Миссия США при ОБСЕ - Ответ послу Марселю Пешко, директору Центра ОБСЕ по предотвращению конфликтов
For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him.
For the purposes of this Act, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his by making periodical payments of maintenance with respect to the child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Act.
Where a maintenance calculation made under this Act requires the making of periodical payments, it shall be the duty of the non-resident parent with respect to whom the calculation was made to make those payments.
Where, in any case which falls to be dealt with under this Act, the Secretary of State ... is considering the exercise of any discretionary power conferred by this Act, the Secretary of State shall have regard to the welfare of any child likely to be affected by the decision.
A child is a “qualifying child” if—
one of his parents is, in relation to him, a non-resident parent; or
both of his parents are, in relation to him, non-resident parents.
The parent of any child is a “non-resident parent”, in relation to him, if—
that parent is not living in the same household with the child; and
the child has his home with a person who is, in relation to him, a person with care.
A person is a “person with care”, in relation to any child, if he is a person—
with whom the child has his home;
who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and
who does not fall within a prescribed category of person.
The Secretary of State shall not, under subsection (3)(c), prescribe as a category—
parents;
guardians;
persons named, in a child arrangements order under section 8 of the Children Act 1989, as persons with whom a child is to live;
in Scotland, persons with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.
For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.
Periodical payments which are required to be paid in accordance with a maintenance calculation are referred to in this Act as “child support maintenance”.
Expressions are defined in this section only for the purposes of this Act.
A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the non-resident parent may apply to the Secretary of State for a maintenance calculation to be made under this Act with respect to that child, or any of those children.
Where a maintenance calculation has been made in response to an application under this section the Secretary of State may, if the person with care ... applies to the Secretary of State under this subsection, arrange for—
the collection of the child support maintenance payable in accordance with the calculation;
the enforcement of the obligation to pay child support maintenance in accordance with the calculation.
The Secretary of State may only make arrangements under subsection (2)(a) if—
the non-resident parent agrees to the arrangements, or
the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.
Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the Secretary of State to take steps to enforce that obligation whenever the Secretary of State considers it necessary to do so, the Secretary of State may act accordingly.
A person who applies to the Secretary of State under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
the non-resident parent to be identified or traced (where that is necessary);
the amount of child support maintenance payable by the non-resident parent to be assessed; and
that amount to be recovered from the non-resident parent.
Any person who has applied to the Secretary of State under this section may at any time request the Secretary of State to cease acting under this section.
It shall be the duty of the Secretary of State to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).
The obligation to provide information which is imposed by subsection (4)—
shall not apply in such circumstances as may be prescribed; and
may, in such circumstances as may be prescribed, be waived by the Secretary of State.
The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.
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No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—
there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order made before a prescribed date, in respect of that child or those children and the person who is, at that time, the non-resident parent; or
a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or
a maintenance agreement— is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; ...
made on or after the date prescribed for the purposes of paragraph (a); and
registered for execution in the Books of Council and Session or the sheriff court books,
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Where— no application may be made for a maintenance calculation with respect to the child by any of those persons who do not have parental responsibility for ... the child.
there is more than one person with care of a qualifying child; and
one or more, but not all, of them have parental responsibility for ... the child;
Where more than one application for a maintenance calculation is made with respect to the child concerned, only one of them may be proceeded with.
The Secretary of State may by regulations make provision as to which of two or more applications for a maintenance calculation with respect to the same child is to be proceeded with.
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Where income support, family credit or any other benefit of a prescribed kind is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child she shall, if— authorise the Secretary of State to take action under this Act to recover child support maintenance from the absent parent.
she is a person with care of the child; and
she is required to do so by the Secretary of State,
The Secretary of State shall not require a person (“the parent”) to give him the authorisation mentioned in subsection (1) if he considers that there are reasonable grounds for believing that— there would be a risk of her, or of any child living with her, suffering harm or undue distress as a result.
if the parent were to be required to give that authorisation; or
if she were to give it,
Subsection (2) shall not apply if the parent requests the Secretary of State to disregard it.
The authorisation mentioned in subsection (1) shall extend to all children of the absent parent in relation to whom the parent first mentioned in subsection (1) is a person with care.
That authorisation shall be given, without unreasonable delay, by completing and returning to the Secretary of State an application—
for the making of a maintenance assessment with respect to the qualifying child or qualifying children; and
for the Secretary of State to take action under this Act to recover, on her behalf, the amount of child support maintenance so assessed.
Such an application shall be made on a form (“a maintenance application form”) provided by the Secretary of State.
A maintenance application form shall indicate in general terms the effect of completing and returning it.
Subsection (1) has effect regardless of whether any of the benefits mentioned there is payable with respect to any qualifying child.
A person who is under the duty imposed by subsection (1) shall, so far as she reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State or the child support officer being provided with the information which is required to enable—
the absent parent to be traced;
the amount of child support maintenance payable by the absent parent to be assessed; and
that amount to be recovered from the absent parent.
The obligation to provide information which is imposed by subsection (9)—
shall not apply in such circumstances as may be prescribed; and
may, in such circumstances as may be prescribed, be waived by the Secretary of State.
A person with care who has authorised the Secretary of State under subsection (1) but who subsequently ceases to fall within that subsection may request the Secretary of State to cease acting under this section.
It shall be the duty of the Secretary of State to comply with any request made under subsection (11) (but subject to any regulations made under subsection (13)).
The Secretary of State may by regulations make such incidental or transitional provision as he thinks appropriate with respect to cases in which he is requested under subsection (11) to cease to act under this section.
The fact that a maintenance assessment is in force with respect to a person with care shall not prevent the making of a new maintenance assessment with respect to her in response to an application under this section.
A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the Secretary of State for a maintenance calculation to be made with respect to him if—
no such application has been made by a person who is, with respect to that child, a person with care or a non-resident parent; ...
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An application made under subsection (1) shall authorise the Secretary of State to make a maintenance calculation with respect to any other children of the non-resident parent who are qualifying children in the care of the same person as the child making the application.
Where a maintenance calculation has been made in response to an application under this section the Secretary of State may, if the person with care or the child concerned applies to the Secretary of State under this subsection, arrange for—
the collection of the child support maintenance payable in accordance with the calculation;
the enforcement of the obligation to pay child support maintenance in accordance with the calculation.
The Secretary of State may only make arrangements under subsection (3)(a) if—
the non-resident parent agrees to the arrangements, or
the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.
Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the Secretary of State to take steps to enforce that obligation whenever the Secretary of State considers it necessary to do so, the Secretary of State may act accordingly.
Where a child has asked the Secretary of State to proceed under this section, the person with care of the child, the non-resident parent and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
the non-resident parent to be traced (where that is necessary);
the amount of child support maintenance payable by the non-resident parent to be assessed; and
that amount to be recovered from the non-resident parent.
The child who has made the application (but not the person having care of him) may at any time request the Secretary of State to cease acting under this section.
It shall be the duty of the Secretary of State to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).
The obligation to provide information which is imposed by subsection (5)—
shall not apply in such circumstances as may be prescribed by the Secretary of State; and
may, in such circumstances as may be so prescribed, be waived by the Secretary of State.
The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.
No application may be made at any time under this section by a qualifying child if
there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order made before a prescribed date, in respect of that child and the person who is, at that time, the non-resident parent or
a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or
a maintenance agreement— is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.
made on or after the date prescribed for the purposes of paragraph (a); and
registered for execution in the Books of Council and Session or the sheriff court books,
This subsection applies in any case where the Secretary of State would have jurisdiction to make a maintenance calculation with respect to a qualifying child and a non-resident parent of his on an application duly made ... by a person entitled to apply for such a calculation with respect to that child.
Subsection (1) applies even though the circumstances of the case are such that the Secretary of State would not make a calculation if it were applied for.
Except as provided in subsection (3A), in any case where subsection (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and non-resident parent concerned.
Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—
if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or
where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.
Subsection (3) does not prevent a court from revoking a maintenance order.
The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
a written agreement (whether or not enforceable) provides for the making, or securing, by a non-resident parent of the child of periodical payments to or for the benefit of the child; and
the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.
This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
a maintenance calculation is in force with respect to the child;
the non-resident parent’s gross weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and
the court is satisfied that the circumstances of the case make it appropriate for the non-resident parent to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the maintenance calculation.
The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.
This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and
the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.
This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if— and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child’s disability.
an allowance under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or a disability living allowance is paid to or in respect of him; or
no such allowance is paid but he is disabled,
For the purposes of subsection (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.
This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.
In this Act “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under— and includes any order varying or reviving such an order.
Part II of the Matrimonial Causes Act 1973;
the Domestic Proceedings and Magistrates’ Courts Act 1978;
Part III of the Matrimonial and Family Proceedings Act 1984;
the Family Law (Scotland) Act 1985;
Schedule 1 to the Children Act 1989; ...
Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or
any other prescribed enactment,
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.
Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.
The Secretary of State may, with a view to reducing the need for applications under sections 4 and 7—
take such steps as the Secretary of State considers appropriate to encourage the making and keeping of maintenance agreements, and
in particular, before accepting an application under those sections, invite the applicant to consider with the Secretary of State whether it is possible to make such an agreement.
Subject to section 4(10)(a) and (ab) and section 7(10), the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a maintenance calculation with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.
Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance calculation, that provision shall be void.
Where section 8 would prevent any court from making a maintenance order in relation to a child and a non-resident parent of his, no court shall exercise any power that it has to vary any agreement so as—
to insert a provision requiring that non-resident parent to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or
to increase the amount payable under such a provision.
In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation, ... subsection (5) shall have effect with the omission of paragraph (b).
Where an order of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance calculation is made, the order—
shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or
where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
Where an agreement of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance calculation is made, the agreement—
shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or
where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
Any regulations under this section may, in particular, make such provision with respect to— as the Secretary of State considers appropriate and may provide that, in prescribed circumstances, an application to any court which is made with respect to an order of a prescribed kind relating to the making or securing of periodical payments to or for the benefit of a child shall be treated by the court as an application for the order to be revoked.
any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the maintenance calculation and of the provisions of this Act;
the recovery of any arrears under the order or agreement which fell due before the coming into force of the maintenance calculation,
The Secretary of State may by regulations make provision for—
notification to be given by the Secretary of State to the prescribed person in any case where the Secretary of State considers that the making of a maintenance calculation has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;
notification to be given by the prescribed person to the Secretary of State in any case where a court makes an order which it considers has affected, or is likely to affect, a maintenance calculation.
