Child Maintenance and Other Payments Act 2008
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There shall be a body corporate to be known as the Child Maintenance and Enforcement Commission (referred to in this Act as “the Commission”).
Schedule 1 (which makes further provision about the Commission) has effect.
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The Commission’s main objective is to maximise the number of those children who live apart from one or both of their parents for whom effective maintenance arrangements are in place.
The Commission’s main objective is supported by the following subsidiary objectives—
to encourage and support the making and keeping by parents of appropriate voluntary maintenance arrangements for their children;
to support the making of applications for child support maintenance under the Child Support Act 1991 (c. 48) and to secure compliance when appropriate with parental obligations under that Act.
The Commission shall aim to pursue, and to have regard to, its objectives when exercising a function that is relevant to them.
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The Commission has—
the functions relating to child support transferred to it from the Secretary of State by virtue of this Act, and
such other functions as are conferred by, or by virtue of, this or any other enactment.
The Secretary of State may by regulations provide for the Commission to have an additional function if it appears to the Secretary of State that it is necessary or expedient for the Commission to have the function in relation to any of its objectives.
The Commission must exercise its functions effectively and efficiently.
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taking responsibility for the maintenance of their children, and
making appropriate arrangements for the maintenance of children of theirs who live apart from them.
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The Commission must provide to parents such information and guidance as it thinks appropriate for the purpose of helping to secure the existence of effective maintenance arrangements for children who live apart from one or both of their parents.
The Commission may provide information for other purposes in the course of exercising its function under subsection (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.
Regulations under subsection (1) may, in particular, make provision—
about when a fee may be charged;
about the amount which may be charged;
for the supply of information needed for the purpose of determining the amount which may be charged;
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);
about when any fee charged is payable;
about the recovery of fees charged;
about ..., reduction or repayment of fees.
about waiver of fees (including the matters to be taken into account in determining a waiver).
The power conferred by subsection (1) includes power to make provision for the charging of fees which are not related to costs.
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).
the collection of child support maintenance,
the enforcement of any obligation to pay child support maintenance,
The Secretary of State must review the effect of the first regulations made under subsection (1).
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.
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.
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.
After the review, the Secretary of State must make and publish a report containing—
the conclusions of the review, and
a statement as to what the Secretary of State proposes to do in view of those conclusions.
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.
The report must be laid before Parliament by the Secretary of State.
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Arrangements may be made between the Commission and any relevant authority for—
any functions of one of them to be exercised on their behalf by, or by members of staff of, the other;
the provision of administrative, professional or technical services by one of them for the other.
The reference in subsection (1)(a) to functions does not include functions of making, confirming or approving subordinate legislation.
The Commission may make arrangements under this section on such terms and conditions as it thinks fit.
In this section “relevant authority” means—
any Minister of the Crown or department of the Government of the United Kingdom;
a public body specified in regulations made by the Secretary of State for the purposes of this section.
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.
An authorisation given by virtue of subsection (1) may authorise the exercise of the function concerned—
either wholly or to such extent as may be specified in the authorisation,
either generally or in such cases or areas as may be so specified, and
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
An authorisation given by virtue of subsection (1)—
may specify its duration,
may be revoked at any time by the Secretary of State, and
shall not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
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.
Subsection (4) shall not apply—
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
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).
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).
a person is authorised to exercise any function by virtue of subsection (1), and
the authorisation is revoked at a time when a relevant contract is subsisting,
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.
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The Commission must prepare a report for each financial year.
Each report under this section must—
deal with the activities of the Commission in the financial year for which it is prepared, including the matters mentioned in subsection (3),
include the report prepared under paragraph 20(5) of Schedule 1 by the committee established under that paragraph.
The matters referred to in subsection (2)(a) are—
the strategic direction of the Commission and the manner in which it has been kept under review;
the Commission’s objectives and targets, the steps taken to meet them and the extent to which they have been met;
the steps taken to monitor the performance of the Commission in ensuring that its functions are exercised effectively and efficiently;
the extent to which the Commission has relied on sections 7(1) and 8(1).
The Commission must—
send each report to the Secretary of State as soon as practicable after the end of the financial year for which it is prepared, and
publish the report in such manner as the Commission considers appropriate.
The Secretary of State must lay before Parliament a copy of every report received under this section.
In this section, “financial year” means—
the period beginning with the date on which the Commission is established and ending with the next following 31st March, and
each successive period of 12 months.
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The Secretary of State may give the Commission—
guidance as to the exercise of its functions;
general or specific directions as to the exercise of its functions.
In exercising its functions, the Commission must—
have regard to any guidance under subsection (1)(a), and
comply with any directions under subsection (1)(b).
Guidance or directions under this section must be in writing.
Power under this section to give guidance or directions includes power to vary or revoke guidance or directions given in previous exercise of the power.
