(c)

the decision of the Secretary of State satisfied any other condition specified in the regulations.

s. 50(2)

Subject to regulations under subsection (4)(c), the Secretary of State must refer any appeal to the First-tier Tribunal

s. 50(3)

On an appeal the tribunal may substitute for the determination concerned any determination which could have been made in accordance with this Part.

s. 50(4)

Regulations may make provision—

s. 50(4)(a)

as to the manner in which, and the time within which, an appeal may be made;

s. 50(4)(b)

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s. 50(4)(c)

for the purpose of enabling an appeal under subsection (1)(a)(or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal) to be treated as an application for reconsideration under section 49 of the determination made on the claim.

s. 51 — Appeal to Social Security Commissioner

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s. 52 — Minors and people who lack capacity
s. 52(1)

This section applies where a payment under this Part falls to be made to—

s. 52(1)(a)

a person aged under 18, or

s. 52(1)(b)

a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c. 9) (or, in Scotland, who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)) in relation to financial matters.

s. 52(2)

Subject to section 46(5) the payment is to be made for that person's benefit by paying it to such trustees as the Secretary of State may appoint.

s. 52(3)

The trustees are to hold the payment on such trusts or, in Scotland, for such purposes and on such conditions as the Secretary of State may declare.

s. 53 — Regulations: Part 4
s. 53(1)

A reference in this Part to regulations is a reference to regulations made by the Secretary of State.

s. 53(2)

The power to make regulations under this Part—

s. 53(2)(a)

is exercisable by statutory instrument;

s. 53(2)(b)

includes power to make such incidental, supplementary or transitional provision as the Secretary of State thinks fit;

s. 53(2)(c)

may be exercised so as to provide for a person to exercise a discretion in dealing with any matter.

s. 53(2A)

The power to make regulations under section 50(1A) may be exercised—

s. 53(2A)(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;

s. 53(2A)(b)

so as to make, as respects the cases in relation to which it is exercised—

s. 53(2A)(b)(i)

the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);

s. 53(2A)(b)(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;

s. 53(2A)(b)(iii)

provision which is either unconditional or is subject to any specified condition.

s. 53(3)

No regulations may be made under section 46 or 50(1A) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

s. 53(4)

No regulations may be made under any provision of section 47 if they are the first regulations to be made under that section, unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

s. 53(5)

A statutory instrument that—shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 53(5)(a)

contains regulations under this Part, and

s. 53(5)(b)

is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

Recovery of mesothelioma and other lump sum payments

s. 54 — Amendment of Social Security (Recovery of Benefits) Act 1997

After section 1 of the Social Security (Recovery of Benefits) Act 1997 (c. 27) insert—

Part 5

General

s. 55 — Regulations and orders: general
s. 55(1)

This section has effect in relation to regulations under this Act, except Part 4.

s. 55(2)

Power to make regulations is exercisable by statutory instrument.

s. 55(3)

Power to make regulations includes power to make incidental, supplementary, consequential or transitional provision or savings.

s. 55(4)

Power to make regulations may be exercised—

s. 55(4)(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;

s. 55(4)(b)

so as to make, as respects the cases in relation to which it is exercised—

s. 55(4)(b)(i)

the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);

s. 55(4)(b)(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;

s. 55(4)(b)(iii)

provision which is either unconditional or is subject to any specified condition;

s. 55(4)(c)

so as to provide for a person to exercise a discretion in dealing with any matter.

s. 55(5)

A statutory instrument containing—shall not be made unless a draft of the statutory instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.

s. 55(5)(a)

regulations under section 6(1) or (4), or

s. 55(5)(b)

the first regulations under paragraphs 2(1), 3(1), 5(1) or (2), 6(1) or (3) or 7 of Schedule 5, . . .

s. 55(5)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 55(6)

A statutory instrument that—shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 55(6)(a)

contains regulations, and

s. 55(6)(b)

is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

s. 56 — General interpretation
s. 56(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 56(2)

Where—the reference to the enactment shall, unless the contrary intention appears, be read as a reference to the enactment as it has effect apart from the 2000 Act, as well as to the enactment as amended by that Act.

s. 56(2)(a)

this Act amends or repeals an enactment contained in the Child Support Act 1991 (c. 48) which has been amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), and

s. 56(2)(b)

the amendment by the 2000 Act has been brought into force for limited purposes only,

s. 57 — Minor and consequential amendments
s. 57(1)

Schedule 7 (which makes minor and consequential amendments) has effect.

s. 57(2)

The Secretary of State may by regulations make provision consequential on this Act amending, repealing or revoking any provision of—

s. 57(2)(a)

an Act passed on or before the last day of the Session in which this Act is passed, or

s. 57(2)(b)

an instrument made under an Act before the passing of this Act.

s. 58 — Repeals

The enactments specified in Schedule 8 are repealed to the extent specified.

s. 59 — Transition
s. 59(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 59(2)

The Secretary of State may by regulations make provision for the Child Support Act 1991, as amended by Schedule 3, to have effect, until the coming into force of section 15, with such modifications as the Secretary of State considers necessary in consequence of the retention of functions under section 46 of that Act.

s. 59(3)

The Secretary of State may, in relation to section 6 or 46 of the Child Support Act 1991, by regulations make provision for the section to have effect with such modifications as the Secretary of State considers expedient in anticipation of the coming into force of section 15.

s. 59(4)

Sections ... 32A, 32E, 32F, 32J, 32L, 32M, 41C to 41E, 43A, 49A, 49B and 49D of the Child Support Act 1991 shall have effect as if “child support maintenance” included periodical payments required to be paid in accordance with a maintenance assessment under the Act.

s. 59(5)

Sections ... 32A, 32C, 32E, 32F, 32J, 32L, 32M, 32N, 39B, 39H, 40, 40A, 40B and 49B of the Child Support Act 1991 shall have effect as if “maintenance calculation” included a maintenance assessment under the Act.

s. 59(6)

Sections 35, 36, 38, 39B, 39H, 39K, 40, 40B and 49D of the Child Support Act 1991 shall have effect as if orders made under section 33 of that Act had been made under section 32M of that Act.

s. 59(7)

An order may be made under section 32M of the Child Support Act 1991 in respect of an amount even though the time within which an application could have been instituted under section 33 of that Act for an order in respect of that amount has expired.

s. 59(8)

The Secretary of State may by regulations make in connection with the coming into force of any provision of this Act such transitional provision or savings as the Secretary of State considers necessary or expedient.

s. 60 — Financial provisions
s. 60(1)

There shall be paid out of money provided by Parliament—

s. 60(1)(a)

any expenditure incurred by the Secretary of State or a government department in consequence of this Act, and

s. 60(1)(b)

any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

s. 60(2)

There shall be authorised the extinguishing in consequence of this Act of liabilities owed to the Crown under the Child Support Act 1991.

s. 61 — Extent
s. 61(1)

Subject to the following provisions, this Act extends to England and Wales and Scotland only.

s. 61(2)

The following provisions also extend to Northern Ireland—

s. 61(2)(a)

this section and sections 55, 57(2), 62 and 63;

s. 61(2)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 61(3)

Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.

s. 62 — Commencement
s. 62(1)

This section and sections 55, 59(8), 61 and 63 shall come into force on the day on which this Act is passed.

s. 62(2)

Section 35 shall come into force on the day after the day on which this Act is passed.

s. 62(3)

The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.

s. 62(4)

An order under subsection (3) may include such transitional provision or savings as the Secretary of State considers necessary or expedient in connection with bringing any provision of this Act into force.

s. 62(5)

An order under subsection (3) appointing the day on which section 39 is to come into force in England and Wales may be made only with the consent of the Lord Chancellor.

s. 63 — Citation

This Act may be cited as the Child Maintenance and Other Payments Act 2008.