Rules of court may require any person who, in prescribed circumstances, makes an application to the family court for a maintenance order to furnish the court with a statement in a prescribed form, and signed by an officer of the Secretary of State, as to whether or not, at the time when the statement is made, there is a maintenance calculation in force with respect to that person or the child concerned. In this subsection—
“maintenance order” means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and
“prescribed” means prescribed by the rules.
“the appropriate court”—
“qualifying child” has the meaning given in section 3(1);
An application for a maintenance calculation made to the Secretary of State shall be dealt with by the Secretary of State in accordance with the provision made by or under this Act.
The Secretary of State shall (unless the Secretary of State decides not to make a maintenance calculation in response to the application, or makes a decision under section 12) determine the application by making a decision under this section about whether any child support maintenance is payable and, if so, how much.
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The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.
If the Secretary of State has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis determined under section 28F(4).
Part II of Schedule 1 makes further provision with respect to maintenance calculations.
Where the Secretary of State— and it appears to the Secretary of State that the Secretary of State does not have sufficient information to enable such a decision to be made, the Secretary of State may make a default maintenance decision.
is required to make a maintenance calculation; or
is proposing to make a decision under section 16 or 17,
Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation ... , the Secretary of State may make an interim maintenance decision.
The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.
the procedure to be followed in making an interim maintenance assessment; and
the basis on which the amount of child support maintenance fixed by an interim assessment is to be calculated.
The Secretary of State may by regulations make provision as to default and interim maintenance decisions.
the absent parent concerned;
the person with care concerned; and
where the application for a maintenance assessment was made under section 7, the child concerned.
The regulations may, in particular, make provision as to—
the procedure to be followed in making a default or an interim maintenance decision; and
a default rate of child support maintenance to apply where a default maintenance decision is made.
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The Secretary of State shall appoint persons (to be known as child support officers) for the purpose of exercising functions—
conferred on them by this Act, or by any other enactment; or
assigned to them by the Secretary of State.
A child support officer may be appointed to perform only such functions as may be specified in his instrument of appointment.
The Secretary of State shall appoint a Chief Child Support Officer.
It shall be the duty of the Chief Child Support Officer to—
advise child support officers on the discharge of their functions in relation to making, reviewing or cancelling maintenance assessments;
keep under review the operation of the provision made by or under this Act with respect to making, reviewing or cancelling maintenance assessments; and
report to the Secretary of State annually, in writing, on the matters with which the Chief Child Support Officer is concerned.
The Secretary of State shall publish, in such manner as he considers appropriate, any report which he receives under subsection (4)(c).
Any proceedings (other than for an offence) in respect of any act or omission of a child support officer which, apart from this subsection, would fall to be brought against a child support officer resident in Northern Ireland may instead be brought against the Chief Child Support Officer.
For the purposes of any proceedings brought by virtue of subsection (6), the acts or omissions of the child support officer shall be treated as the acts or omissions of the Chief Child Support Officer.
The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application made ... under this Act, or any question arising in connection with such an application ... , or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act, or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—
by such persons as may be determined in accordance with regulations made by the Secretary of State; and
in accordance with the regulations.
Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.
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make use of that information for purposes of this Act; or
disclose it to the Department of Health and Social Services for Northern Ireland for purposes of any enactment corresponding to this Act and having effect with respect to Northern Ireland.
The Secretary of State may by regulations make provision authorising the disclosure by the Secretary of State ... , in such circumstances as may be prescribed, of such information held by the Secretary of State for purposes of this Act as may be prescribed.
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The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the Secretary of State) shall have effect.
This section applies to—
persons who are required to comply with regulations under section 4(4) or 7(5); and
persons specified in regulations under section 14(1)(a).
Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—
he makes a statement or representation which he knows to be false; or
he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.
Such a person is guilty of an offence if, following such a request, he fails to comply with it.
In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify— a person who fails to comply with the requirement is guilty of an offence.
a change of address, or
any other change of circumstances,
It is a defence for a person charged with an offence under subsection (3) or (3A) to prove that he had a reasonable excuse for failing to comply.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In England and Wales, an information relating to an offence under subsection (2) may be tried by a magistrates' court if it is laid within the period of 12 months beginning with the commission of the offence.
In Scotland, summary proceedings for an offence under subsection (2) may be commenced within the period of 12 months beginning with the commission of the offence.
Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date when proceedings deemed to be commenced) applies for the purposes of subsection (7) as it applies for the purposes of that section.
The Secretary of State may appoint, on such terms as the Secretary of State thinks fit, persons to act as inspectors under this section.
The function of inspectors is to acquire information which the the Secretary of State needs for any of the purposes of this Act.
Every inspector is to be given a certificate of his appointment.
An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which— and may there make such examination and inquiry as he considers appropriate.
are liable to inspection under this section; and
any specified premises, other than premises used solely as a dwelling-house; and
any premises which are not specified but which are used by any specified person for the purpose of carrying on any trade, profession, vocation or business; and
are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,
But the power under subsection (4) to enter any premises is exercisable only under the authority of a warrant issued under section 15A if—
the premises are occupied, and
an inspector has applied for admission to the premises for the purposes of exercising the power under that subsection but admission has been refused.
An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.
Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—
premises at which a non-resident parent is or has been employed;
premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;
premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.
If required to do so by an inspector exercising his powers, any such person shall furnish to the inspector all such information and documents as the inspector may reasonably require.
an occupier of the premises in question;
an employer or an employee working at or from those premises;
carrying on at or from those premises any trade, profession, vocation or business;
an employee or agent of any person mentioned in paragraphs (a) to (c),
No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married or is a civil partner, his or her spouse or civil partner.
On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.
Subject to subsection (9A), if any person— he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
intentionally delays or obstructs any inspector exercising his powers; or
without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,
In this section—
“voluntary payment” has the meaning given in section 28J.
“the relevant time” means the earliest of the following—
to England and Wales, has the same meaning as in the Children Act 1989; and
“inspector” means an inspector appointed under this section;
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);
“person with care” has the meaning given in section 3(3);
“inspector” means an inspector appointed under section 15;
A person is guilty of an offence under subsection (9)(a) as a result of intentionally delaying or obstructing an inspector’s entry to premises that are occupied only if, at the time of the delay or obstruction, entry to the premises is authorised by a warrant issued under section 15A.
In this section, “premises” includes— and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.
moveable structures and vehicles, vessels, aircraft and hovercraft;
installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and
places of all other descriptions whether or not occupied as land or otherwise,
The appropriate court may issue a warrant authorising entry to premises if, on an application made by an inspector, the court is satisfied that—
any of the conditions in subsection (2) is met, and
each of the conditions in subsection (3) is met.
The conditions referred to in subsection (1)(a) are—
that, having attempted to exercise the power conferred by section 15(4), an inspector has been refused entry to the premises,
that it is not practicable to communicate with any person entitled to grant entry to the premises, or
that entry to the premises is unlikely to be granted unless a warrant is produced.
The conditions referred to in subsection (1)(b) are—
that the premises are liable to inspection under section 15 (see section 15(4A)),
that the premises are premises to which it is reasonable for an inspector to require entry in order to exercise the inspector’s functions under section 15,
that the premises are occupied, and
that the occupier has been given at least 21 days’ notice of intention to apply for a warrant.
An application for a warrant must be supported—
in England and Wales, by an information in writing;
in Scotland, by evidence on oath.
The warrant must specify the premises to which the warrant relates.
A warrant authorises an inspector’s entry to the specified premises, at any reasonable time and either alone or accompanied by such persons as the inspector thinks fit, for the purpose of exercising the inspector’s functions under section 15.
But a warrant does not authorise an inspector to enter those premises at any time when the occupier is temporarily absent.
A warrant ceases to have effect at the end of the period of one month beginning with the day it is issued.
An inspector entering premises under a warrant must, if so required, produce the warrant for inspection by an occupier of the premises.
In this section—
Any decision to which subsection (1A) applies may be revised by the Secretary of State— and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
either within the prescribed period or in prescribed cases or circumstances; and
either on an application made for the purpose or on the Secretary of State’s own initiative;
This subsection applies to—
a decision of the Secretary of State under section 11, 12 or 17;
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a decision of the First-tier Tribunal on a referral under section 28D(1)(b).
In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause the Secretary of State to act on the Secretary of State’s own initiative.
Where the Secretary of State revises a decision under section 12(1)—
the Secretary of State may (if appropriate) do so as if ... revising a decision under section 11; and
if the Secretary of State does that, the decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).
Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.
Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
on the day immediately after the end of the prescribed period mentioned in subsection (1); or
in such circumstances as may be prescribed, on such later date as may be determined in accordance with regulations made by the Secretary of State.
Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.
Subject to subsection (2), the following, namely— may be superseded by a decision made by the Commission, either on an application made for the purpose or on the Secretary of State’s own initiative.
any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;
any decision of an appeal tribunal or the First-tier Tribunal under section 20; ...
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any decision of an appeal tribunal or the First-tier Tribunal on a referral under section 28D(1)(b);
any decision of a Child Support Commissioner or the Upper Tribunal on an appeal from such a decision as is mentioned in paragraph (b) or (d),
The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).
Regulations under subsection (2) may, in particular—
make provision about the cases and circumstances in which the power under subsection (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;
make provision with respect to the consideration by the Secretary of State, when acting under subsection (1), of any issue which has not led to the Secretary of State's so acting;
make provision with respect to procedure in relation to the exercise of the power under subsection (1).
Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.
In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the Secretary of State under section 11 or (if earlier) the Secretary of State’s first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.
Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
In this section—
he is satisfied that the original assessment has ceased to have effect or should be brought to an end; or
“direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);
the difference between the amount of child support maintenance fixed by the original assessment and the amount that would be fixed if a fresh assessment were to be made as a result of the review is less than such amount as may be prescribed.
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Where— the person who made that application may apply to the Secretary of State for the refusal to be reviewed.
an application for a maintenance assessment is refused; or
an application, under section 17, for the review of a maintenance assessment which is in force is refused,
Where a maintenance assessment is in force— may apply to the Secretary of State for the assessment to be reviewed.
the absent parent or person with care with respect to whom it was made; or
where the application for the assessment was made under section 7, either of them or the child concerned,
Where a maintenance assessment is cancelled the appropriate person may apply to the Secretary of State for the cancellation to be reviewed.
Where an application for the cancellation of a maintenance assessment is refused, the appropriate person may apply to the Secretary of State for the refusal to be reviewed.
An application under this section shall give the applicant’s reasons (in writing) for making it.
The Secretary of State shall refer to a child support officer any application under this section which is duly made; and the child support officer shall conduct the review applied for unless in his opinion there are no reasonable grounds for supposing that the refusal, assessment or cancellation in question—
was made in ignorance of a material fact;
was based on a mistake as to a material fact;
was wrong in law.