The Secretary of State must lay before Parliament a copy of any direction given under subsection (1)(b).
The Secretary of State may exclude from what is laid before Parliament—
any information which the Secretary of State considers to be against the commercial interests of any person;
any information which relates to an individual who can be identified from that information.
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The Secretary of State must review the status of the Commission as a Crown body.
The review under subsection (1) must be conducted as soon as reasonably practicable after the end of the initial period.
The Secretary of State may review the status of the Commission as a Crown body at any other time after the end of the initial period, if the Secretary of State considers it appropriate to do so.
The Secretary of State must prepare a report of any review under subsection (1) or (3).
The Secretary of State must lay before Parliament a copy of the report.
If, on a review under this section, it appears to the Secretary of State appropriate to do so, the Secretary of State may by order made by statutory instrument provide that the Commission is to cease to be a Crown body.
An order under subsection (6) may—
make any amendment to Schedule 1 that appears to the Secretary of State to be necessary or expedient in consequence of the Commission ceasing to be a Crown body;
provide for the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) to apply, subject to such modifications and exceptions as may be prescribed, as if, on the Commission ceasing to be a Crown body, there were a transfer of an undertaking or business which is a relevant transfer.
In this section—
“Crown body” means a body whose functions are to be exercised on behalf of the Crown;
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.
“initial period” means the period of 3 years beginning with the day on which section 13 comes into force.
In the following provisions, for “£5” substitute “ £7 ”
paragraph 3(3) (minimum amount of liability in the case of reduced rate);
paragraph 4(1) (amount of flat rate of liability);
paragraph 7(7) (minimum amount of liability in the case of basic and reduced rates where reduction because of shared care applies).
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In this Part, “child” has the same meaning as in the Child Support Act 1991 (c. 48).
The Secretary of State may by regulations make provision about when a child is, or is not, to be regarded for the purposes of this Part as living apart from a parent.
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Any function under the Child Support Act 1991 which— is by virtue of this subsection transferred to the Commission.
is a function of the Secretary of State, and
is not an excepted function,
The following functions of the Secretary of State under the Child Support Act 1991 are excepted functions for the purposes of subsection (1)—
functions under sections 23A, 24 or 25 (appeals),
functions under section 46 (reduced benefit decisions) or any other provision of the Act, so far as relating to such decisions,
the function under section 50(7)(c) (authorisation of a person as a “responsible person” for the purposes of section 50),
functions under section 58 (commencement power and power to make consequential amendments),
the function under paragraph 2A of Schedule 4 (payment of expenses), and
power to make regulations under any other provision of the Act.
The functions of the Secretary of State under the provisions of subordinate legislation specified in Schedule 2, except so far as relating to reduced benefit decisions under section 46 of the Child Support Act 1991, are by virtue of this subsection transferred to the Commission.
Schedule 3 (which makes consequential amendments and transitional provision and savings) has effect.
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The Secretary of State may make one or more schemes for the transfer to the Commission of any of the following—
property, rights and liabilities which the Secretary of State is entitled or subject to in connection with the transferred functions;
property, rights and liabilities which the Secretary of State is entitled or subject to and which the Secretary of State considers it appropriate to transfer to the Commission in consequence of any function conferred on it by or under Part 1 of this Act.
A scheme under subsection (1) (“a transfer scheme”)—
may provide for the transfer of property, rights and liabilities whether or not they would otherwise be capable of being transferred or assigned;
may create for the Secretary of State interests in or rights over property transferred by virtue of the scheme;
may create for the Commission interests in or rights over property retained by the Secretary of State;
may create rights or liabilities between the Secretary of State and the Commission;
may make such supplementary, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.
A transfer scheme shall come into force in accordance with its terms.
A certificate given by the Secretary of State that any property, rights or liabilities have been transferred by virtue of a transfer scheme is conclusive evidence of the transfer.
In this section, “transferred functions” means functions transferred to the Commission by virtue of section 13.
The following provisions of the Child Support Act 1991 (c. 48) cease to have effect—
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
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).
Schedule 4 (which makes various changes to the provisions about the calculation of maintenance) has effect.
In section 17 of the Child Support Act 1991 (c. 48) (decisions superseding earlier decisions), for subsections (2) and (3) substitute—
Section 28D of the Child Support Act 1991 is amended as follows.
After subsection (2) insert—
In subsection (3), after “duties” insert “ , apart from the duty under subsection (2B) ”.
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.
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—
In section 31 of the Child Support Act 1991 (deduction from earnings orders), for subsection (8) substitute—
After section 32 of the Child Support Act 1991 (c. 48) insert—
After section 32D of the Child Support Act 1991 (c. 48) (inserted by section 22 of this Act) insert—
After section 32K of the Child Support Act 1991 (inserted by section 23 of this Act) insert—
After section 32L of the Child Support Act 1991 (c. 48) (inserted by section 24 of this Act) insert—
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.