Sch 1

Constitution of the Commission

Sch 1 para 1

The Commission shall consist of the following members—

Sch 1 para 1(a)

a person to chair the Commission,

Sch 1 para 1(b)

the chief executive of the Commission (who is to be known as the Commissioner for Child Maintenance),

Sch 1 para 1(c)

one or more directors appointed from the staff of the Commission (“executive directors”), and

Sch 1 para 1(d)

two or more directors appointed otherwise than from the staff of the Commission (“non-executive directors”).

Appointment of a person to chair the Commission

Sch 1 para 2

Appointments for the purposes of paragraph 1(a) are to be made by the Secretary of State otherwise than from the staff of the Commission.

Appointment of directors

Sch 1 para 3
Sch 1 para 3(1)

Appointments for the purposes of paragraph 1(c) are to be made by the Commission, with the approval of the Secretary of State.

Sch 1 para 3(2)

Appointments for the purposes of paragraph 1(d) are to be made by the person appointed to chair the Commission, with the approval of the Secretary of State.

Sch 1 para 3(3)

The power under sub-paragraph (1) may not be exercised if the result of exercising it would be to make the number of executive members of the Commission equal to or greater than the number of non-executive members of the Commission.

Sch 1 para 3(4)

The power under sub-paragraph (2) must be exercised so as to secure, so far as practicable, that the Commission always has more non-executive members than executive members.

Terms of appointment and tenure of members

Sch 1 para 4
Sch 1 para 4(1)

The terms and conditions of a person's appointment to chair the Commission are to be such as the Secretary of State may determine.

Sch 1 para 4(2)

The terms and conditions of a person's appointment as a non-executive director are to be such as the person appointed to chair the Commission may determine with the approval of the Secretary of State.

Sch 1 para 4(3)

The matters with which the terms and conditions of a member's appointment may deal include, in particular—

Sch 1 para 4(3)(a)

the period for which the member is to hold office;

Sch 1 para 4(3)(b)

the member's eligibility for re-appointment;

Sch 1 para 4(3)(c)

circumstances in which membership may be suspended or terminated.

Sch 1 para 5
Sch 1 para 5(1)

Subject to sub-paragraphs (2) and (3), a person appointed to be a member of the Commission—

Sch 1 para 5(1)(a)

is to hold and vacate office in accordance with the terms and conditions of his or her appointment, and

Sch 1 para 5(1)(b)

may resign or be removed from office in accordance with those terms and conditions.

Sch 1 para 5(2)

A person appointed as an executive director ceases to be a member of the Commission if he or she ceases to be a member of its staff.

Sch 1 para 5(3)

A person appointed to chair the Commission or as a non-executive director ceases to be a member of the Commission if he or she becomes a member of its staff.

Remuneration etc. of non-executive members

Sch 1 para 6
Sch 1 para 6(1)

The Commission may pay, or make provision for paying, the person appointed to chair the Commission such remuneration as the Secretary of State may determine.

Sch 1 para 6(2)

The Commission may—

Sch 1 para 6(2)(a)

pay to or in respect of any person who is or has been appointed to chair the Commission such pension, allowances or gratuities as the Secretary of State may determine, or

Sch 1 para 6(2)(b)

make such payments as the Secretary of State may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

Sch 1 para 6(3)

Where—the Commission may make a payment to that person of such amount as the Secretary of State may determine.

Sch 1 para 6(3)(a)

the person appointed to chair the Commission ceases to be a member of the Commission otherwise than on the expiry of his term of office, and

Sch 1 para 6(3)(b)

it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation,

Sch 1 para 7
Sch 1 para 7(1)

The Commission may pay, or make provision for paying, non-executive directors of the Commission such remuneration as the person appointed to chair the Commission may determine with the approval of the Secretary of State.

Sch 1 para 7(2)

The Commission may—

Sch 1 para 7(2)(a)

pay to or in respect of any person who is or has been a non-executive director such pension, allowances or gratuities as the person appointed to chair the Commission may determine with the approval of the Secretary of State, or

Sch 1 para 7(2)(b)

make such payments as the person appointed to chair the Commission may determine with the approval of the Secretary of State towards provision for the payment of a pension, allowance or gratuity to or in respect of any person who is or has been a non-executive director.

Sch 1 para 7(3)

Where—the Commission may make a payment to that person of such amount as the person appointed to chair the Commission may determine with the approval of the Secretary of State.

Sch 1 para 7(3)(a)

a non-executive director ceases to be a member of the Commission otherwise than on the expiry of his term of office, and

Sch 1 para 7(3)(b)

it appears to the person appointed to chair the Commission that there are circumstances which make it right for that person to receive compensation,

Appointment of deputy chair

Sch 1 para 8

The person appointed to chair the Commission must appoint one of the non-executive directors as his or her deputy for such period (not exceeding the remainder of the non-executive director's period of office as director) as he or she may specify on making the appointment.

Staff

Sch 1 para 9
Sch 1 para 9(1)

The Commission is to have a chief executive.

Sch 1 para 9(2)

The chief executive is employed in the civil service of the State.

Sch 1 para 9(3)

The first appointment of a chief executive—

Sch 1 para 9(3)(a)

is to be made by the Secretary of State, and

Sch 1 para 9(3)(b)

is to be on such terms and conditions as to remuneration and other matters as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

Sch 1 para 9(4)

Subsequent appointments of a chief executive—

Sch 1 para 9(4)(a)

are to be made by the Commission with the approval of the Secretary of State, and

Sch 1 para 9(4)(b)

are to be on such terms and conditions as to remuneration and other matters as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.

Sch 1 para 10
Sch 1 para 10(1)

The Commission may appoint such other staff as it considers appropriate.

Sch 1 para 10(2)

Any such appointments are to be on such terms and conditions as to remuneration and other matters as the Commission may, with the approval of the Minister for the Civil Service, determine.

Committees

Sch 1 para 11
Sch 1 para 11(1)

The Commission may establish committees for any purpose.

Sch 1 para 11(2)

Any committee established under sub-paragraph (1) may establish sub-committees.

Sch 1 para 11(3)

Any committee or sub-committee established under this paragraph may consist of or include persons who are not members of the Commission.

Sch 1 para 11(4)

Any sub-committee established under sub-paragraph (2) may consist of or include persons who are not members of the committee by which it is established.

Sch 1 para 11(5)

Sub-paragraphs (2) to (4) do not apply to the committee established under paragraph 20(1) or to any of its sub-committees.

Sch 1 para 12

Appointment as a member of a committee or sub-committee of the Commission of a person who is not a member of the Commission or its staff is to be on such terms and conditions as to remuneration and other matters as the Commission may determine.