The Secretary of State shall arrange for a review under this section to be conducted by a child support officer who played no part in taking the decision which is to be reviewed.
Before conducting any review under this section, the child support officer concerned shall give to such persons as may be prescribed, such notice of the proposed review as may be prescribed.
If a child support officer conducting a review under this section is satisfied that a maintenance assessment or (as the case may be) a fresh maintenance assessment should be made, he shall proceed accordingly.
In making a maintenance assessment by virtue of subsection (9), a child support officer shall, if he is aware of any material change of circumstance since the decision being reviewed was taken, take account of that change of circumstance in making the assessment.
The Secretary of State may make regulations—
as to the manner in which applications under this section are to be made;
as to the procedure to be followed with respect to such applications; and
with respect to reviews conducted under this section.
In this section “appropriate person” means—
the absent parent or person with care with respect to whom the maintenance assessment in question was, or remains, in force; or
where the application for that assessment was made under section 7, either of those persons or the child concerned.
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Where a child support officer is not conducting a review under section 16, 17 or 18 but is nevertheless satisfied that a maintenance assessment which is in force is defective by reason of— he may make a fresh maintenance assessment on the assumption that the person in whose favour the original assessment was made has made a fresh application for a maintenance assessment.
having been made in ignorance of a material fact;
having been based on a mistake as to a material fact; or
being wrong in law,
Where a child support officer is not conducting such a review but is nevertheless satisfied that if an application were to be made under section 17 or 18 it would be appropriate to make a fresh maintenance assessment, he may do so.
Before making a fresh maintenance assessment under this section, a child support officer shall give to such persons as may be prescribed such notice of his proposal to make a fresh assessment as may be prescribed.
A qualifying person has a right of appeal to the First-tier Tribunal against—
a decision of the Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);
a decision of the Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;
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the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;
the imposition (by virtue of section 47) of a requirement to pay fees.
In subsection (1), “qualifying person” means—
in relation to paragraphs (a) and (b)—
the person with care, or non-resident parent, with respect to whom the Secretary of State made the decision, or
in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;
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in relation to paragraph (d), the parent who has been required to make penalty payments; and
in relation to paragraph (e), the person required to pay fees.
Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in subsection (1)(a) or (b) only if the Secretary of State has considered whether to revise the decision under section 16.
A person with a right of appeal under this section shall be given such notice as may be prescribed of—
that right; and
the relevant decision, or the imposition of the requirement.
The regulations may in particular provide that that condition is met only where—
the consideration by the Secretary of State was on an application,
the Secretary of State considered issues of a specified description, or
the consideration by 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, appeals are to be brought; ...
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provision that, where in accordance with regulations under subsection (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 16.
The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.
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In deciding an appeal under this section, the First-tier Tribunal—
need not consider any issue that is not raised by the appeal; and
shall not take into account any circumstances not obtaining at the time when the Secretary of State made the decision or imposed the requirement.
If an appeal under this section is allowed, the First-tier Tribunal may—
itself make such decision as it considers appropriate; or
remit the case to the Secretary of State, together with such directions (if any) as it considers appropriate.
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There shall be tribunals to be known as child support appeal tribunals which shall, subject to any order made under section 45, hear and determine appeals under section 20.
The Secretary of State may make such regulations with respect to proceedings before child support appeal tribunals as he considers appropriate.
The regulations may in particular make provision—
as to procedure;
for the striking out of appeals for want of prosecution;
as to the persons entitled to appear and be heard on behalf of any of the parties;
requiring persons to attend and give evidence or to produce documents;
about evidence;
for authorising the administration of oaths;
as to confidentiality;
for notification of the result of an appeal to be given to such persons as may be prescribed.
Schedule 3 shall have effect with respect to child support appeal tribunals.
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Her Majesty may from time to time appoint a Chief Child Support Commissioner and such number of other Child Support Commissioners as she may think fit.
The Chief Child Support Commissioner and the other Child Support Commissioners shall be appointed from among persons who—
have a 10 year general qualification; or
are advocates or solicitors in Scotland of 10 years' standing.
The Lord Chancellor, after consulting the Lord Advocate, may make such regulations with respect to proceedings before Child Support Commissioners as he considers appropriate.
The regulations—
may, in particular, make any provision of a kind mentioned in section 21(3); and
shall provide that any hearing before a Child Support Commissioner shall be in public except in so far as the Commissioner for special reasons directs otherwise.
Schedule 4 shall have effect with respect to Child Support Commissioners.
Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and other Child Support Commissioners for Northern Ireland.
The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than 7 years’ standing.
Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland ...
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Each of the following may appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under section 20 of this Act—
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the Secretary of State, and
any person who is aggrieved by the decision of an appeal tribunal.
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Where a question which would otherwise fall to be determined by ... the Secretary of State under this Act first arises in the course of an appeal to the Upper Tribunal, that tribunal may, if it thinks fit, determine the question even though it has not been considered by ... the Secretary of State.
Where a decision is set aside under subsection (2), the Child Support Commissioner may—
if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by the child support appeal tribunal;
if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or
refer the case, with directions for its determination, to a child support officer or, if he considers it appropriate, to a child support appeal tribunal.
Any reference under subsection (3) to a child support officer shall, subject to any direction of the Child Support Commissioner, be to a child support officer who has taken no part in the decision originally appealed against.
On a reference under subsection (3) to a child support appeal tribunal, the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.
No appeal lies under this section without the leave—
of the person who was the chairman of the child support appeal tribunal when the decision appealed against was given or of such other chairman of a child support appeal tribunal as may be determined in accordance with regulations made by the Lord Chancellor; or
subject to and in accordance with regulations so made, of a Child Support Commissioner.
The Lord Chancellor may by regulations make provision as to the manner in which, and the time within which, appeals under this section are to be brought and applications for leave under this section are to be made.
Where a question which would otherwise fall to be determined by a child support officer first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by a child support officer.
Before making any regulations under subsection (6) or (7), the Lord Chancellor shall consult the Lord Advocate.
This section applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 20.
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If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.
The “principal parties” are—
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the Secretary of State; and
those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.
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An appeal on a question of law shall lie to the appropriate court from any decision of a Child Support Commissioner.
No such appeal may be brought except—
with leave of the Child Support Commissioner who gave the decision or, where regulations made by the Lord Chancellor so provide, of a Child Support Commissioner selected in accordance with the regulations; or
if the Child Support Commissioner refuses leave, with the leave of the appropriate court.
An application for leave to appeal under this section against a decision of a Child Support Commissioner (“the appeal decision”) may only be made by—
a person who was a party to the proceedings in which the original decision, or appeal decision, was given;
the Secretary of State; or
any other person who is authorised to do so by regulations made by the Lord Chancellor.
In this section—
“advanced education” means education of a prescribed description; and
The Lord Chancellor may by regulations make provision with respect to—
the manner in which and the time within which applications must be made to a Child Support Commissioner for leave under this section; and
the procedure for dealing with such applications.
Before making any regulations under subsection (2), (3) or (5), the Lord Chancellor shall consult the Lord Advocate.
Where a person who is alleged to be a parent of the child with respect to whom an application for a maintenance calculation has been made ... (“the alleged parent”) denies that he is one of the child’s parents, the Secretary of State shall not make a maintenance calculation on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).
The Cases are — Case A1 Where— the child is habitually resident in England and Wales; the Secretary of State is satisfied that the alleged parent is a man who was married to, or the civil partner of, the child’s mother at some time in the period beginning with the conception and ending with the birth of the child; and the child has not been adopted. Case A2 Where— the child is habitually resident in England and Wales; the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and the child has not subsequently been adopted. Case A3 Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent— refuses to take such a test; or has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child. Case A Where the alleged parent is a parent of the child in question by virtue of having adopted him. Case B Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 or 54A of the Human Fertilisation and Embryology Act 2008 (parental orders). Case B1 Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of the Human Fertilisation and Embryology Act 1990 or any of sections 33 to 46 of the Human Fertilisation and Embryology Act 2008 (which relate to children resulting from assisted reproduction). Case C Where— either— a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section 55A or 56 of the Family Law Act 1986 or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage); or a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and the child has not subsequently been adopted. Case D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Case E Where— the child is habitually resident in Scotland; the Secretary of State is satisfied that one or other of the presumptions set out in section 5(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 applies; and the child has not subsequently been adopted. Case F Where— the alleged parent has been found, or adjudged, to be the father of the child in question— in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the Civil Evidence Act 1968 or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971; or in affiliation proceedings before any court in the United Kingdom, (whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and the child has not subsequently been adopted.
In this section—
“prescribed” means prescribed by regulations made by the Secretary of State;
This section applies where—
an application for a maintenance calculation has been made ... , or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made ... ;
the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and
the Secretary of State or the person with care makes an application for a declaration under section 55A of the Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.
Where this section applies—
if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and
if it is the Secretary of State who makes the application, that subsection shall not apply.
This section does not apply to Scotland.
In this section “court” means, subject to any provision made under Schedule 11 to the Children Act 1989 (jurisdiction of courts with respect to certain proceedings relating to children) the High Court, a county court or a magistrates' court.
In the definition of “relevant proceedings” in section 12(5) of the Civil Evidence Act 1968 (findings of paternity etc. as evidence in civil proceedings) the following paragraph shall be added at the end—
This section does not apply to Scotland.
Subsection (1A) applies in any case where—
an application for a maintenance calculation has been made ... , or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application was made ... or the calculation was made; and
the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2).
the child support officer is not satisfied that the case falls within one of those set out in section 26(2),
In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.
The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a maintenance calculation or in a maintenance calculation which is in force.
This section applies to Scotland only.
This section applies in any case where—
an application for a maintenance calculation has been made ... or a maintenance calculation is in force;
scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or calculation is made ... ;
the results of the tests do not exclude the alleged parent from being one of the child’s parents; and
one of the conditions set out in subsection (2) is satisfied.
The conditions are that—
the alleged parent does not deny that he is one of the child’s parents;
in proceedings under section 55A of the Family Law Act 1986, a court has made a declaration that the alleged parent is a parent of the child in question; or
in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the Secretary of State by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.
In any case to which this section applies, any fee paid by the Secretary of State in connection with scientific tests may be recovered by the Secretary of State from the alleged parent as a debt due to the Crown.
In this section—
Any sum recovered by the Secretary of State under this section shall be paid by the Secretary of State into the Consolidated Fund.
The Secretary of State may (subject to section 4(2A) and 7(3A)) arrange for the collection of any child support maintenance payable in accordance with a maintenance calculation where—
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an application has been made to the Secretary of State under section 4(2) or 7(3) for the Secretary of State to arrange for its collection.