Before section 40 of the Child Support Act 1991 (c. 48) insert—
After section 39G of the Child Support Act 1991 (c. 48) (inserted by section 27 of this Act) insert—
In section 40 of the Child Support Act 1991 (c. 48) (commitment to prison), before subsection (3) insert—
For subsection (10) of that section, substitute—
In section 40A of that Act (commitment to prison: Scotland), before subsection (1) insert—
After subsection (7) of that section, insert—
In section 40B of the Child Support Act 1991 (c. 48) (disqualification from driving), for the heading and subsection (1) substitute—
For subsection (10) of that section, substitute—
After section 41B of the Child Support Act 1991 (c. 48) insert—
After section 41C of the Child Support Act 1991 (inserted by section 31 of this Act) insert—
After section 41D of the Child Support Act 1991 (c. 48) (inserted by section 32 of this Act) insert—
After section 49 of the Child Support Act 1991 insert—
In section 4(10) of the Child Support Act 1991 (c. 48) (exclusion of application for maintenance calculation), after paragraph (aa) insert—.
In section 7(10) of that Act (exclusion of application by child in Scotland for maintenance calculation), at the end of paragraph (b) insert; or
In section 9(3) of that Act (agreements about maintenance), after “4(10)(a)” insert “ and (ab) ”.
In section 14A of the Child Support Act 1991 (information_offences), after subsection (3) insert—
In that section, in subsection (4), after “subsection (3)” insert “ or (3A) ”.
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—
After section 43 of the Child Support Act 1991 (c. 48) insert—
After section 49A of the Child Support Act 1991 (inserted by section 34 of this Act), insert—
After section 49C of the Child Support Act 1991 (c. 48) (inserted by section 39 of this Act) insert—
After section 51 of the Child Support Act 1991 insert—
For section 55 of the Child Support Act 1991 (c. 48) substitute—
Any outstanding liability in respect of the following is extinguished—
interest under the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816);
fees under the Child Support Fees Regulations 1992 (S.I. 1992/3094).
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In section 105 of the Social Security Administration Act 1992 (c. 5) (failure to maintain), for subsection (3) substitute—
In that section, in subsection (4), for the words from “a person” to the end, substitute “ subsection (3)(b) shall not apply ”.
A claim for a payment under this Part may be made by—
a person with diffuse mesothelioma, or
a dependant of a person who, immediately before death, had diffuse mesothelioma.
The Secretary of State must make the payment to the claimant if satisfied that the conditions of entitlement in section 47 are fulfilled.
Regulations—
may prescribe the amount of any payment;
may prescribe different amounts for different cases or classes of cases or for different circumstances.
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.
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.
In the case of a person who has diffuse mesothelioma, the conditions of entitlement are—
that no payment within subsection (3) has been made in consequence of the disease;
that the person is not eligible for any payment in consequence of the disease that is of a description prescribed by regulations;
that such requirement, if any, as may be prescribed by regulations as to the person's connection with the United Kingdom is satisfied.
In the case of a dependant of a person who, immediately before death, had diffuse mesothelioma, the conditions of entitlement are—
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;
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;
that such requirement, if any, as may be prescribed by regulations as to the deceased's connection with the United Kingdom is satisfied.
The payments referred to in subsections (1)(a) and (2)(a) are—
a payment under this Part or under corresponding provision made for Northern Ireland;
a payment under the 1979 Act or under corresponding provision made for Northern Ireland;
an extra-statutory payment;
a payment under the Diffuse Mesothelioma Payment Scheme (for the scheme, see the Mesothelioma Act 2014);
damages or a payment in settlement of a claim for damages;
a payment of a description prescribed by regulations.
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—
under section 49 of this Act or under corresponding provision made for Northern Ireland;
under section 5 of the 1979 Act or under corresponding provision made for Northern Ireland;
under the terms of an extra-statutory payment;
in circumstances prescribed for the purposes of this section by regulations.
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).
A claim under section 46 must be made in the manner and within the period prescribed by regulations.
Regulations may prescribe different periods for different cases or classes of cases or for different circumstances.
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).
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.
Subject to subsection (2), the Secretary of State—
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
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.
Regulations must prescribe the manner in which andmay prescribe the period within which—
an application may be made to the Secretary of State for reconsideration of a determination; or
the Secretary of State may institute such a reconsideration without an application.
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.
Subsection (5) applies if—
whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and
in consequence of the misrepresentation or failure, a payment is made under this Part.
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.
Except as provided by subsection (5), no payment under this Part is recoverable by virtue of a reconsideration of a determination under this section.