Procedure

Sch 1 para 13

The Commission may determine—

Sch 1 para 13(a)

its own procedure (including quorum), and

Sch 1 para 13(b)

the procedure (including quorum) of any of its committees.

Delegation

Sch 1 para 14
Sch 1 para 14(1)

The Commission may authorise—to exercise on its behalf such of its functions, in such circumstances, as it may determine.

Sch 1 para 14(1)(a)

any member of the Commission,

Sch 1 para 14(1)(b)

any member of its staff, or

Sch 1 para 14(1)(c)

any of its committees,

Sch 1 para 14(2)

This paragraph does not apply to the functions listed in paragraph 20(1).

Sch 1 para 15
Sch 1 para 15(1)

The person appointed to chair the Commission may authorise—to exercise on his or her behalf the functions under paragraph 4(2) or 7.

Sch 1 para 15(1)(a)

any executive member of the Commission,

Sch 1 para 15(1)(b)

any member of its staff, or

Sch 1 para 15(1)(c)

subject to sub-paragraph (2), any of its committees,

Sch 1 para 15(2)

Authority may not be given under sub-paragraph (1)(c) to a committee that includes a non-executive director; and authority given under that provision ceases to have effect if a non-executive director becomes a member of the committee concerned.

Instruments

Sch 1 para 16
Sch 1 para 16(1)

The fixing of the common seal of the Commission must be authenticated by the signature of a person authorised for that purpose by the Commission (whether generally or specifically).

Sch 1 para 16(2)

A document purporting—is to be received in evidence and taken, without further proof, to be so executed or signed unless the contrary is proved.

Sch 1 para 16(2)(a)

to be duly executed under the seal of the Commission, or

Sch 1 para 16(2)(b)

to be signed on its behalf,

Sch 1 para 16(3)

This paragraph does not apply in relation to Scotland.

Finance

Sch 1 para 17
Sch 1 para 17(1)

The Secretary of State may out of money provided by Parliament make such payments to the Commission as the Secretary of State considers appropriate for the purpose of enabling the Commission to meet its expenses.

Sch 1 para 17(2)

Payments under this paragraph may be made at such times and subject to such conditions (if any) as the Secretary of State considers appropriate.

Accounts and audit

Sch 1 para 18
Sch 1 para 18(1)

The Commission must—

Sch 1 para 18(1)(a)

keep proper accounts and proper records in relation to its accounts, and

Sch 1 para 18(1)(b)

prepare in respect of each financial year a statement of accounts.

Sch 1 para 18(2)

Each statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—

Sch 1 para 18(2)(a)

the information to be contained in it and the manner in which it is to be presented;

Sch 1 para 18(2)(b)

the methods and principles according to which the statement is to be prepared;

Sch 1 para 18(2)(c)

the additional information (if any) which is to be provided for the information of Parliament.

Sch 1 para 18(3)

The Commission must send a copy of each statement of accounts—before the end of the month of August next following the financial year to which the statement relates.

Sch 1 para 18(3)(a)

to the Secretary of State, and

Sch 1 para 18(3)(b)

to the Comptroller and Auditor General,

Sch 1 para 18(4)

The Comptroller and Auditor General must—

Sch 1 para 18(4)(a)

examine, certify and report on each statement of accounts received under sub-paragraph (3), and

Sch 1 para 18(4)(b)

send a copy of each report and certified statement to the Secretary of State.

Sch 1 para 18(5)

The Secretary of State must lay before Parliament a copy of each report and statement sent under sub-paragraph (4)(b).

Sch 1 para 18(6)

In this paragraph, “financial year” means—

Sch 1 para 18(6)(a)

the period beginning with the date on which the Commission is established and ending with the next following 31st March, and

Sch 1 para 18(6)(b)

each successive period of 12 months.

Sch 1 para 19

The Commission must keep under review the question whether its internal financial controls secure the proper conduct of its financial affairs.

Non-executive functions committee

Sch 1 para 20
Sch 1 para 20(1)

The Commission must establish a committee to discharge the following functions on its behalf—

Sch 1 para 20(1)(a)

the function under paragraph 9(4)(b);

Sch 1 para 20(1)(b)

the function under paragraph 10(2), so far as relating to executive directors;

Sch 1 para 20(1)(c)

the function under paragraph 12;

Sch 1 para 20(1)(d)

the function under paragraph 19.

Sch 1 para 20(2)

The committee under sub-paragraph (1) is to consist of at least three members.

Sch 1 para 20(3)

Only non-executive members of the Commission may be members of the committee under sub-paragraph (1).

Sch 1 para 20(4)

The committee under sub-paragraph (1) is to be chaired by a person other than the person appointed to chair the Commission.

Sch 1 para 20(5)

The committee under sub-paragraph (1) must prepare a report on the discharge of the functions mentioned in that sub-paragraph for inclusion in the annual report of the Commission to the Secretary of State under section 9.

Sch 1 para 20(6)

The report under sub-paragraph (5) must relate to the same period as the Commission's report.

Sch 1 para 20(7)

The committee under sub-paragraph (1) may establish sub-committees.

Sch 1 para 20(8)

A sub-committee of the committee under sub-paragraph (1) may consist of or include persons who are not members of that committee or the Commission.

Sch 1 para 20(9)

The members of any sub-committee of the committee under sub-paragraph (1) must not include persons who are executive members or other staff of the Commission.

Sch 1 para 20(10)

The committee under sub-paragraph (1) may authorise any of its members or any of its sub-committees to discharge on its behalf—

Sch 1 para 20(10)(a)

the function mentioned in sub-paragraph (1)(d);

Sch 1 para 20(10)(b)

the duty to prepare a report under sub-paragraph (5).

Supplementary powers

Sch 1 para 21

The Commission may do anything (except borrow money) which is calculated to facilitate, or is conducive or incidental to, the carrying out of its functions.

Status of the Commission

Sch 1 para 22
Sch 1 para 22(1)

The functions of the Commission, and of its members, are to be exercised on behalf of the Crown.

Sch 1 para 22(2)

For the purposes of any civil proceedings arising out of those functions—

Sch 1 para 22(2)(a)

the Crown Proceedings Act 1947 (c. 44) applies to the Commission as if it were a government department, and

Sch 1 para 22(2)(b)

the Crown Suits (Scotland) Act 1857 (c. 44) applies to it as if it were a public department.

Validity

Sch 1 para 23

The validity of any proceedings of the Commission (including proceedings of any of its committees) is not to be affected by—

Sch 1 para 23(a)

any vacancy among the members of the Commission or any of its committees,

Sch 1 para 23(b)

any defect in the appointment of any member of the Commission or any of its committees,

Sch 1 para 23(c)

any defect in the appointment of the Commissioner for Child Maintenance, or

Sch 1 para 23(d)

the composition for the time being of the membership of the Commission.

Public records

Sch 1 para 24

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Child Maintenance and Enforcement Commission. ”

Investigation by Parliamentary Commissioner

Sch 1 para 25

In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments and authorities subject to investigation), at the appropriate place insert— “ Child Maintenance and Enforcement Commission. ”

Civil service pensions

Sch 1 para 26
Sch 1 para 26(1)

The Commission must pay to the Minister for the Civil Service, at such times as he or she may direct, such sums as he or she may determine in respect of the increase in the sums payable out of money provided by Parliament that is attributable to the provision of relevant pensions.