Where a maintenance calculation is made under this Act, payments of child support maintenance under the calculation shall be made in accordance with regulations made by the Secretary of State.
The regulations may, in particular, make provision—
for payments of child support maintenance to be made—
to the person caring for the child or children in question;
to, or through, the Secretary of State; or
to, or through, such other person as the Secretary of State may, from time to time, specify;
as to the method by which payments of child support maintenance are to be made;
for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);
requiring payments of child support maintenance to be made—
by reference to such an amount and a reference period; and
at prescribed intervals falling in a reference period;
as to the method and timing of the transmission of payments which are made, to or through the Secretary of State or any other person, in accordance with the regulations;
empowering the Secretary of State to direct any person liable to make payments in accordance with the calculation—
to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;
to open an account from which payments under the calculation may be made in accordance with the method of payment which that person is obliged to adopt;
providing for the making of representations with respect to matters with which the regulations are concerned.
In subsection (3)(c) and (ca) “a reference period” means—
a period of 52 weeks beginning with a prescribed date; or
in prescribed circumstances, a prescribed period.
If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—
for that method of payment not to be used in any case where there is good reason not to use it; and
for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.
On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.
Regulations under subsection (4)(b) may include—
provision with respect to the period within which a right of appeal under the regulations may be exercised;
provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.
If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—
prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;
prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.
Where the Secretary of State is arranging for the collection of any payments under section 29 or subsection (2), the Secretary of State may also arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable to or for the benefit of any person who falls within a prescribed category.
The Secretary of State may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though the Secretary of State is not arranging for the collection of child support maintenance with respect to that child.
Where— the Secretary of State may allocate that amount as the Secretary of State sees fit.
the Secretary of State is arranging, under this Act, for the collection of different payments (“the payments”) from the same non-resident parent;
an amount is collected by the Secretary of State from the non-resident parent which is less than the total amount due in respect of the payments; and
the non-resident parent has not stipulated how that amount is to be allocated by the Secretary of State as between the payments,
In relation to England and Wales, the Secretary of State may by regulations make provision for sections 29 and 31 to 40 to apply, with such modifications (if any) as he considers necessary or expedient, for the purpose of enabling the Secretary of State to enforce any obligation to pay any amount for the collection of which the Secretary of State is authorised under this section to make arrangements .
In relation to Scotland, the Secretary of State may by regulations make provision for the purpose of enabling the Secretary of State to enforce any obligation to pay any amount for the collection of which the Secretary of State is authorised under this section to make arrangements—
empowering the Secretary of State to bring any proceedings or take any other steps (other than diligence against earnings) which could have been brought or taken by or on behalf of the person to whom the periodical payments are payable;
applying sections 29, 31 and 32 with such modifications (if any) as he considers necessary or expedient.
This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.
The Secretary of State may make an order (“a deduction from earnings order”) against a liable person to secure the payment of any amount due under the maintenance calculation in question.
A deduction from earnings order may be made so as to secure the payment of—
arrears of child support maintenance payable under the calculation;
amounts of child support maintenance which will become due under the calculation; or
both such arrears and such future amounts.
A deduction from earnings order—
shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and
shall have effect from such date as may be specified in the order.
A deduction from earnings order shall operate as an instruction to the employer to—
make deductions from the liable person’s earnings; and
pay the amounts deducted to the Secretary of State.
The Secretary of State shall serve a copy of any deduction from earnings order made under this section on—
the person who appears to the Secretary of State to have the liable person in question in his employment; and
the liable person.
Where— it shall be the duty of that employer to comply with the order; but he shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the date on which the copy was served on him.
a deduction from earnings order has been made; and
a copy of the order has been served on the liable person’s employer,
In this section and in section 32 “earnings” has such meaning as may be prescribed.
The Secretary of State may by regulations make provision with respect to deduction from earnings orders.
The regulations may, in particular, make provision—
as to the circumstances in which one person is to be treated as employed by another;
requiring any deduction from earnings under an order to be made in the prescribed manner;
for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);
requiring an order to specify the amount or amounts to which the order relates and the amount or amounts which are to be deducted from the liable person’s earnings in order to meet his liabilities under the maintenance calculation in question;
requiring the intervals between deductions to be made under an order to be specified in the order;
as to the payment of sums deducted under an order to the Secretary of State;
allowing the person who deducts and pays any amount under an order to deduct from the liable person’s earnings a prescribed sum towards his administrative costs;
with respect to the notification to be given to the liable person of amounts deducted, and amounts paid, under the order;
requiring any person on whom a copy of an order is served to notify the Secretary of State in the prescribed manner and within a prescribed period if he does not have the liable person in his employment or if the liable person ceases to be in his employment;
as to the operation of an order where the liable person is in the employment of the Crown;
for the variation of orders;
similar to that made by section 31(7), in relation to any variation of an order;
for an order to lapse when the employer concerned ceases to have the liable person in his employment;
as to the revival of an order in such circumstances as may be prescribed;
allowing or requiring an order to be discharged;
as to the giving of notice by the Secretary of State to the employer concerned that an order has lapsed or has ceased to have effect.
The regulations may include provision that while a deduction from earnings order is in force—
the liable person shall from time to time notify the Secretary of State, in the prescribed manner and within a prescribed period, of each occasion on which he leaves any employment or becomes employed, or re-employed, and shall include in such a notification a statement of his earnings and expected earnings from the employment concerned and of such other matters as may be prescribed;
any person who becomes the liable person’s employer and knows that the order is in force shall notify the Secretary of State, in the prescribed manner and within a prescribed period, that he is the liable person’s employer, and shall include in such a notification a statement of the liable person’s earnings and expected earnings from the employment concerned and of such other matters as may be prescribed.
The regulations may include provision with respect to the priority as between a deduction from earnings order and—
any other deduction from earnings order;
any order under any other enactment relating to England and Wales which provides for deductions from the liable person’s earnings;
any diligence against earnings.
The regulations may include a provision that a liable person may appeal to a magistrates’ court (or in Scotland to the sheriff) if he is aggrieved by the making of a deduction from earnings order against him, or by the terms of any such order, or there is a dispute as to whether payments constitute earnings or as to any other prescribed matter relating to the order.
On an appeal under subsection (5) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the deduction from earnings order was made.
Regulations made by virtue of subsection (5) may include—
provision with respect to the period within which a right of appeal under the regulations may be exercised;
provision as to the powers of a magistrates’ court, or in Scotland of the sheriff, in relation to an appeal (which may include provision as to the quashing of a deduction from earnings order or the variation of the terms of such an order).
If any person fails to comply with the requirements of a deduction from earnings order, or with any regulation under this section which is designated for the purposes of this subsection, he shall be guilty of an offence.
In subsection (8) “designated” means designated by the regulations.
It shall be a defence for a person charged with an offence under subsection (8) to prove that he took all reasonable steps to comply with the requirements in question.
Any person guilty of an offence under subsection (8) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.
If in relation to any person it appears to the Secretary of State— the Secretary of State may make an order against that person to secure the payment of any amount due under the maintenance calculation in question by means of regular deductions from the account.
that the person has failed to pay an amount of child support maintenance; and
that the person holds an account with a deposit-taker;
An order under this section may be made so as to secure the payment of—
arrears of child support maintenance payable under the calculation;
amounts of child support maintenance which will become payable under the calculation; or
both such arrears and such future amounts.
An order under this section may be made in respect of amounts due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—
that liability for the amounts would not be affected were the appeal to succeed; or
where paragraph (a) does not apply, that the making of an order under this section in respect of the amounts would nonetheless be fair in all the circumstances.
An order under this section—
may not be made in respect of an account of a prescribed description; and
may be made in respect of a joint account which is held by the person against whom the order is made and one or more other persons, and which is not of a description prescribed under paragraph (a), if (but only if) regulations made by the Secretary of State so provide.
An order under this section—
shall specify the account in respect of which it is made;
shall be expressed to be directed at the deposit-taker with which the account is held; and
shall have effect from such date as may be specified in the order.
An order under this section shall operate as an instruction to the deposit-taker at which it is directed to—
make deductions from the amount (if any) standing to the credit of the account specified in the order; and
pay the amount deducted to the Secretary of State.
The Secretary of State shall serve a copy of any order made under this section on—
the deposit-taker at which it is directed;
the person against whom it is made; and
if the order is made in respect of a joint account, the other account-holders.
Where— it shall be the duty of that deposit-taker to comply with the order; but the deposit-taker shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the day on which the copy was served on the deposit-taker.
an order under this section has been made; and
a copy of the order has been served on the deposit-taker at which it is directed,
Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay an amount of child support maintenance unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.
This section applies where—
a person who is liable to make payments of child support maintenance (“the liable person”) fails to make one or more of those payments; and
it appears to the Secretary of State that—
it is inappropriate to make a deduction from earnings order against him (because, for example, he is not employed); or
although such an order has been made against him, it has proved ineffective as a means of securing that payments are made in accordance with the maintenance calculation in question.
The Secretary of State may apply to a magistrates’ court or, in Scotland, to the sheriff for an order (“a liability order”) against the liable person.
Where the Secretary of State applies for a liability order, the magistrates’ court or (as the case may be) sheriff shall make the order if satisfied that the payments in question have become payable by the liable person and have not been paid.
On an application under subsection (2), the court or (as the case may be) the sheriff shall not question the maintenance calculation under which the payments of child support maintenance fell to be made.
If the Secretary of State designates a liability order for the purposes of this subsection it shall be treated as a judgment entered in a county court for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc).
Where regulations have been made under section 29(3)(a)— unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.
the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and
a payment is not paid (for the purposes of subsection (3)),
Before making an order under section 32A in respect of a joint account the Secretary of State shall offer each of the account-holders an opportunity to make representations about—
the proposal to make the order; and
the amounts to be deducted under the order, if it is made.
The amounts to be deducted from a joint account under such an order shall not exceed the amounts that appear to the Secretary of State to be fair in all the circumstances.
In determining those amounts the Secretary of State shall have particular regard to—
any representations made in accordance with subsection (1)(b);
the amount contributed to the account by each of the account-holders; and
such other matters as may be prescribed.
The Secretary of State may make regulations in relation to England and Wales—
prescribing the procedure to be followed in dealing with an application by the Secretary of State for a liability order;
prescribing the form and contents of a liability order; and
providing that where a magistrates’ court has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the Secretary of State.
In subsection (1) “relevant information” means any information of a prescribed description which is in the possession of the liable person and which the Secretary of State has asked him to supply.
The Secretary of State may by regulations make provision with respect to orders under section 32A.