Any sums repaid to the Secretary of State by virtue of subsection (5) are to be paid into the Consolidated Fund.
A person who has made a claim under section 46 may appeal against a determination made by the Secretary of State—
on the claim, or
on reconsideration under section 49 of a determination made on the claim.
Subject to regulations under subsection (4)(c), the Secretary of State must refer any appeal to the First-tier Tribunal
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.
On an appeal the tribunal may substitute for the determination concerned any determination which could have been made in accordance with this Part.
The regulations may in particular provide that that condition is met only where—
the decision of the Secretary of State was on an application,
the Secretary of State considered issues of a specified description, or
the decision of the Secretary of State satisfied any other condition specified in the regulations.
Regulations may make provision—
as to the manner in which, and the time within which, an appeal may be made;
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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.
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An appeal may be made to a Commissioner against any decision of an appeal tribunal under section 50 on the ground that the decision was erroneous in point of law.
An appeal under this section may be made by—
the Secretary of State, or
the person who brought the appeal under section 50.
Section 14(7) to (12) of the Social Security Act 1998 apply to an appeal under this section as they apply to an appeal under section 14 of that Act (reading references to a tribunal as references to an appeal tribunal constituted as mentioned in section 50(2)).
In this section “Commissioner” has the same meaning as in Chapter 2 of Part 1 of the Social Security Act 1998.
This section applies where a payment under this Part falls to be made to—
a person aged under 18, or
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.
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.
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.
A reference in this Part to regulations is a reference to regulations made by the Secretary of State.
The power to make regulations under this Part—
is exercisable by statutory instrument;
includes power to make such incidental, supplementary or transitional provision as the Secretary of State thinks fit;
may be exercised so as to provide for a person to exercise a discretion in dealing with any matter.
No regulations may be made under section 46or 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.
The power to make regulations under section 50(1A) may be exercised—
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;
so as to make, as respects the cases in relation to which it is exercised—
the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
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;
provision which is either unconditional or is subject to any specified condition.
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.
A statutory instrument that— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
contains regulations under this Part, and
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,
After section 1 of the Social Security (Recovery of Benefits) Act 1997 (c. 27) insert—
This section has effect in relation to regulations under this Act, except Part 4.
Power to make regulations is exercisable by statutory instrument.
Power to make regulations includes power to make incidental, supplementary, consequential or transitional provision or savings.
Power to make regulations may be exercised—
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;
so as to make, as respects the cases in relation to which it is exercised—
the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
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;
provision which is either unconditional or is subject to any specified condition;
so as to provide for a person to exercise a discretion in dealing with any matter.
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.
regulations under section 6(1) or (4), or
the first regulations under paragraphs 2(1), 3(1), 5(1) or (2), 6(1) or (3) or 7 of Schedule 5, . . .
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A statutory instrument that— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
contains regulations, and
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,
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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.
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
the amendment by the 2000 Act has been brought into force for limited purposes only,
Schedule 7 (which makes minor and consequential amendments) has effect.
The Secretary of State may by regulations make provision consequential on this Act amending, repealing or revoking any provision of—
an Act passed on or before the last day of the Session in which this Act is passed, or
an instrument made under an Act before the passing of this Act.
The enactments specified in Schedule 8 are repealed to the extent specified.
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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.
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.
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.
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.
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.
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.
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.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State or a government department in consequence of this Act, and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
There shall be authorised the extinguishing in consequence of this Act of liabilities owed to the Crown under the Child Support Act 1991.
Subject to the following provisions, this Act extends to England and Wales and Scotland only.
The following provisions also extend to Northern Ireland—
this section and sections 55, 57(2), 62 and 63;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
This section and sections 55, 59(8), 61 and 63 shall come into force on the day on which this Act is passed.
Section 35 shall come into force on the day after the day on which this Act is passed.
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.
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.
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.
This Act may be cited as the Child Maintenance and Other Payments Act 2008.
The Commission shall consist of the following members—
a person to chair the Commission,
the chief executive of the Commission (who is to be known as the Commissioner for Child Maintenance),
one or more directors appointed from the staff of the Commission (“executive directors”), and
two or more directors appointed otherwise than from the staff of the Commission (“non-executive directors”).
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.
The Commission must establish a committee to discharge the following functions on its behalf— The committee under sub-paragraph (1) is to consist of at least three members. Only non-executive members of the Commission may be members of the committee under sub-paragraph (1). The committee under sub-paragraph (1) is to be chaired by a person other than the person appointed to chair the Commission. 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. The report under sub-paragraph (5) must relate to the same period as the Commission's report. The committee under sub-paragraph (1) may establish sub-committees. 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. 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. The committee under sub-paragraph (1) may authorise any of its members or any of its sub-committees to discharge on its behalf—
The validity of any proceedings of the Commission (including proceedings of any of its committees) is not to be affected by—
any vacancy among the members of the Commission or any of its committees,
any defect in the appointment of any member of the Commission or any of its committees,
any defect in the appointment of the Commissioner for Child Maintenance, or
the composition for the time being of the membership of the Commission.