Sch 1 para 26(2)

In sub-paragraph (1), “relevant pensions” means pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 (c. 11) payable to or in respect of persons who are or have been in the service of the Commission.

House of Commons disqualification

Sch 1 para 27

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), at the appropriate place insert— “ The Child Maintenance and Enforcement Commission. ”

Northern Ireland Assembly disqualification

Sch 1 para 28

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), at the appropriate place insert— “ The Child Maintenance and Enforcement Commission. ”

Freedom of information

Sch 1 para 29

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), at the appropriate place insert— “ The Child Maintenance and Enforcement Commission. ”

Interpretation

Sch 1 para 30

In this Schedule—

Sch 1 para 30(a)

references to executive members of the Commission are to the Commissioner for Child Maintenance and the executive directors;

Sch 1 para 30(b)

references to non-executive members of the Commission are to those members of the Commission who are not executive members of it.

Sch 1 para 31

In this Schedule, references to the staff of the Commission are to the Commissioner for Child Maintenance and the other staff appointed under paragraph 10.

Sch 1 para 32

In this Schedule, references to the committees of the Commission are to—

Sch 1 para 32(a)

the committee established under paragraph 20 and any of its sub-committees, and

Sch 1 para 32(b)

any committees or sub-committees established under paragraph 11.

Sch 2
Paragraph

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3

Transfer of child support functions

Sch 3

Consequential amendments

Child Support Act 1991 (c. 48)

Sch 3 para 1

The Child Support Act 1991 (c. 48) is amended as follows.

Sch 3 para 2

In section 2 (welfare of children: the general principle)—

Sch 3 para 2(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 2(b)

for “he” substitute “ it ”;

Sch 3 para 2(c)

for “his” substitute “ its ”.

Sch 3 para 3
Sch 3 para 3(1)

Section 4 (child support maintenance) is amended as follows.

Sch 3 para 3(2)

In subsection (1), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 3(3)

In subsection (2)—

Sch 3 para 3(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 3(3)(b)

for “him” substitute “ it ”.

Sch 3 para 3(4)

In subsection (3)—

Sch 3 para 3(4)(a)

for “Secretary of State” (in both places where it occurs) substitute “ Commission ”;

Sch 3 para 3(4)(b)

for “he” substitute “ it ”.

Sch 3 para 3(5)

In subsection (4), for “Secretary of State” (in the first and third places where it occurs) substitute “ Commission ”.

Sch 3 para 3(6)

In subsection (5)—

Sch 3 para 3(6)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 3(6)(b)

for “him” substitute “ it ”.

Sch 3 para 3(7)

In subsections (6) and (7), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 4
Sch 3 para 4(1)

Section 6 (applications by those claiming or receiving benefit) is amended as follows.

Sch 3 para 4(2)

After subsection (2) insert—

Sch 3 para 4(3)

In subsections (3) and (4), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 4(4)

In subsection (5)—

Sch 3 para 4(4)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 4(4)(b)

for “him” substitute “ it ”.

Sch 3 para 4(5)

In subsection (7), for “Secretary of State's” substitute “ Commission's ”.

Sch 3 para 4(6)

In subsection (8), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 4(7)

In subsection (9)—

Sch 3 para 4(7)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 4(7)(b)

for “he” substitute “ it ”.

Sch 3 para 4(8)

In subsection (10), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 4(9)

In subsection (11), for “he” (in the second place where it occurs) substitute “ the Commission ”.

Sch 3 para 4(10)

In subsection (12), for “Secretary of State's” substitute “ Commission's ”.

Sch 3 para 5
Sch 3 para 5(1)

Section 7 (right of child in Scotland to apply for calculation) is amended as follows.

Sch 3 para 5(2)

In subsections (1) and (2), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 5(3)

In subsection (3)—

Sch 3 para 5(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 5(3)(b)

for “him” substitute “ it ”.

Sch 3 para 5(4)

In subsection (4)—

Sch 3 para 5(4)(a)

for “Secretary of State” (in both places where it occurs) substitute “ Commission ”;

Sch 3 para 5(4)(b)

for “he” substitute “ it ”.

Sch 3 para 5(5)

In subsection (5), for “Secretary of State” (in the first and third places where it occurs) substitute “ Commission ”.

Sch 3 para 5(6)

In subsections (6) and (7), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 5(7)

In subsection (8)(b), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 6

In section 8 (role of the courts with respect to maintenance for children), in subsections (1) and (2), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 7
Sch 3 para 7(1)

Section 10 (relationship between maintenance calculations and certain court orders etc.) is amended as follows.

Sch 3 para 7(2)

In subsection (4)—

Sch 3 para 7(2)(a)

for “Secretary of State” (in the second and third places where it occurs) substitute “ Commission ”;

Sch 3 para 7(2)(b)

for “he” substitute “ it ”.

Sch 3 para 7(3)

In subsection (5), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 8
Sch 3 para 8(1)

Section 11 (maintenance calculations) is amended as follows.

Sch 3 para 8(2)

In subsection (1)—

Sch 3 para 8(2)(a)

for “Secretary of State ”substitute “ Commission ”;

Sch 3 para 8(2)(b)

for “him” substitute “ it ”.

Sch 3 para 8(3)

In subsection (2)—

Sch 3 para 8(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 8(3)(b)

for “he” substitute “ it ”.

Sch 3 para 8(4)

In subsection (3)—

Sch 3 para 8(4)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 8(4)(b)

for “he” substitute “ the Commission ”.

Sch 3 para 8(5)

In subsection (4)—

Sch 3 para 8(5)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 8(5)(b)

for “he” substitute “ the Commission ”;

Sch 3 para 8(5)(c)

for “him” substitute “ the Commission ”.

Sch 3 para 8(6)

In subsection (5)—

Sch 3 para 8(6)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 8(6)(b)

for “him” substitute “ the Commission ”.

Sch 3 para 8(7)

In subsection (7)—

Sch 3 para 8(7)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 8(7)(b)

for “he” substitute “ it ”.

Sch 3 para 9
Sch 3 para 9(1)

Section 12 (default and interim maintenance decisions) is amended as follows.

Sch 3 para 9(2)

In subsection (1)—

Sch 3 para 9(2)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 9(2)(b)

for “him”, in the first place where it occurs, substitute “ the Commission ” and, in the second place where it occurs, substitute “ it ”;

Sch 3 para 9(2)(c)

for “he” (in both places where it occurs) substitute “ it ”.

Sch 3 para 9(3)

In subsection (2), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 10
Sch 3 para 10(1)

Section 14 (information required by Secretary of State) is amended as follows.

Sch 3 para 10(2)

In the title, for “Secretary of State” substitute “ Commission ”.

Sch 3 para 10(3)

In subsection (3), for “him” (in both places where it occurs) substitute “ the Commission ”.

Sch 3 para 10(4)

In subsection (4), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 11
Sch 3 para 11(1)

Section 15 (powers of inspectors) is amended as follows.