Regulations under subsection (1) may, in particular, make provision—
requiring an order to specify the amount or amounts in respect of which it is made;
requiring an order to specify the amounts which are to be deducted under it in order to meet liabilities under the maintenance calculation in question;
requiring an order to specify the dates on which deductions are to be made under it;
for the rate of deduction under an order not to exceed such rate as may be specified in, or determined in accordance with, the regulations;
as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of section 32A;
as to the payment of sums deducted under an order to the Secretary of State;
allowing the deposit-taker at which an order is directed to deduct from the amount standing to the credit of the account specified in the order a prescribed amount towards its administrative costs before making any deduction required by section 32A(6)(a);
with respect to notifications to be given to the person against whom an order is made (and, in the case of an order made in respect of a joint account, to the other account-holders) of amounts deducted, and amounts paid, under the order;
requiring the deposit-taker at which an order is directed to notify the Secretary of State in the prescribed manner and within a prescribed period—
if the account specified in the order does not exist at the time at which the order is served on the deposit-taker;
of any other accounts held with the deposit-taker at that time by the person against whom the order is made;
requiring the deposit-taker at which an order is directed to notify the Secretary of State in the prescribed manner and within a prescribed period if, after the time at which the order is served on the deposit-taker—
the account specified in the order is closed;
a new account of any description is opened with the deposit-taker by the person against whom the order is made;
as to circumstances in which the deposit-taker at which an order is directed, the person against whom the order is made and (in the case of an order made in respect of a joint account) the other account-holders may apply to the Secretary of State for the Secretary of State to review the order and as to such a review;
for the variation of orders;
similar to that made by section 32A(8), in relation to any variation of an order;
for an order to lapse in such circumstances as may be prescribed;
as to the revival of an order in such circumstances as may be prescribed;
allowing or requiring an order to be discharged;
as to the giving of notice by the Secretary of State to the deposit-taker that an order has lapsed or ceased to have effect.
The Secretary of State may by regulations make provision with respect to priority as between an order under section 32A and—
any other order under that section;
any order under any other enactment relating to England and Wales which provides for deductions from the same account;
any diligence done in Scotland against the same account.
The Secretary of State shall by regulations make provision for any person affected to have a right to appeal to a court—
against the making of an order under section 32A;
against any decision made by the Secretary of State on an application under regulations made under subsection (2)(k).
On an appeal under regulations made under subsection (4)(a), the court shall not question the maintenance calculation by reference to which the order was made.
Regulations under subsection (4) may include—
provision with respect to the period within which a right of appeal under the regulations may be exercised;
provision with respect to the powers of the court to which the appeal under the regulations lies.
Where a liability order has been made against a person (“the liable person”), the Secretary of State may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.
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the amount in respect of which the order was made, to the extent that it remains unpaid; and
an amount, determined in such manner as may be prescribed, in respect of the charges connected with the distress.
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any of the liable person’s goods except—
such tools, books, vehicles and other items of equipment as are necessary to him for use personally by him in his employment, business or vocation;
such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying his basic domestic needs; and
any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the liable person.
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on that account; or
from the beginning, on account of any subsequent irregularity in levying the distress.
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provide that a distress under this section may be levied anywhere in England and Wales;
provide that such a distress shall not be deemed unlawful on account of any defect or want of form in the liability order;
provide for an appeal to a magistrates' court by any person aggrieved by the levying of, or an attempt to levy, a distress under this section;
make provision as to the powers of the court on an appeal (which may include provision as to the discharge of goods distrained or the payment of compensation in respect of goods distrained and sold).
A person who fails to comply with the requirements of— commits an offence.
an order under section 32A, or
any regulation under section 32C which is designated by the regulations for the purposes of this paragraph,
It shall be a defence for a person charged with an offence under subsection (1) to prove that the person took all reasonable steps to comply with the requirements in question.
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.
Where a liability order has been made against a person, the amount in respect of which the order was made, to the extent that it remains unpaid, shall, if a county court so orders, be recoverable by means of a third party debt order or a charging order, as if it were payable under a county court order.
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The Secretary of State may make an order under this section if it appears to the Secretary of State that a person (referred to in this section and sections 32F to 32J as “the liable person”) has failed to pay an amount of child support maintenance and—
an amount stands to the credit of an account held by the liable person with a deposit-taker; or
an amount not within paragraph (a) that is of a prescribed description is due or accruing to the liable person from another person (referred to in this section and sections 32F to 32J as the “third party”).
An order under this section—
may not be made by virtue of subsection (1)(a) in respect of an account of a prescribed description; and
may be made by virtue of subsection (1)(a) in respect of a joint account which is held by the liable person and one or more other persons, and which is not of a description prescribed under paragraph (a) of this subsection, if (but only if) regulations made by the Secretary of State so provide.
The Secretary of State may by regulations make provision as to conditions that are to be disregarded in determining whether an amount is due or accruing to the liable person for the purposes of subsection (1)(b).
An order under this section—
shall be expressed to be directed at the deposit-taker or third party in question;
if made by virtue of subsection (1)(a), shall specify the account in respect of which it is made; and
shall specify the amount of arrears of child support maintenance in respect of which the Secretary of State proposes to make an order under section 32F.
An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—
that liability for the amount would not be affected were the appeal to succeed; or
where paragraph (a) does not apply, that the making of an order under section 32F in respect of the amount would nonetheless be fair in all the circumstances.
The Secretary of State shall serve a copy of any order made under this section on—
the deposit-taker or third party at which it is directed;
the liable person; and
if the order is made in respect of a joint account, the other account-holders.
An order under this section shall come into force at the time at which it is served on the deposit-taker or third party at which it is directed.
An order under this section shall cease to be in force at the earliest of the following—
the time at which the prescribed period ends;
the time at which the order under this section lapses or is discharged; and
the time at which an order under section 32F made in pursuance of the proposal specified in the order under this section is served on the deposit-taker or third party at which that order is directed.
Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay the amount unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.
Section 34(1) does not apply to Scotland.
In Scotland, the Secretary of State may make regulations providing that where the sheriff has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the Secretary of State.
In this section “relevant information” has the same meaning as in section 34(2).
The Secretary of State may make an order under this section in pursuance of a proposal specified in an order under section 32E if—
the order in which the proposal was specified (“the interim order”) is in force;
the period prescribed for the making of representations to the Secretary of State in respect of the proposal specified in the interim order has expired; and
the Secretary of State has considered any representations made to the Secretary of State during that period.
An order under this section—
shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;
if the interim order was made by virtue of section 32E(1)(a), shall specify the account specified in the interim order; and
shall specify the amount of arrears of child support maintenance in respect of which it is made.
The amount so specified—
shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this section is made; and
if the order is made in respect of a joint account, shall not exceed the amount that appears to the Commission to be fair in all the circumstances.
In determining the amount to be specified in an order made in respect of a joint account the Secretary of State shall have particular regard—
to the amount contributed to the account by each of the account-holders; and
to such other matters as may be prescribed.
An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—
that liability for the amount would not be affected were the appeal to succeed; or
where paragraph (a) does not apply, that the making of an order under this section in respect of the amount would nonetheless be fair in all the circumstances.
The Secretary of State shall serve a copy of any order made under this section on—
the deposit-taker or third party at which it is directed;
the liable person; and
if the order is made in respect of a joint account, the other account-holders.
In Scotland, where a liability order has been made against a person, the order shall be warrant anywhere in Scotland— and shall be apt to found a Bill of Inhibition or an action of adjudication at the instance of the Secretary of State.
for the Secretary of State to charge the person to pay the appropriate amount and to recover that amount by an attachment and, in connection therewith, for the opening of shut and lockfast places;
for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,
for an inhibition.
In subsection (1) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid.
During the relevant period, an order under section 32E or 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it).
During the relevant period, any other order under section 32E or 32F shall operate as an instruction to the third party at which it is directed not to do anything that would reduce the amount due to the liable person below the amount specified in the order (or, if already below that amount, that would further reduce it).
Subsections (1) and (2) have effect subject to regulations made under section 32I(1).
In this section “the relevant period”, in relation to an order under section 32E, means the period during which the order is in force.
In this section and section 32H “the relevant period”, in relation to an order under section 32F, means the period which—
begins with the service of the order on the deposit-taker or third party at which it is directed; and
(subject to subsection (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under section 32J(5).
If an appeal is brought by virtue of the regulations, the relevant period ends at the time at which—
proceedings on the appeal (including any proceedings on a further appeal) have been concluded; and
any period during which a further appeal may ordinarily be brought has ended.
References in this section and sections 32H and 32J to the amount due to the liable person are to be read as references to the total of any amounts within section 32E(1)(b) that are due or accruing to the liable person from the third party in question.
The Secretary of State may by regulations provide for— to be enforced in Scotland as if it had been made by the sheriff.
any liability order made by a court in England and Wales; or
any corresponding order made by a court in Northern Ireland,
The power conferred on the Court of Session by section 104 of the Courts Reform (Scotland) Act 2014 (power to regulate procedure etc. in the sheriff court and Sheriff Appeal Court) shall extend to making provision for the registration in the sheriff court for enforcement of any such order as is referred to in subsection (1).
The Secretary of State may by regulations make provision for, or in connection with, the enforcement in England and Wales of— as if it had been made by a magistrates’ court in England and Wales.
any liability order made by the sheriff in Scotland; or
any corresponding order made by a court in Northern Ireland,
Regulations under subsection (3) may, in particular, make provision for the registration of any such order as is referred to in that subsection in connection with its enforcement in England and Wales.
Once the relevant period has ended, an order under section 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker—
if the amount standing to the credit of the account is less than the remaining amount, to pay to the Secretary of State the amount standing to the credit of the account; and
otherwise, to deduct from the account and pay to the Secretary of State the remaining amount.
If an amount of arrears specified in the order remains unpaid after any payment required by subsection (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker—
to pay to the Secretary of State any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and
not to do anything else that would reduce the amount standing to the credit of the account.
Once the relevant period has ended, any other order under section 32F shall operate as an instruction to the third party at which it is directed—
if the amount due to the liable person is less than the remaining amount, to pay to the Secretary of State the amount due to the liable person; and
otherwise, to deduct from the amount due to the liable person and pay to the Secretary of State the remaining amount.
If an amount of arrears specified in the order remains unpaid after any payment required by subsection (3) has been made, the order shall operate until the relevant time as an instruction to the third party—
to pay to the Secretary of State any amount (not exceeding the remaining amount) due to the liable person; and
not to do anything else that would reduce any amount due to the liable person.