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. 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.
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. ”
The Child Support Act 1991 (c. 48) is amended as follows.
The regulations may, in particular—
Information which is held for the purposes of any functions relating to child support— may be used, or supplied to any person providing services to the Commission, for the purposes of, or for any purposes connected with, the exercise of any such functions.
by the Commission, or
by a person providing services to the Commission, in connection with the provision of those services,
In section 2 (welfare of children: the general principle)—
for “Secretary of State” substitute “ Commission ”;
for “he” substitute “ it ”;
for “his” substitute “ its ”.
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”.
This paragraph applies to information which is held for the purposes of functions relating to income tax, contributions, tax credits, child benefit or guardian’s allowance— Information to which this paragraph applies may be supplied— for use for the purposes of functions relating to child support. In this paragraph, “contributions” means contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 (c. 4).
Section 4 (child support maintenance) is amended as follows. In subsection (1), for “Secretary of State” substitute “ Commission ”. In subsection (2)— In subsection (3)— In subsection (4), for “Secretary of State” (in the first and third places where it occurs) substitute “ Commission ”. In subsection (5)— In subsections (6) and (7), for “Secretary of State” substitute “ Commission ”.
This paragraph applies to information which is held for the purposes of functions relating to social security or employment or training— Information to which this paragraph applies may be supplied— for use for the purposes of functions relating to child support.
Section 6 (applications by those claiming or receiving benefit) is amended as follows. After subsection (2) insert— In subsections (3) and (4), for “Secretary of State” substitute “ Commission ”. In subsection (5)— In subsection (7), for “Secretary of State's” substitute “ Commission's ”. In subsection (8), for “Secretary of State” substitute “ Commission ”. In subsection (9)— In subsection (10), for “Secretary of State” substitute “ Commission ”. In subsection (11), for “he” (in the second place where it occurs) substitute “ the Commission ”. In subsection (12), for “Secretary of State's” substitute “ Commission's ”.
This paragraph applies to information which is held for the purposes of functions relating to social security, child support or employment or training— Information to which this paragraph applies may be supplied— for use for the purposes of functions relating to child support.
Section 7 (right of child in Scotland to apply for calculation) is amended as follows. In subsections (1) and (2), for “Secretary of State” substitute “ Commission ”. In subsection (3)— In subsection (4)— In subsection (5), for “Secretary of State” (in the first and third places where it occurs) substitute “ Commission ”. In subsections (6) and (7), for “Secretary of State” substitute “ Commission ”. In subsection (8)(b), for “Secretary of State” substitute “ Commission ”.
This paragraph applies to information which is held for the purposes of functions relating to child support— Information to which this paragraph applies may be supplied— for use for the purposes of functions relating to social security, war pensions, employment or training, private pensions policy or retirement planning. Information to which this paragraph applies may be supplied— for use for the purposes of any of their functions. Information to which this paragraph applies may be supplied— for use for the purposes of functions relating to social security, child support, employment or training, private pensions policy or retirement planning. In this paragraph—
In section 8 (role of the courts with respect to maintenance for children), in subsections (1) and (2), for “Secretary of State” substitute “ Commission ”.
Section 10 (relationship between maintenance calculations and certain court orders etc.) is amended as follows. In subsection (4)— In subsection (5), for “Secretary of State” substitute “ Commission ”.
Section 11 (maintenance calculations) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4)— In subsection (5)— In subsection (7)—
Section 12 (default and interim maintenance decisions) is amended as follows. In subsection (1)— In subsection (2), for “Secretary of State” substitute “ Commission ”.
Section 14 (information required by Secretary of State) is amended as follows. In the title, for “Secretary of State” substitute “ Commission ”. In subsection (3), for “him” (in both places where it occurs) substitute “ the Commission ”. In subsection (4), for “Secretary of State” substitute “ Commission ”.
Section 15 (powers of inspectors) is amended as follows. In subsection (1)— In subsection (2), for “Secretary of State” substitute “ Commission ”.
In section 16 (revision of decisions)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “his” (in each place where it occurs) substitute “ its ”;
for “he” (in each place where it occurs) substitute “ it ”;
for “him” substitute “ it ”.
In section 17 (decisions superseding earlier decisions)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “his” (in each place where it occurs) substitute “ its ”;
for “him” substitute “ it ”.
Section 20 (appeals to appeal tribunals) is amended as follows. In subsections (1)(a) and (b), (2)(a)(i), (7)(b) and (8)(b), for “Secretary of State” substitute “ Commission ”.