Sch 3 para 11(2)

In subsection (1)—

Sch 3 para 11(2)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 11(2)(b)

for “he” substitute “ it ”.

Sch 3 para 11(3)

In subsection (2), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 12

In section 16 (revision of decisions)—

Sch 3 para 12(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 12(b)

for “his” (in each place where it occurs) substitute “ its ”;

Sch 3 para 12(c)

for “he” (in each place where it occurs) substitute “ it ”;

Sch 3 para 12(d)

for “him” substitute “ it ”.

Sch 3 para 13

In section 17 (decisions superseding earlier decisions)—

Sch 3 para 13(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 13(b)

for “his” (in each place where it occurs) substitute “ its ”;

Sch 3 para 13(c)

for “him” substitute “ it ”.

Sch 3 para 14
Sch 3 para 14(1)

Section 20 (appeals to appeal tribunals) is amended as follows.

Sch 3 para 14(2)

In subsections (1)(a) and (b), (2)(a)(i), (7)(b) and (8)(b), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 15

In section 23A (redetermination of appeals), in subsection (4), before paragraph (a) insert—.

Sch 3 para 16
Sch 3 para 16(1)

Section 24 (appeal to Child Support Commissioner) is amended as follows.

Sch 3 para 16(2)

For subsection (1) substitute —

Sch 3 para 16(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3 para 16(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3 para 16(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3 para 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3 para 18

In section 26 (disputes about parentage), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 19

In section 27 (applications for declaration of parentage) for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 20

In section 27A (recovery of fees for scientific tests)—

Sch 3 para 20(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 20(b)

for “him” (in each place where it occurs) substitute “ it ”.

Sch 3 para 21

In section 28 (power to initiate or defend actions of declarator), for “Secretary of State” (in each place where it occurs, including the title) substitute “ Commission ”.

Sch 3 para 22

In section 28ZA (decisions involving issues that arise on appeal in other cases)—

Sch 3 para 22(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 22(b)

for “he” (in each place where it occurs) substitute “ it ”;

Sch 3 para 22(c)

for “his” substitute “ its ”.

Sch 3 para 23

In section 28ZB (appeals involving issues that arise on appeal in other cases)—

Sch 3 para 23(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 23(b)

for “he” (in both places where it occurs) substitute “ the Commission ”;

Sch 3 para 23(c)

for “him” substitute “ the Commission ”;

Sch 3 para 23(d)

for “his” substitute “ its ”.

Sch 3 para 24

In section 28ZC (restrictions on liability in certain cases of error), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 25

In section 28A (application for variation of usual rules for calculating maintenance), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 26
Sch 3 para 26(1)

Section 28B (preliminary consideration of applications) is amended as follows.

Sch 3 para 26(2)

In subsection (1)—

Sch 3 para 26(2)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 26(2)(b)

for “he” substitute “ it ”.

Sch 3 para 26(3)

In subsection (2)—

Sch 3 para 26(3)(a)

for “he” (in the first place where it occurs) substitute “ the Commission ”;

Sch 3 para 26(3)(b)

for “he” (in each other place where it occurs) substitute “ it ”;

Sch 3 para 26(3)(c)

for “his” (in both places where it occurs) substitute “ its ”;

Sch 3 para 26(3)(d)

for “him” substitute “ the Commission ”.

Sch 3 para 27

In section 28C (imposition of regular payments condition), in subsections (1) and (3) to (7)—

Sch 3 para 27(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 27(b)

for “he” (in each place where it occurs) substitute “ it ”;

Sch 3 para 27(c)

for “his” (in each place where it occurs) substitute “ its ”.

Sch 3 para 28

In section 28D (determination of applications)—

Sch 3 para 28(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 28(b)

for “he” substitute “ it ”.

Sch 3 para 29

In section 28E (matters to be taken into account)—

Sch 3 para 29(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 29(b)

for “him” substitute “ it ”.

Sch 3 para 30

In section 28F (agreement to variation)—

Sch 3 para 30(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 30(b)

for “he” (in each place where it occurs) substitute “ it ”;

Sch 3 para 30(c)

for “his” (in each place where it occurs) substitute “ its ”.

Sch 3 para 31

In section 28J (voluntary payments), in subsections (1), (2) and (4)—

Sch 3 para 31(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 31(b)

for “he” (in each place where it occurs) substitute “ it ”.

Sch 3 para 32
Sch 3 para 32(1)

Section 29 (collection of child support maintenance) is amended as follows.

Sch 3 para 32(2)

In subsection (1)—

Sch 3 para 32(2)(a)

for “Secretary of State” (in both places where it occurs) substitute “ Commission ”;

Sch 3 para 32(2)(b)

in paragraph (b), for “him” substitute “ it ”.

Sch 3 para 32(3)

In subsection (3), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 33
Sch 3 para 33(1)

Section 30 (collection and enforcement of other forms of maintenance) is amended as follows.

Sch 3 para 33(2)

In subsections (1), (2) and (3)—

Sch 3 para 33(2)(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 33(2)(b)

for “he” (in each place where it occurs) substitute “ it ”.

Sch 3 para 33(3)

In subsection (4)—

Sch 3 para 33(3)(a)

for “him” substitute “ the Commission ”;

Sch 3 para 33(3)(b)

for “he” (in the second place where it occurs) substitute “ it ”.

Sch 3 para 33(4)

In subsection (5)—

Sch 3 para 33(4)(a)

for “him” (in both places where it occurs) substitute “ the Commission ”;

Sch 3 para 33(4)(b)

for “he” (in the first place where it occurs) substitute “ it ”.

Sch 3 para 34

In section 31 (deduction from earnings orders)—

Sch 3 para 34(a)

for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

Sch 3 para 34(b)

in subsection (6), for “he” substitute “ it ”.

Sch 3 para 35

In section 32 (regulations about deduction from earnings orders), in subsections (2) and (3), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 36

In section 33 (liability orders), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 37

In section 34 (regulations about liability orders), in subsections (1)(a) and (c) and (2), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 38
Sch 3 para 38(1)

Section 35 (enforcement of liability orders by distress) is amended as follows.

Sch 3 para 38(2)

In subsection (1), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 38(3)

In subsection (3)—

Sch 3 para 38(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 38(3)(b)

for “his” substitute “ its ”.

Sch 3 para 39

In section 37 (regulations about liability orders), in subsection (2), for “Secretary of State” (in the second place where it occurs) substitute “ Commission ”.

Sch 3 para 40

In section 38 (enforcement of liability orders by diligence), subsection (1) is amended as follows—

Sch 3 para 40(a)

in paragraph (a), for “Secretary of State” substitute “ Commission ”;

Sch 3 para 40(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3 para 40(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3 para 41

In section 39A (commitment to prison and disqualification from driving)—

Sch 3 para 41(a)

for “Secretary of State” (in both places where it occurs) substitute “ Commission ”;

Sch 3 para 41(b)

in subsections (1) and (4), for “he” substitute “ it ”.

Sch 3 para 42
Sch 3 para 42(1)

Section 40B (disqualification from driving) is amended as follows.

Sch 3 para 42(2)

In subsections (5) to (8), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

Sch 3 para 42(3)

In subsection (9)—

Sch 3 para 42(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 42(3)(b)

for “he” substitute “ it ”.