This section has effect subject to regulations made under sections 32I(1) and 32J(2)(c).
In this section—
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to levy an amount by distress under this Act; or
to recover an amount by virtue of section 36,
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the liable person’s means; and
whether there has been wilful refusal or culpable neglect on his part.
If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person it may—
issue a warrant of commitment against him; or
fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as it thinks just.
Any such warrant—
shall be made in respect of an amount equal to the aggregate of—
the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and
an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of commitment; and
shall state that amount.
No warrant may be issued under this section against a person who is under the age of 18.
A warrant issued under this section shall order the liable person—
to be imprisoned for a specified period; but
to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.
The maximum period of imprisonment which may be imposed by virtue of subsection (6) shall be calculated in accordance with Schedule 4 to the Magistrates’ Courts Act 1980 (maximum periods of imprisonment in default of payment) but shall not exceed six weeks.
The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued.
A warrant issued under this section may be directed to such person or persons as the court issuing it thinks fit.
Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a warrant issued under this section against a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.
The Secretary of State may by regulations make provision—
as to the form of any warrant issued under this section;
allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;
that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts stated;
that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, a justice of the peace may issue a summons to him to appear before a magistrates’ court and (if he does not obey) may issue a warrant for his arrest;
that for the purpose of enabling such an inquiry, a justice of the peace may issue a warrant for the liable person’s arrest without issuing a summons;
as to the execution of a warrant for arrest.
This section does not apply to Scotland.
For the avoidance of doubt, it is declared that a sum payable under a liability order is a sum decerned for aliment for the purposes of the Debtors (Scotland) Act 1880 and the Civil Imprisonment (Scotland) Act 1882.
Where a liability order has been made, the Secretary of State (and he alone) shall be regarded as, and may exercise all the powers of, the creditor for the purposes of section 4 (imprisonment for failure to obey decree for alimentary debt) of the Civil Imprisonment (Scotland) Act 1882.
The Secretary of State may by regulations make provision as to circumstances in which things that would otherwise be in breach of sections 32G(1) and (2) and 32H(2)(b) and (4)(b) may be done.
Regulations under subsection (1) may require the Secretary of State’s consent to be obtained in prescribed circumstances.
Regulations under subsection (1) which require the Secretary of State’s consent to be obtained may provide for an application for that consent to be made—
by the deposit-taker or third party at which the order under section 32E or 32F is directed;
by the liable person; and
if the order is made in respect of a joint account, by any of the other account-holders.
If regulations under subsection (1) require the Secretary of State’s consent to be obtained, the Secretary of State shall by regulations provide for a person of a prescribed description to have a right of appeal to a court against the withholding of that consent.
Regulations under subsection (4) may include—
provision with respect to the period within which a right of appeal under the regulations may be exercised;
provision with respect to the powers of the court to which the appeal under the regulations lies.
This section applies where—
the Secretary of State is authorised under section 4 ... or 7 to recover child support maintenance payable by a non-resident parent in accordance with a maintenance calculation; and
the non-resident parent has failed to make one or more payments of child support maintenance due from him in accordance with that calculation.
Where the Secretary of State recovers any such arrears the Secretary of State may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if the Secretary of State is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the non-resident parent made the payment or payments of child support maintenance in question.
In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the maintenance calculation had effect from a date earlier than that on which it was made, the calculation shall be taken to have been in force at that time.
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as to the rate of interest payable by virtue of subsection (3);
as to the time at which, and person to whom, any such interest shall be payable;
as to the circumstances in which, in a case where the Secretary of State has been acting under section 6, any such interest may be retained by him;
for the Secretary of State, in a case where he has been acting under section 6 and in such circumstances as may be prescribed, to waive any such interest (or part of any such interest).
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the collection of child support maintenance;
the enforcement of any obligation to pay child support maintenance,
Any sums retained by the Secretary of State by virtue of this section shall be paid by the Secretary of State into the Consolidated Fund.
The Secretary of State may by regulations make provision with respect to orders under section 32E or 32F.
The regulations may, in particular, make provision—
as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of sections 32E, 32G and 32H;
as to the payment to the Secretary of State of sums deducted under an order under section 32F;
allowing a deposit-taker or third party at which an order under section 32F is directed to deduct from the amount standing to the credit of the account specified in the order, or due to the liable person, a prescribed amount towards its administrative costs before making any payment to the Secretary of State required by section 32H;
with respect to notifications to be given to the liable person (and, in the case of an order made in respect of a joint account, to the other account-holders) as to amounts deducted, and amounts paid, under an order under section 32F;
requiring a deposit-taker or third party at which an order under section 32E or 32F is directed to supply information of a prescribed description to the Secretary of State, or to notify the Secretary of State if a prescribed event occurs or prescribed circumstances arise;
for the variation of an order under section 32E or 32F;
for an order under section 32E or 32F to lapse in such circumstances as may be prescribed;
as to the revival of an order under section 32E or 32F in such circumstances as may be prescribed;
allowing or requiring an order under section 32E or 32F to be discharged.
Where regulations under subsection (1) make provision for the variation of an order under section 32E or 32F, the power to vary the order shall not be exercised so as to increase the amount of arrears of child support maintenance specified in the order.
The Secretary of State may by regulations make provision with respect to priority as between an order under section 32F and—
any other order under that section;
any order under any other enactment relating to England and Wales which provides for payments to be made from amounts to which the order under section 32F relates;
any diligence done in Scotland against amounts to which the order under section 32F relates.
The Secretary of State shall by regulations make provision for any person affected by an order under section 32F to have a right to appeal to a court against the making of the order.
On an appeal under regulations under subsection (5), the court shall not question the maintenance calculation by reference to which the order under section 32F was made.
Regulations under subsection (5) may include—
provision with respect to the period within which a right of appeal under the regulations may be exercised;
provision with respect to the powers of the court to which the appeal under the regulations lies.
A person who fails to comply with the requirements of— commits an offence.
an order under section 32E or 32F; or
any regulation under section 32J which is designated by the regulations for the purposes of this paragraph,
It shall be a defence for a person charged with an offence under subsection (1) to prove that the person took all reasonable steps to comply with the requirements in question.
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.
The Secretary of State may apply to the court, on the grounds that a person— for an order restraining or, in Scotland, interdicting the person from doing so.
has failed to pay an amount of child support maintenance, and
with the intention of avoiding payment of child support maintenance, is about to make a disposition or to transfer out of the jurisdiction or otherwise deal with any property,
The Secretary of State may apply to the court, on the grounds that a person— for an order setting aside or, in Scotland, reducing the disposition.
has failed to pay an amount of child support maintenance, and
with the intention of avoiding payment of child support maintenance, has at any time made a reviewable disposition,
If the court is satisfied of the grounds mentioned in subsection (1) or (2) it may make an order under that subsection.
Where the court makes an order under subsection (1) or (2) it may make such consequential provision by order or directions as it thinks fit for giving effect to the order (including provision requiring the making of any payments or the disposal of any property).
Any disposition is a reviewable disposition for the purposes of subsection (2), unless it was made for valuable or, in Scotland, adequate consideration (other than marriage or formation of civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of an intention to avoid payment of child support maintenance.
Subsection (7) applies where an application is made under this section with respect to—
a disposition or other dealing with property which is about to take place, or
a disposition which took place after the making of the application on which the maintenance calculation concerned was made.
If the court is satisfied— it is to be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of avoiding payment of child support maintenance.
in a case falling within subsection (1), that the disposition or other dealing would (apart from this section) have the consequence of making ineffective a step that has been or may be taken to recover the amount outstanding, or
in a case falling within subsection (2), that the disposition has had that consequence,
In this section “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
This section does not apply to a disposition made before the coming into force of section 24 of the Child Maintenance and Other Payments Act 2008.
In this section “the court” means—
in relation to England and Wales, the High Court or the family court;
in relation to Scotland, the Court of Session or the sheriff.
An order under this section interdicting a person—
is effective for such period (including an indefinite period) as the order may specify;
may, on application to the court, be varied or recalled.
Where the Secretary of State has sought— and that amount, or any portion of it, remains unpaid the Secretary of State may apply to the court under this section.
in England and Wales to recover an amount by virtue of section 35(1); or
to recover an amount by virtue of section 36 or 38,
An application under this section is for whichever the court considers appropriate in all the circumstances of—
the issue of a warrant committing the liable person to prison; or
an order for him to be disqualified from holding or obtaining a driving licence.
On any such application the court shall (in the presence of the liable person) inquire as to—
whether he needs a driving licence to earn his living;
his means; and
whether there has been wilful refusal or culpable neglect on his part.
The Secretary of State may make representations to the court as to whether the Secretary of State thinks it more appropriate to commit the liable person to prison or to disqualify him from holding or obtaining a driving licence; and the liable person may reply to those representations.
In this section and section 40B, “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.
In this section “the court” means—
in England and Wales, a magistrates’ court;
in Scotland, the sheriff.
The Secretary of State may apply to the court for an order under this section against a person where—
the Secretary of State has sought to recover an amount from the person by means of taking enforcement action by virtue of section 35 or 38, or by means of a third party debt order or a charging order by virtue of section 36;
the whole or any part of the amount remains unpaid; and
the Secretary of State is of the opinion that there has been wilful refusal or culpable neglect on the part of the person.
For the purposes of subsection (1)(a), the Secretary of State is to be taken to have sought to recover an amount by means of a charging order if an interim charging order has been made, whether or not any further steps have been taken to recover the amount.
A person against whom an order under this section is made is disqualified for holding or obtaining a travel authorisation while the order has effect.
On an application under subsection (1) for an order against a person the court shall (in the presence of that person) inquire as to—
whether the person needs a travel authorisation to earn a living;
the person's means;
whether there has been wilful refusal or culpable neglect on the part of the person.
If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the person, it may make an order under this section.
The court may not take action under both this section and section 40.
On an application under subsection (1) the court shall not question—
the liability order by reference to which the Secretary of State acted as mentioned in paragraph (a) of that subsection; or
the maintenance calculation by reference to which that liability order was made.
An order under this section shall specify the amount in respect of which it is made, which shall be the aggregate of—
the amount sought to be recovered as mentioned in subsection (1)(a), or so much of it as remains unpaid; and
an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under this section.
A court which makes an order under this section shall require the person to whom it relates to produce any travel authorisation that the person holds.
The court shall send to the prescribed person any travel authorisation produced to the court under subsection (9).
Where a court— it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
makes an order under this section, or
allows an appeal against such an order,
In this section “travel authorisation” means—
a United Kingdom passport (within the meaning of the Immigration Act 1971);
an ID card issued under the Identity Cards Act 2006 that records that the person to whom it has been issued is a British citizen.