In section 23A (redetermination of appeals), in subsection (4), before paragraph (a) insert—.
Section 24 (appeal to Child Support Commissioner) is amended as follows. For subsection (1) substitute — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 26 (disputes about parentage), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.
In section 27 (applications for declaration of parentage) for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.
In section 27A (recovery of fees for scientific tests)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “him” (in each place where it occurs) substitute “ it ”.
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 ”.
In section 28ZA (decisions involving issues that arise on appeal in other cases)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “he” (in each place where it occurs) substitute “ it ”;
for “his” substitute “ its ”.
In section 28ZB (appeals involving issues that arise on appeal in other cases)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “he” (in both places where it occurs) substitute “ the Commission ”;
for “him” substitute “ the Commission ”;
for “his” substitute “ its ”.
In section 28ZC (restrictions on liability in certain cases of error), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.
In section 28A (application for variation of usual rules for calculating maintenance), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.
Section 28B (preliminary consideration of applications) is amended as follows. In subsection (1)— In subsection (2)—
In section 28C (imposition of regular payments condition), in subsections (1) and (3) to (7)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “he” (in each place where it occurs) substitute “ it ”;
for “his” (in each place where it occurs) substitute “ its ”.
In section 28D (determination of applications)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “he” substitute “ it ”.
In section 28E (matters to be taken into account)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “him” substitute “ it ”.
In section 28F (agreement to variation)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “he” (in each place where it occurs) substitute “ it ”;
for “his” (in each place where it occurs) substitute “ its ”.
In section 28J (voluntary payments), in subsections (1), (2) and (4)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
for “he” (in each place where it occurs) substitute “ it ”.
Section 29 (collection of child support maintenance) is amended as follows. In subsection (1)— In subsection (3), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.
Section 30 (collection and enforcement of other forms of maintenance) is amended as follows. In subsections (1), (2) and (3)— In subsection (4)— In subsection (5)—
In section 31 (deduction from earnings orders)—
for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;
in subsection (6), for “he” substitute “ it ”.
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 ”.
In section 33 (liability orders), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.
In section 34 (regulations about liability orders), in subsections (1)(a) and (c) and (2), for “Secretary of State” substitute “ Commission ”.
Section 35 (enforcement of liability orders by distress) is amended as follows. In subsection (1), for “Secretary of State” substitute “ Commission ”. In subsection (3)—
In section 37 (regulations about liability orders), in subsection (2), for “Secretary of State” (in the second place where it occurs) substitute “ Commission ”.
In section 38 (enforcement of liability orders by diligence), subsection (1) is amended as follows—
in paragraph (a), for “Secretary of State” substitute “ Commission ”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 39A (commitment to prison and disqualification from driving)—
for “Secretary of State” (in both places where it occurs) substitute “ Commission ”;
in subsections (1) and (4), for “he” substitute “ it ”.
Section 40B (disqualification from driving) is amended as follows. In subsections (5) to (8), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”. In subsection (9)—
Section 41 (arrears of child support maintenance) is amended as follows. In subsection (1), for “Secretary of State” substitute “ Commission ”. In subsection (2)— In subsection (6)—
Section 41A (penalty payments) is amended as follows. In subsection (1), for “him” substitute “ the Commission ”. In subsections (2) and (4), for “Secretary of State” substitute “ Commission ”. In subsection (6)—
Section 41B (repayment of overpaid child support maintenance) is amended as follows. In subsection (1), for “Secretary of State” substitute “ Commission ”. In subsection (1A)— In subsection (2), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”. In subsection (3)— In subsections (4), (5) and (6)(a), for “Secretary of State” substitute “ Commission ”. In subsection (9)—
In section 44 (jurisdiction), in subsection (1), for “Secretary of State” substitute “ Commission ”.
In section 46 (reduced benefit decisions), in subsection (3)(a), for “Secretary of State” substitute “ Commission ”.
In section 46A (finality of decisions), in subsection (1), after “decision of” insert “ the Commission, ”.
In section 46B (matters arising as respects decisions), in subsection (1)(a), for “Secretary of State” substitute “ Commission ”.
In section 48 (right of audience), in subsection (1), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.
After section 50 insert—
Schedule 1 (maintenance calculations) is amended as follows. In paragraph 7(3), for “Secretary of State” substitute “ Commission ”. In paragraph 10(2)— In paragraph 10B(a), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”. In paragraphs 12 and 13, for “Secretary of State” substitute “ Commission ”. In paragraph 15— In paragraph 16(10), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.
In paragraph 4 of Schedule 4A, for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.
Appointments for the purposes of paragraph 1(c) are to be made by the Commission, with the approval of the Secretary of State. 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. 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. 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.