Sch 3 para 43
Sch 3 para 43(1)

Section 41 (arrears of child support maintenance) is amended as follows.

Sch 3 para 43(2)

In subsection (1), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 43(3)

In subsection (2)—

Sch 3 para 43(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 43(3)(b)

for “he” (in both places where it occurs) substitute “ it ”.

Sch 3 para 43(4)

In subsection (6)—

Sch 3 para 43(4)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 43(4)(b)

for “him” substitute “ it ”.

Sch 3 para 44
Sch 3 para 44(1)

Section 41A (penalty payments) is amended as follows.

Sch 3 para 44(2)

In subsection (1), for “him” substitute “ the Commission ”.

Sch 3 para 44(3)

In subsections (2) and (4), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 44(4)

In subsection (6)—

Sch 3 para 44(4)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 44(4)(b)

for “he” substitute “ it ”.

Sch 3 para 45
Sch 3 para 45(1)

Section 41B (repayment of overpaid child support maintenance) is amended as follows.

Sch 3 para 45(2)

In subsection (1), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 45(3)

In subsection (1A)—

Sch 3 para 45(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 45(3)(b)

for “him” substitute “ it ”.

Sch 3 para 45(4)

In subsection (2), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

Sch 3 para 45(5)

In subsection (3)—

Sch 3 para 45(5)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 45(5)(b)

for “he” substitute “ it ”;

Sch 3 para 45(5)(c)

for “him” substitute “ it ”.

Sch 3 para 45(6)

In subsections (4), (5) and (6)(a), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 45(7)

In subsection (9)—

Sch 3 para 45(7)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 45(7)(b)

for “him” substitute “ it ”.

Sch 3 para 46

In section 44 (jurisdiction), in subsection (1), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 47

In section 46 (reduced benefit decisions), in subsection (3)(a), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 48

In section 46A (finality of decisions), in subsection (1), after “decision of” insert “ the Commission, ”.

Sch 3 para 49

In section 46B (matters arising as respects decisions), in subsection (1)(a), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 50

In section 48 (right of audience), in subsection (1), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

Sch 3 para 51

After section 50 insert—

Sch 3 para 52
Sch 3 para 52(1)

Schedule 1 (maintenance calculations) is amended as follows.

Sch 3 para 52(2)

In paragraph 7(3), for “Secretary of State” substitute “ Commission ”.

Sch 3 para 52(3)

In paragraph 10(2)—

Sch 3 para 52(3)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 52(3)(b)

for “his” substitute “ its ”.

Sch 3 para 52(4)

In paragraph 10B(a), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

Sch 3 para 52(5)

In paragraphs 12 and 13, for “Secretary of State” substitute “ Commission ”.

Sch 3 para 52(6)

In paragraph 15—

Sch 3 para 52(6)(a)

for “Secretary of State” substitute “ Commission ”;

Sch 3 para 52(6)(b)

for “he” substitute “ it ”.

Sch 3 para 52(7)

In paragraph 16(10), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

Sch 3 para 53

In paragraph 4 of Schedule 4A, for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

Social Security Act 1998 (c. 14)

Sch 3 para 54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3

Transitional provision and savings

Sch 3 para 55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4

Changes to the calculation of maintenance

Introductory

Sch 4 para 1

Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) (calculation of weekly amount of child support maintenance) is amended as follows.

Calculation by reference to gross weekly income

Sch 4 para 2

In Part 1 (under which the weekly amount of child support maintenance payable is calculated by reference to the non-resident parent's net weekly income), for “net”, in each place where it occurs, substitute “ gross ”.

Change to basic rate

Sch 4 para 3

For paragraph 2 (basic rate) substitute—

Increase in flat rate and minimum amounts of liability

Sch 4 para 4

In the following provisions, for “£5” substitute “ £7 ”

Sch 4 para 4(a)

paragraph 3(3) (minimum amount of liability in the case of reduced rate);

Sch 4 para 4(b)

paragraph 4(1) (amount of flat rate of liability);

Sch 4 para 4(c)

paragraph 7(7) (minimum amount of liability in the case of basic and reduced rates where reduction because of shared care applies).

Applicable rate where non-resident parent party to other maintenance arrangement

Sch 4 para 5
Sch 4 para 5(1)

In paragraph 1(1) (under which the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or a nil rate applies), at the beginning insert “ Subject to paragraph 5A, ”.

Sch 4 para 5(2)

After paragraph 5 insert—

Shared care

Sch 4 para 6

In paragraph 7(2) (circumstances in which decrease for shared care applies in cases where child support maintenance is payable at the basic rate or a reduced rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

Sch 4 para 7

In paragraph 8(2) (circumstances in which decrease for shared care applies in cases where child support maintenance payable at a flat rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

Sch 4 para 8
Sch 4 para 8(1)

In paragraph 9 (regulations about shared care), the existing provision becomes sub-paragraph (1).

Sch 4 para 8(2)

In that sub-paragraph, before paragraph (a) insert—.

Sch 4 para 8(3)

In that sub-paragraph, after paragraph (b) insert—.

Sch 4 para 8(4)

After that sub-paragraph insert—

Weekly income

Sch 4 para 9

In paragraph 10 (which confers power to make regulations about the manner in which weekly income is to be determined), for sub-paragraph (2) substitute—

Sch 4 para 10

In paragraph 10(3) (under which weekly income over £2,000 is to be ignored for the purposes of Schedule 1), for “£2,000” substitute “ £3,000 ”.

Sch 5

Maintenance calculations: transfer of cases to new rules

Power to require a decision about whether to stay in the statutory scheme

Sch 5 para 1
Sch 5 para 1(1)

The Secretary of State may require the interested parties in relation to an existing case to choose whether or not to stay in the statutory scheme, so far as future accrual of liability is concerned.

Sch 5 para 1(2)

The reference in sub-paragraph (1) to an existing case is to any of the following—

Sch 5 para 1(2)(a)

a maintenance assessment,

Sch 5 para 1(2)(b)

an application for a maintenance assessment,

Sch 5 para 1(2)(c)

a maintenance calculation made under existing rules, and

Sch 5 para 1(2)(d)

an application for a maintenance calculation which will fall to be made under existing rules.

Sch 5 para 1(3)

For the purposes of this paragraph, a maintenance calculation is made (or will fall to be made) under existing rules if the amount of the periodical payments required to be paid in accordance with it is (or will be) determined otherwise than in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) as amended by this Act.

Sch 5 para 2
Sch 5 para 2(1)

The Secretary of State may by regulations make provision about the exercise of the power under paragraph 1(1).

Sch 5 para 2(2)

Regulations under sub-paragraph (1) may, in particular—

Sch 5 para 2(2)(a)

make provision about timing in relation to exercise of the power;

Sch 5 para 2(2)(b)

make provision for exercise of the power in stages;

Sch 5 para 2(2)(c)

specify principles for determining the order in which particular cases are to be dealt with under the power;

Sch 5 para 2(2)(d)

make provision about procedure in relation to exercise of the power;

Sch 5 para 2(2)(e)

make provision for exercise of the power in accordance with a scheme prepared by the Secretary of State. . . .