In this section (except for the purposes of subsection (11)(b)) and in sections 39C to 39E, “court” means—
in relation to England and Wales, a magistrates' court;
in relation to Scotland, the sheriff.
Disqualification by an order under section 39B shall be for such period not exceeding two years as the court may specify in the order.
On making an order under section 39B, the court may include in the order provision suspending the running of the period for which the order is to have effect until such day and on such conditions (if any) as the court thinks just.
After making such an order the court may by order suspend the running of the period for which it has effect until such day and on such conditions (if any) as the court thinks just.
The powers conferred by subsections (2) and (3) may be exercised by the court only—
if the person against whom the order under section 39B is made agrees to pay the amount specified in the order; or
if the court is satisfied that the suspension in question is justified by exceptional circumstances.
The Secretary of State may make a further application under section 39B if the amount specified in an order under that section has not been paid in full by the end of the period for which the order has effect.
On making an order under section 39B the court may order the person against whom the order is made to be searched.
Any money found on such a search shall, unless the court otherwise directs, be applied towards payment of the amount specified under section 39B(8); and the balance (if any) shall be returned to the person searched.
The court shall not allow the application under subsection (2) of money found on a search under subsection (1) if it is satisfied that the money does not belong to the person searched.
If part of the amount specified in an order under section 39B is paid to any person authorised to receive it, the court may, on an application made by the Secretary of State or the person against whom the order is made, by order—
reduce the period for which the order under section 39B is to have effect; or
revoke the order under section 39B.
If the whole of the amount specified in an order under section 39B is paid to any person authorised to receive it, the court shall, on an application made by the Secretary of State or the person against whom the order is made, by order revoke the order under section 39B.
The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order under subsection (1) revoking an order under section 39B, and the person against whom the order was made may reply to those representations.
The court may exercise the powers conferred on it by subsection (1) or (2) without the need for an application where money found on a search under section 39D(1) is applied towards payment of the amount specified in the order under section 39B.
Where a court makes an order under this section, it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
The Secretary of State may by regulations—
make provision in relation to orders under section 39B corresponding to the provision that may be made under section 40(11);
make provision for sections 39C to 39E to have effect with prescribed modifications in cases where a person against whom an order under section 39B has effect is outside the United Kingdom.
In their application to Scotland, sections 39B and 39F have effect with the following modifications.
In section 39B(6) for “section 40” substitute “ section 40A ”.
For section 39F substitute—
If, but only if, the sheriff is satisfied that there has been wilful refusal or culpable neglect on the part of the liable person he may—
issue a warrant for his committal to prison; or
fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as he thinks just.
A warrant under this section—
shall be made in respect of an amount equal to the aggregate of—
the appropriate amount under section 38; and
an amount (determined in accordance with regulations made by the Secretary of State) in respect of the expenses of commitment; and
shall state that amount.
No warrant may be issued under this section against a person who is under the age of 18.
A warrant issued under this section shall order the liable person—
to be imprisoned for a specified period; but
to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.
The maximum period of imprisonment which may be imposed by virtue of subsection (4) is six weeks.
The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued.
A warrant issued under this section may be directed to such person as the sheriff thinks fit.
The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make provision—
as to the form of any warrant issued under this section;
allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;
that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be sufficient evidence of the facts stated;
that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, the sheriff may issue a citation to him to appear before the sheriff and (if he does not obey) may issue a warrant for his arrest;
that for the purpose of enabling such an inquiry, the sheriff may issue a warrant for the liable person’s arrest without issuing a citation;
as to the execution of a warrant of arrest.
If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person, it may—
order him to be disqualified, for such period specified in the order but not exceeding two years as it thinks fit, from holding or obtaining a driving licence (a “disqualification order”); or
make a disqualification order but suspend its operation until such time and on such conditions (if any) as it thinks just.
The court may not take action under both section 40 and this section.
A disqualification order must state the amount in respect of which it is made, which is to be the aggregate of—
the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and
an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under section 39A.
A court which makes a disqualification order shall require the person to whom it relates to produce any driving licence held by him, ...
On an application by the Secretary of State or the liable person, the court—
may make an order substituting a shorter period of disqualification, or make an order revoking the disqualification order, if part of the amount referred to in subsection (3) (the “amount due”) is paid to any person authorised to receive it; and
must make an order revoking the disqualification order if all of the amount due is so paid.
The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order revoking the disqualification order under subsection (5)(a), and the person liable may reply to those representations.
The Secretary of State may make a further application under section 39A if the amount due has not been paid in full when the period of disqualification specified in the disqualification order expires.
Where a court— it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
makes a disqualification order;
makes an order under subsection (5); or
allows an appeal against a disqualification order,
Where a court makes a disqualification order, it shall also send the driving licence ... , on its being produced to the court, to the Secretary of State at such address as the Secretary of State may determine.
Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a disqualification order under this section in relation to a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.
The Secretary of State may by regulations make provision in relation to disqualification orders corresponding to the provision he may make under section 40(11).
In the application to Scotland of this section—
in subsection (2) for “section 40” substitute “section 40A”;
in subsection (3) for paragraph (a) substitute—;
subsection (10) is omitted; and
for subsection (11) substitute—
The Secretary of State may by regulations make provision for the payment to the Secretary of State by non-resident parents who are in arrears with payments of child support maintenance of penalty payments determined in accordance with the regulations.
The amount of a penalty payment in respect of any week may not exceed 25% of the amount of child support maintenance payable for that week, but otherwise is to be determined by the Secretary of State.
The liability of a non-resident parent to make a penalty payment does not affect his liability to pay the arrears of child support maintenance concerned.
Regulations under subsection (1) may, in particular, make provision—
as to the time at which a penalty payment is to be payable;
for the Secretary of State to waive a penalty payment, or part of it.
The provisions of this Act with respect to— apply equally (with any necessary modifications) to penalty payments payable by virtue of regulations under this section.
the collection of child support maintenance;
the enforcement of an obligation to pay child support maintenance,
The Secretary of State shall pay penalty payments received by the Secretary of State into the Consolidated Fund.
This section applies where it appears to the Secretary of State that a non-resident parent has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that—
it would not be possible for the non-resident parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a maintenance calculation; or
it would be inappropriate to rely on an adjustment of the amount payable under a maintenance calculation as the means of enabling the non-resident parent to recover the amount of the overpayment.
This section also applies where the non-resident parent has made a voluntary payment and it appears to the Secretary of State— and, in a case falling within paragraph (b), it also appears to the Secretary of State that subsection (1)(a) or (b) applies.
that he is not liable to pay child support maintenance; or
that he is liable, but some or all of the payment amounts to an overpayment,
The Secretary of State may make such payment to the non-resident parent by way of reimbursement, or partial reimbursement, of the overpayment as the Secretary of State considers appropriate.
Where the Secretary of State has made a payment under this section the Secretary of State may, in such circumstances as may be prescribed, require the relevant person to pay to the Secretary of State the whole, or a specified proportion, of the amount of that payment.
Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Secretary of State wishes to recover from him.
Any sum which a person is required to pay to the Secretary of State under this section shall be recoverable from him by the Secretary of State as a debt due to the Crown.
The Secretary of State may by regulations make provision in relation to any case in which—
one or more overpayments of child support maintenance are being reimbursed to the Secretary of State by the relevant person; and
child support maintenance has continued to be payable by the non-resident parent concerned to the person with care concerned, or again becomes so payable.
For the purposes of this section— shall be treated as an overpayment of child support maintenance made by a non-resident parent.
a payment made by a person under a maintenance calculation which was not validly made; and
a voluntary payment made in the circumstances set out in subsection (1A)(a),
In this section “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made.
Any sum recovered by the Secretary of State under this section shall be paid by the Secretary of State into the Consolidated Fund.
The Secretary of State may by regulations—
make provision enabling the Secretary of State in prescribed circumstances to set off liabilities to pay child support maintenance to which this section applies;
make provision enabling the Secretary of State in prescribed circumstances to set off against a person's liability to pay child support maintenance to which this section applies a payment made by the person which is of a prescribed description.
Liability to pay child support maintenance shall be treated as satisfied to the extent that it is the subject of setting off under regulations under subsection (1).
In subsection (1), the references to child support maintenance to which this section applies are to child support maintenance for the collection of which the Secretary of State is authorised to make arrangements.
The Secretary of State may, in relation to any arrears of child support maintenance, accept payment of part in satisfaction of liability for the whole.
The Secretary of State must by regulations make provision with respect to the exercise of the power under subsection (1).
The regulations must provide that unless one of the conditions in subsection (4) is satisfied the Secretary of State may not exercise the power under subsection (1) without the appropriate consent.
The conditions are—
that the Secretary of State would be entitled to retain the whole of the arrears under section 41(2) if Secretary of State recovered them;
that the Secretary of State would be entitled to retain part of the arrears under section 41(2) if Secretary of State recovered them, and the part of the arrears that the Secretary of State would not be entitled to retain is equal to or less than the payment accepted under subsection (1).
Unless the maintenance calculation was made under section 7, the appropriate consent is the written consent of the person with care with respect to whom the maintenance calculation was made.
If the maintenance calculation was made under section 7, the appropriate consent is—
the written consent of the child who made the application under section 7(1), and
if subsection (7) applies, the written consent of the person with care of that child.
This subsection applies if—
the maintenance calculation was made under section 7(2), or
the Secretary of State has made arrangements under section 7(3) on the application of the person with care.
The Secretary of State may extinguish liability in respect of arrears of child support maintenance if it appears to the Secretary of State—
that the circumstances of the case are of a description specified in regulations made by the Secretary of State, and
that it would be unfair or otherwise inappropriate to enforce liability in respect of the arrears.
The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).
This section applies where—
a decision by the Secretary of State falls to be made under section 11, 12, 16 or 17 ... ; and
an appeal is pending against a decision given in relation to a different matter by the Upper Tribunal or a court.
If the Secretary of State considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—
the Secretary of State need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;
the Secretary of State may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
Where the Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal the Secretary of State shall if appropriate revise the decision (under section 16) in accordance with that determination.
For the purposes of this section, an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for leave to appeal against the decision has been made but not determined; or
in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—
an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
This section applies where—
an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and
an appeal (“appeal B”) is pending against a decision given in a different case by the Upper Tribunal or a court.
If the Secretary of State considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, the Secretary of State may serve notice requiring the First-tier Tribunal or Upper Tribunal—
not to determine appeal A but to refer it to the Secretary of State; or
to deal with the appeal in accordance with subsection (4).