The Commission is to have a chief executive. The chief executive is employed in the civil service of the State. The first appointment of a chief executive— Subsequent appointments of a chief executive—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. Regulations under sub-paragraph (1) may, in particular— The Secretary of State may by regulations make provision enabling the Commission 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.
The Social Security Administration Act 1992 is amended as follows. In section 108 (certain maintenance orders to be enforceable by the Secretary of State), for subsection (8) substitute— 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— In that section, in subsection (2A) (exclusion of power to require supply in case of information for use for the purposes of functions relating to employment or training), after “subsection (2)” insert “or (2ZA)”. 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— In section 122 (supply of information held by tax authorities for fraud prevention and verification), in subsection (3) (prohibition of onward supply by recipient, except in specified circumstances), at the end of paragraph (c) insertor.
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)”.
The Commission may appoint such other staff as it considers appropriate. 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.
The terms and conditions of a person's appointment to chair the Commission are to be such as the Secretary of State may determine. 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. The matters with which the terms and conditions of a member's appointment may deal include, in particular—
In this Schedule, “Northern Ireland Department” means the Department for Social Development in Northern Ireland or the Department for Employment and Learning in Northern Ireland.
Subject to sub-paragraphs (2) and (3), a person appointed to be a member of the Commission— 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. 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.
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. The Commission may— Where— the Commission may make a payment to that person of such amount as the Secretary of State may determine.
The Commission may authorise— to exercise on its behalf such of its functions, in such circumstances, as it may determine. This paragraph does not apply to the functions listed in paragraph 20(1).
The Commission 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. The reference in sub-paragraph (1) to an existing case is to any of the following— 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.
In this Schedule—
“maintenance assessment” means an assessment of maintenance made under the Child Support Act 1991;
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. The Commission may— 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.
The person appointed to chair the Commission may authorise— to exercise on his or her behalf the functions under paragraph 4(2) or 7. 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.
The Secretary of State may by regulations make provision about the exercise of the power under paragraph 1(1). Regulations under sub-paragraph (1) may, in particular—
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). Regulations under sub-paragraph (1) shall, in particular—
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.
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.
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 ”.
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. 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.
“dependant” has the meaning given by section 3 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41) (“the 1979 Act”);
The Commission may establish committees for any purpose. Any committee established under sub-paragraph (1) may establish sub-committees. Any committee or sub-committee established under this paragraph may consist of or include persons who are not members of the Commission. 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. Sub-paragraphs (2) to (4) do not apply to the committee established under paragraph 20(1) or to any of its sub-committees.
The Commission must— Each statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to— 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. The Comptroller and Auditor General must— The Secretary of State must lay before Parliament a copy of each report and statement sent under sub-paragraph (4)(b). In this paragraph, “financial year” means—
The functions of the Commission, and of its members, are to be exercised on behalf of the Crown. For the purposes of any civil proceedings arising out of those functions—
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. ”
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. ”
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.
The Commission must keep under review the question whether its internal financial controls secure the proper conduct of its financial affairs.
The Commission may determine—
its own procedure (including quorum), and
the procedure (including quorum) of any of its committees.
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. Payments under this paragraph may be made at such times and subject to such conditions (if any) as the Secretary of State considers appropriate.
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.
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. ”
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. ”
In this Schedule—
references to executive members of the Commission are to the Commissioner for Child Maintenance and the executive directors;
references to non-executive members of the Commission are to those members of the Commission who are not executive members of it.
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.
In this Schedule, references to the committees of the Commission are to—
the committee established under paragraph 20 and any of its sub-committees, and
any committees or sub-committees established under paragraph 11.
“diffuse mesothelioma” has the same meaning as in the 1979 Act.
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). 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. This paragraph does not apply in relation to Scotland.
The Social Security Act 1998 is amended as follows. 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)— In section 81 (duty of Secretary of State to report on the standards achieved in the making of decisions from which an appeal lies to an appeal tribunal), after subsection (1) insert—
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)”.
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Section 13
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Section 16
For paragraph 2 (basic rate) substitute—
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”.
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”.
In paragraph 9 (regulations about shared care), the existing provision becomes sub-paragraph (1). In that sub-paragraph, before paragraph (a) insert—. In that sub-paragraph, after paragraph (b) insert—. Regulations under sub-paragraph (1)(ba) may include provision enabling the Commission to proceed for a prescribed period on the basis of a prescribed assumption.