Sch 5 para 3
Sch 5 para 3(1)

The Secretary of State shall by regulations make such provision as he thinks fit about exercise of the right to make a choice required under paragraph 1(1).

Sch 5 para 3(2)

Regulations under sub-paragraph (1) shall, in particular—

Sch 5 para 3(2)(a)

make provision about the time within which the choice must be made;

Sch 5 para 3(2)(b)

make provision for a choice to stay in the statutory scheme to be made by means of an application to the Secretary of State for a maintenance calculation;

Sch 5 para 3(2)(c)

make provision about the form and content of any application required by provision under paragraph (b).

Sch 5 para 3(3)

The Commission may before accepting an application required by provision under sub-paragraph (2)(b) invite the applicant to consider with the Commission whether it is possible to make a maintenance agreement (within the meaning of section 9 of the Child Support Act 1991).

Sch 5 para 4

If, in a particular case, any of the interested parties chooses not to stay in the statutory scheme, that person's choice shall be disregarded if any of the other interested parties chooses to stay in the statutory scheme.

Effect on accrual of liability of exercise of power under paragraph 1

Sch 5 para 5
Sch 5 para 5(1)

Where the power under paragraph 1(1) is exercised in relation to a maintenance assessment or maintenance calculation, liability under the assessment or calculation shall cease to accrue with effect from such date as may be determined in accordance with regulations made by the Secretary of State.

Sch 5 para 5(2)

Where the power under paragraph 1(1) is exercised in relation to an application for a maintenance assessment or maintenance calculation, liability under any assessment or calculation made in response to the application shall accrue only in respect of the period ending with such date as may be determined in accordance with regulations made by the Secretary of State.

Additional powers

Sch 5 para 6
Sch 5 para 6(1)

The Secretary of State may by regulations make such provision as appears to the Secretary of State to be necessary or expedient for the purposes of, or in connection with, giving effect to a decision not to leave the statutory scheme.

Sch 5 para 6(2)

Regulations under sub-paragraph (1) may, in particular—

Sch 5 para 6(2)(a)

make provision about procedure in relation to determination of an application made in pursuance of regulations under paragraph 3;

Sch 5 para 6(2)(b)

make provision about the application of the Child Support Act 1991 (c. 48) in relation to a maintenance calculation made in response to such an application;

Sch 5 para 6(2)(c)

prescribe circumstances in which liability under such a maintenance calculation is to be subject to a prescribed adjustment.

Sch 5 para 6(3)

The Secretary of State may by regulations make provision enabling the Secretary of State to treat an application of the kind mentioned in paragraph 1(2)(b) or (d) as withdrawn if none of the interested parties chooses to stay in the statutory scheme.

Interpretation

Sch 5 para 7

In this Schedule—“interested parties” has such meaning as may be prescribed;“maintenance assessment” means an assessment of maintenance made under the Child Support Act 1991;“maintenance calculation” means a calculation of maintenance made under that Act;“prescribed” means prescribed by regulations made by the Secretary of State;“statutory scheme” means the scheme for child support maintenance under that Act.

Sch 6

Powers in relation to use of information

Sch 6 para 1 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 2 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 3 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 4 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 5 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

Sch 6 para 6 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 7

Minor and consequential amendments

Child Support Act 1991 (c. 48)

Sch 7 para 1
Sch 7 para 1(1)

The Child Support Act 1991 is amended as follows.

Sch 7 para 1(2)

In section 8 (role of the courts with respect to maintenance for children), in subsection (6)(b) (which refers to the non-resident parent's net weekly income), for “net” substitute “ gross ”.

Sch 7 para 1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 7 para 1(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 7 para 1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 7 para 1(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 7 para 1(7)

In section 30 (collection and enforcement of other forms of maintenance), in subsections (4) and (5) for “which he is authorised to collect under this section” substitute “ for the collection of which he is authorised under this section to make arrangements ”.

Sch 7 para 1(8)

In section 32(2)(i) (regulations about deduction from earnings orders), for “the liable person is in the employment” substitute “ any earnings are paid to the liable person by or on behalf ”.

Sch 7 para 1(9)

In section 32(7) (regulations about appeals), after “include” insert.

Sch 7 para 1(10)

In section 36(1) (enforcement in county courts), for “garnishee proceedings” substitute “ a third party debt order ”.

Sch 7 para 1(11)

For section 39 substitute—

Sch 7 para 1(12)

In section 40 (commitment to prison), in subsection (4)(a)(i) of that section, for “mentioned in section 35(1)” substitute “ sought to be recovered as mentioned in subsection (2A)(a) ”.

Sch 7 para 1(13)

In section 40A (commitment to prison: Scotland)—

Sch 7 para 1(13)(a)

in subsection (1), for “satisfied” substitute “ of the opinion ”;

Sch 7 para 1(13)(b)

for subsection (2)(a)(i) substitute—.

Sch 7 para 1(14)

In that section, in subsection (6), the words from “for” to the end become paragraph (a), and after that paragraph insert—

Sch 7 para 1(15)

In section 40B (disqualification for driving), in subsection (3)—

Sch 7 para 1(15)(a)

in paragraph (a), for “mentioned in section 35(1)” substitute “ sought to be recovered as mentioned in subsection (A1)(a) ”;

Sch 7 para 1(15)(b)

in paragraph (b), for “section 39A” substitute “ this section ”.

Sch 7 para 1(16)

In subsection (7) of that section, for “section 39A” substitute “ this section ”.

Sch 7 para 1(17)

In subsection (12) of that section (modifications for Scotland), for the subsection (11) substituted by paragraph (d) substitute—

Sch 7 para 1(18)

At the end of that section, insert—

Sch 7 para 1(19)

In section 50 (unauthorised disclosure of information), in subsection (1) (offence of unauthorised disclosure), for “this section” substitute “ this subsection ”.

Sch 7 para 1(20)

In that section, after subsection (1) insert—

Sch 7 para 1(21)

In that section, in subsection (7) (definition of “responsible person”)—

Sch 7 para 1(21)(a)

at the end of paragraph (b) insert—;

Sch 7 para 1(21)(b)

for paragraph (c) substitute—.

Sch 7 para 1(22)

In section 52 (regulations and orders), in subsection (2)(a) (regulations subject to affirmative resolution procedure)—

Sch 7 para 1(22)(a)

after “30(5A),” insert “ “32A to 32C, 32E to 32J, ”;

Sch 7 para 1(22)(b)

after “41B(6),” insert “ “41E(1)(a), ”.

Sch 7 para 1(23)

In that section, for subsection (2A) substitute—

Sch 7 para 1(24)

After that subsection insert—

Sch 7 para 1(25)

In section 54 (interpretation), the existing provision becomes subsection (1), and in that subsection—

Sch 7 para 1(25)(a)

at the appropriate places insert—;;;;

Sch 7 para 1(25)(b)

in the definition of “liability order”, for “section 33(2)” substitute “ section 32M(2) ”.

Sch 7 para 1(26)

In that section, after subsection (1) insert—

Sch 7 para 1(27)

In section 57(4) (application to Crown), for “a liable person is in the employment” substitute “ any sums which are defined as earnings for the purposes of sections 31 and 32 are paid to a liable person by or on behalf ”.