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,”. After paragraph 5 insert—
Section 19
Section 44
Section 57
The Child Support Act 1991 is amended as follows. 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”. In section 20 (appeals to appeal tribunals), in subsection (1), after paragraph (b) insert—. In subsection (2) of that section, after paragraph (a) insert—. After subsection (5) of that section insert— After subsection (7) of that section insert— 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”. 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”. In section 32(7) (regulations about appeals), after “include” insert—. In section 36(1) (enforcement in county courts), for “garnishee proceedings” substitute “a third party debt order”. For section 39 substitute— 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)”. In section 40A (commitment to prison: Scotland)— In that section, in subsection (6), the words from “for” to the end become paragraph (a), and after that paragraph insert— In section 40B (disqualification for driving), in subsection (3)— In subsection (7) of that section, for “section 39A” substitute “this section”. In subsection (12) of that section (modifications for Scotland), for the subsection (11) substituted by paragraph (d) substitute— At the end of that section, insert— In section 50 (unauthorised disclosure of information), in subsection (1) (offence of unauthorised disclosure), for “this section” substitute “this subsection”. In that section, after subsection (1) insert— In that section, in subsection (7) (definition of “responsible person”)— In section 52 (regulations and orders), in subsection (2)(a) (regulations subject to affirmative resolution procedure)— In that section, for subsection (2A) substitute— After that subsection insert— In section 54 (interpretation), the existing provision becomes subsection (1), and in that subsection— In that section, after subsection (1) insert— 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”. 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”. 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. In that Schedule, in paragraph 10A(1)(b) (regulations about amounts set out in Schedule 1)— 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”. In that Schedule, for paragraph 14 substitute— Schedule 2 (provision of information to Secretary of State) ceases to have effect. 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—
Schedule 5 to the Tax Credits Act 2002 (use and disclosure of information) is amended as follows. Information to which this paragraph applies may be supplied— for use for the purposes of functions relating to social security or war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed. An authorised officer may require information to which this paragraph applies to be supplied— for use for the purposes of functions relating to social security. Information to which this paragraph applies may be supplied— for use for the purposes of functions relating to social security, child support or war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed. An authorised officer may require information to which this paragraph applies to be supplied— for use for the purposes of functions relating to social security or child support. In that paragraph, in sub-paragraph (4) (definition of “authorised officer”), for “sub-paragraph (3)” substitute “sub-paragraphs (3) and (3B)”. This paragraph applies to information which is held for the purposes of functions relating to social security, war pensions or employment or training— This paragraph also applies to information which is held for the purposes of functions relating to social security, child support, war pensions or employment or training—
Section 58 Short title and chapter Extent of repeal Debtors (Scotland) Act 1987 (c. 18) Section 1(5)(cc). Child Support Act 1991 (c. 48) In section 4— subsections (9) and (11); in subsection (10), paragraph (b) and the word “or” immediately before it. Section 6. In section 7(1), paragraph (b) and the word “or” immediately before it. In section 8(1), the words “(or treated as made)”. In section 9(6), paragraphs (a) and (b) and the word “and” immediately preceding them. Section 11(3) to (5). In section 12(2), the words from “(or” to “made)”. In section 14(1), the words “or treated as made” and “(or application treated as made)”. Sections 16(1A)(b), 17(1)(c) and 20(1)(c), (2)(b) and (6). Section 20(1)(e). In section 26(1), the words “or treated as made”. In section 27(1)(a), the words “(or is treated as having been made)” and “or treated as made”. 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”. In section 28(1)(a), the words “or treated as made”, in both places. In section 28ZA(1)(a), the words from “or with” to “section 46”. 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”. 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)”. In section 28F(4)(a), the words from “(including” to “made)”. In section 28J(1)(a), the words from “, or is” to “section 6”. In section 29(1), paragraph (a) and the word “or” at the end of it. Section 32(2)(a). Sections 33 and 34. In section 36— in subsection (1), the words “, if a county court so orders,”; subsection (2). Sections 37, 39A, 40A(8)(c) and 40B(12)(b) and (c). In section 41(1)(a), the word “, 6”. Sections 46, 47 and 50(5). In section 52(2), the words “6(1),” and “, 46”. In Schedule 1, in paragraph 9(1)(a), the words from “or” to the end. Schedule 2. In Schedule 4A, paragraph 5(2). 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)”. In Schedule 5, paragraph 8(2). Social Security Administration Act 1992 (c. 5) Sections 106(7) and 107. In section 122(3), the word “or” at the end of paragraph (b). Child Support Act 1995 (c. 34) In Schedule 3, paragraphs 9 and 10. Welfare Reform and Pensions Act 1999 (c. 30) Section 80. Child Support, Pensions and Social Security Act 2000 (c. 19) Sections 3, 16(1), 19 and 28. 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). Employment Act 2002 (c. 22) In Schedule 6, paragraphs 11(a) and 13(a). Civil Partnership Act 2004 (c. 33) In Schedule 24, paragraph 3. Welfare Reform Act 2007 (c. 5) In Schedule 3, paragraph 7(2) to (5). Tribunals, Courts and Enforcement Act 2007 (c. 15) In Schedule 13, paragraphs 96 and 97.