Sch 7 para 1(28)

In Schedule 1 (maintenance calculations), in paragraph 5(b) (weekly rate of child support maintenance to be nil if the non-resident parent has a weekly income below £5), for “£5” substitute “ £7 ”.

Sch 7 para 1(29)

In that Schedule, in paragraph 7 (reduction of basic and reduced rates for shared care), for sub-paragraph (1) substitute—

Sch 7 para 1(30)

In that Schedule, in paragraph 10A(1)(b) (regulations about amounts set out in Schedule 1)—

Sch 7 para 1(30)(a)

after “paragraph” insert “ “2(2), ”;

Sch 7 para 1(30)(b)

after “5,” insert “ “5A(2), ”.

Sch 7 para 1(31)

In that Schedule, in paragraph 10C(1) (references to “qualifying children” to be read as references to those qualifying children with respect to whom the maintenance calculation falls to be made), at end insert “ “or with respect to whom a maintenance calculation in respect of the non-resident parent has effect ”.

Sch 7 para 1(32)

In that Schedule, for paragraph 14 substitute—

Sch 7 para 1(33)

Schedule 2 (provision of information to Secretary of State) ceases to have effect.

Sch 7 para 1(34)

In the Act as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (c. 19), the following (which relate to section 6 or 46) are repealed—

Sch 7 para 1(34)(a)

sections 11(1A) to (1C), 41(4)(c) and (d) and 41A(5)(c) and (d);

Sch 7 para 1(34)(b)

paragraph 16(3) and (4A)(b) of Schedule 1;

Sch 7 para 1(34)(c)

in Schedule 4C—

Sch 7 para 1(34)(c)(i)

in paragraphs 1(a) and 2(1)(a), the words “, a reduced benefit direction”;

Sch 7 para 1(34)(c)(ii)

in paragraph 3, in sub-paragraph (1)(b), sub-paragraph (i) and the word “or” at the end of it, and sub-paragraph (3);

Sch 7 para 1(34)(c)(iii)

in paragraphs 4(1)(a)(i) and 6(1)(b)(ii) and (iii), the words “, a reduced benefit direction”.

Social Security Administration Act 1992 (c. 5)

Sch 7 para 2
Sch 7 para 2(1)

The Social Security Administration Act 1992 is amended as follows.

Sch 7 para 2(2)

In section 108 (certain maintenance orders to be enforceable by the Secretary of State), for subsection (8) substitute—

Sch 7 para 2(3)

In section 121E (supply of information held by Revenue and Customs to the Secretary of State or the Northern Ireland Department for use for the purposes of functions relating, inter alia, to child support), for subsection (2) substitute—

Sch 7 para 2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 7 para 2(5)

In section 121F (supply to Revenue and Customs of information held by Secretary of State or Northern Ireland Department, including information held for the purposes of functions relating to child support), for subsection (1) substitute—

Sch 7 para 2(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1998 (c. 14)

Sch 7 para 3
Sch 7 para 3(1)

The Social Security Act 1998 is amended as follows.

Sch 7 para 3(2)

In section 3 (use of information held by the Secretary of State or the Northern Ireland Department which relates to certain matters), in subsection (1A) (which lists the matters concerned)—

Sch 7 para 3(2)(a)

in paragraph (a), the words “, child support” are omitted;

Sch 7 para 3(2)(b)

after that paragraph insert—.

Sch 7 para 3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax Credits Act 2002 (c. 21)

Sch 7 para 4
Sch 7 para 4(1)

Schedule 5 to the Tax Credits Act 2002 (use and disclosure of information) is amended as follows.

Sch 7 para 4(2)

In paragraph 4 (supply of information held by Revenue and Customs to the Secretary of State or the Northern Ireland Department for use for the purposes of functions relating, inter alia, to child support), for sub-paragraphs (2) and (3) substitute—

Sch 7 para 4(3)

In that paragraph, in sub-paragraph (4) (definition of “authorised officer”), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) and (3B) ”.

Sch 7 para 4(4)

In paragraph 6 (supply to Revenue and Customs of information held by Secretary of State or Northern Ireland Department for the purposes of functions including child support), for sub-paragraph (1) substitute—

Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

Sch 7 para 5

In section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002 (which defines certain terms used in section 10), in the definition of “decree”, in paragraph (i), for “section 33(2)” substitute “ section 32M(2) ”.

Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Sch 7 para 6

In section 221 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (interpretation), in the definition of “decree”, in paragraph (i), for “section 33(2)” substitute “ section 32M(2) ”.

Sch 8

Repeals

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In section 4—subsections (9) and (11); in subsection (10), paragraph (b) and the word “or” immediately before it.

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Section 6.

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In section 7(1), paragraph (b) and the word “or” immediately before it.

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In section 8(1), the words “(or treated as made)”.

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In section 9(6), paragraphs (a) and (b) and the word “and” immediately preceding them.

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Section 11(3) to (5).

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In section 12(2), the words from “(or” to “made)”.

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In section 14(1), the words “or treated as made” and “(or application treated as made)”.

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Sections 16(1A)(b), 17(1)(c) and 20(1)(c), (2)(b) and (6).

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Section 20(1)(e).

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In section 26(1), the words “or treated as made”.

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In section 27(1)(a), the words “(or is treated as having been made)” and “or treated as made”.

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In section 27A(1)—in paragraph (a), the words “or treated as made”; in paragraph (b), the words “or, as the case may be, treated as made”.

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In section 28(1)(a), the words “or treated as made”, in both places.

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In section 28ZA(1)(a), the words from “or with” to “section 46”.

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In section 28ZC—in subsection (1)(b)(i), the words from “or one” to “benefit”; in subsection (3), the words “or the reduction of a person's benefit”.

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In section 28A—in subsection (1), the words “, or treated as made under section 6,”; in subsection (3), the words from “(or” to “section 6)”.

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In section 28F(4)(a), the words from “(including” to “made)”.

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In section 28J(1)(a), the words from “, or is” to “section 6”.

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In section 29(1), paragraph (a) and the word “or” at the end of it.

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Section 32(2)(a).

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Sections 33 and 34.

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In section 36—in subsection (1), the words “, if a county court so orders,”; subsection (2).

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Sections 37, 39A, 40A(8)(c) and 40B(12)(b) and (c).

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In section 41(1)(a), the word “, 6”.

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Sections 46, 47 and 50(5).

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In section 52(2), the words “6(1),” and “, 46”.

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In Schedule 1, in paragraph 9(1)(a), the words from “or” to the end.

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Schedule 2.

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In Schedule 4A, paragraph 5(2).

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In Schedule 4B, in paragraph 2(3)—in paragraphs (a), (d) and (e), the words “(or treated as made)”; in paragraph (c), the words “(or treated as having been applied for)”.

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In Schedule 5, paragraph 8(2).

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Sections 106(7) and 107.

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In section 122(3), the word “or” at the end of paragraph (b).

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Sections 3, 16(1), 19 and 28.

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In Schedule 3, paragraph 11(3)(b), (4)(a), (5)(a), (6), (8), (9), (10)(a), (11)(a), (13)(a) and (d), (17) and (22)(b).