Where appeal A is referred to the Secretary of State under subsection (2)(a), following the determination of appeal B and in accordance with that determination, the Secretary of State shall if appropriate—
in a case where appeal A has not been determined by the First-tier Tribunal, revise (under section 16) the decision which gave rise to that appeal; or
in a case where appeal A has been determined by the First-tier Tribunal, make a decision (under section 17) superseding the tribunal’s decision.
Where appeal A is to be dealt with in accordance with this subsection, the First-tier Tribunal or Upper Tribunal shall either—
stay appeal A until appeal B is determined; or
if the First-tier Tribunal or Upper Tribunal considers it to be in the interests of the appellant to do so, determine appeal A as if—
appeal B had already been determined; and
the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant. In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision or the imposition of the requirement mentioned in subsection (1)(a).
Where the First-tier Tribunal or Upper Tribunal acts in accordance with subsection (4)(b), following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the First-tier Tribunal or Upper Tribunal in accordance with that determination.
For the purposes of this section, an appeal against a decision is pending if—
an appeal against the decision has been brought but not determined;
an application for leave to appeal against the decision has been made but not determined; or
in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
In this section—
the reference in subsection (1)(a) to an appeal to the Upper Tribunal includes a reference to an application for leave to appeal to the Upper Tribunal; and
any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—
an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
Regulations may make provision supplementing that made by this section.
Subject to subsection (2), this section applies where—
the effect of the determination, whenever made, of an appeal to the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and
after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)—
with respect to an application for a maintenance calculation (made after the commencement date) ... ;
as to whether to revise, under section 16, any decision (made after the commencement date) referred to in section 16(1A); or
on an application under section 17 (made after the commencement date) for any decision (made after the commencement date) referred to in section 17(1).
This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b)—
is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or
is one made in pursuance of section 28ZB(3) or (5).
In so far as the decision relates to a person’s liability ... in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law.
Subsection (1)(a) shall be read as including a case where—
the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
It is immaterial for the purposes of subsection (1)— whether the application was made before or after the date of the relevant determination.
where such a decision as is mentioned in paragraph (b)(i) falls to be made; or
where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,
In this section—
“the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and
The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.
Regulations made under subsection (7) may include provision—
for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or the Upper Tribunal; or
for a determination of a lower court or the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.
Regulations may make provision with respect to—
the correction of accidental errors in any decision of the Secretary of State or record of a decision of the Secretary of State given under this Act; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in subsection (1) shall be construed as derogating from any power to correct errors ... which is exercisable apart from regulations made by virtue of that subsection.
The Secretary of State may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Act.
Those regulations may, for example, provide for the following to be special cases—
each parent of a child is a non-resident parent in relation to the child;
there is more than one person who is a person with care in relation to the same child;
there is more than one qualifying child in relation to the same non-resident parent but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;
a person is a non-resident parent in relation to more than one child and the other parent of each of those children is not the same person;
the person with care has care of more than one qualifying child and there is more than one non-resident parent in relation to those children;
a qualifying child has his home in two or more separate households;
the same persons are the parents of two or more children and each parent is—
a non-resident parent in relation to one or more of the children, and
a person with care in relation to one or more of the children.
The Secretary of State may by regulations make provision with respect to special cases.
Regulations made under subsection (3) may, in particular—
modify any provision made by or under this Act, in its application to any special case or any special case falling within a prescribed category;
make new provision for any such case; or
provide for any prescribed provision made by or under this Act not to apply to any such case.
The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.
by virtue of paragraph 5(4) of Schedule 1, an absent parent is taken for the purposes of that Schedule to have no assessable income; and
such conditions as may be prescribed for the purposes of this section are satisfied.
The reference in subsection (1) to the making of payments in respect of child support maintenance includes the recovery of—
arrears of child support maintenance, and
fees payable under section 6 of the Child Maintenance and Other Payments Act 2008.
For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows’ pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation)).
The Secretary of State may by regulations make provision for the recovery from the estate of a deceased person of arrears of child support maintenance for which the deceased person was liable immediately before death.
Regulations under subsection (1) may, in particular—
make provision for arrears of child support maintenance for which a deceased person was so liable to be a debt payable by the deceased's executor or administrator out of the deceased's estate to the Secretary of State;
make provision for establishing the amount of any such arrears;
make provision about procedure in relation to claims under the regulations.
Regulations under subsection (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.
Where an application for a maintenance calculation is made under section 4 or 7 ... the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned may apply to the Secretary of State for the rules by which the calculation is made to be varied in accordance with this Act.
Such an application is referred to in this Act as an “application for a variation”.
An application for a variation may be made at any time before the Secretary of State has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation ... .
A person who applies for a variation—
need not make the application in writing unless the Secretary of State directs in any case that he must; and
must say upon what grounds the application is made.
In other respects an application for a variation is to be made in such manner as may be prescribed.
Schedule 4A has effect in relation to applications for a variation.
Where an application for a variation has been duly made to the Secretary of State, the Secretary of State may give it a preliminary consideration.
The Secretary of State may on completing such a preliminary consideration, reject the application (and proceed to make a decision on the application for a maintenance calculation without any variation) if it appears to the Secretary of State—
that there are no grounds on which a variation could be agreed to;
that the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11 (apart from any information needed in relation to the application for a variation), and therefore that the Secretary of State’s decision would be made under section 12(1); or
that other prescribed circumstances apply.
Where— the Secretary of State may also, if the Secretary of State has completed a preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).
an application for a variation is made by the non-resident parent; and
the Secretary of State makes an interim maintenance decision,
The conditions are that—
the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;
the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.
Where the Secretary of State imposes a regular payments condition, the Secretary of State shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—
the non-resident parent;
all the persons with care concerned; and
if the application for the maintenance calculation was made under section 7, the child who made the application.
A regular payments condition shall cease to have effect—
when the Secretary of State has made a decision on the application for a maintenance calculation under section 11 (whether the Secretary of State agrees to a variation or not);
on the withdrawal of the application for a variation.
Where a non-resident parent has failed to comply with a regular payments condition, the Secretary of State may in prescribed circumstances refuse to consider the application for a variation, and instead reach a decision under section 11 as if no such application had been made.
The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the Secretary of State.
Where the Secretary of State determines that a non-resident parent has failed to comply with a regular payments condition the Secretary of State shall give written notice of the determination to—
that parent;
all the persons with care concerned; and
if the application for the maintenance calculation was made under section 7, the child who made the application.
Where an application for a variation has not failed, the Secretary of State shall, in accordance with the relevant provisions of, or made under, this Act—
either agree or not to a variation, and make a decision under section 11 or 12(1); or
refer the application to the First-tier Tribunal for the tribunal to determine what variation, if any, is to be made.
For the purposes of subsection (1), an application for a variation has failed if—
it has ... been withdrawn; or
the Secretary of State has rejected it on completing a preliminary consideration under section 28B; or
the Secretary of State has refused to consider it under section 28C(5).
Subsection (2B) applies if—
the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and
it appears to the Secretary of State that consideration of further information or evidence may affect the decision under subsection (1)(a) whether or not to agree to a variation.
Before making the decision under subsection (1)(a) the Secretary of State must—
consider any such further information or evidence that is available to the Secretary of State, and
where necessary, take such steps as the Secretary of State considers appropriate to obtain any such further information or evidence.
In dealing with an application for a variation which has been referred to it under subsection (1)(b), the First-tier Tribunal shall have the same powers, and be subject to the same duties, apart from the duty under subsection (2B), as would the Secretary of State in dealing with the application.
In determining whether to agree to a variation, the Secretary of State shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.
The general principles are that—
parents should be responsible for maintaining their children whenever they can afford to do so;
where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.
In determining whether to agree to a variation, the Secretary of State shall take into account any representations made to the Secretary of State—
by the person with care or non-resident parent concerned; or
where the application for the current calculation was made under section 7, by either of them or the child concerned.
In determining whether to agree to a variation, no account shall be taken of the fact that—
any part of the income of the person with care concerned is, or would be if the Secretary of State agreed to a variation, derived from any benefit; or
some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.
In this section “benefit” has such meaning as may be prescribed.
The Secretary of State may agree to a variation if—
the Secretary of State is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and
it is the Secretary of State’s opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.
In considering whether it would be just and equitable in any case to agree to a variation, the Secretary of State—
must have regard, in particular, to the welfare of any child likely to be affected if the Secretary of State did agree to a variation; and
must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.
The Secretary of State shall not agree to a variation (and shall proceed to make a decision on the application for a maintenance calculation without any variation) if ... satisfied that—
the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that the decision would be made under section 12(1); or
other prescribed circumstances apply.
Where the Secretary of State agrees to a variation, the Secretary of State shall—
determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation ... ; and
make a decision under section 11 on that basis.
If the Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by the Secretary of State’s decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.
In determining whether or not to agree to a variation, the Secretary of State shall comply with regulations made under Part II of Schedule 4B.
An application for a variation may also be made when a maintenance calculation is in force.
The Secretary of State may by regulations provide for— to apply with prescribed modifications in relation to such applications.
sections 16, 17 and 20; and
sections 28A to 28F and Schedules 4A and 4B,
The Secretary of State may by regulations provide that, in prescribed cases (or except in prescribed cases), a decision under section 17 made otherwise than pursuant to an application for a variation may be made on the basis of a variation agreed to for the purposes of an earlier decision without a new application for a variation having to be made.
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The Secretary of State shall have jurisdiction to make a maintenance calculation with respect to a person who is— only if that person is habitually resident in the United Kingdom, except in the case of a non-resident parent who falls within subsection (2A).
a person with care;
a non-resident parent; or
a qualifying child,
Where the person with care is not an individual, subsection (1) shall have effect as if paragraph (a) were omitted.
A non-resident parent falls within this subsection if he is not habitually resident in the United Kingdom, but is—
employed in the civil service of the Crown, including Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996;
employed by a company of a prescribed description registered under the Companies Act 2006; or
employed by a body of a prescribed description.
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the person with care, absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom;
in a case falling within subsection (2), the absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom; or
in such circumstances as may be prescribed, a maintenance order of a prescribed kind is made with respect to any qualifying child with respect to whom the maintenance assessment was made.
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The Lord Chancellor or, in relation to Scotland, the Lord Advocate may by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order—
shall be made to a court instead of being made to the First-tier Tribunal; or
shall be so made in such circumstances as may be so specified.
In subsection (1), “court” means—
in relation to England and Wales, the High Court or the family court; and
in relation to Scotland, the Court of Session or the sheriff.
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Any order under subsection (1) ... may make— as the Minister making the order considers appropriate in consequence of any provision made by the order.
such modifications of any provision of this Act or of any other enactment; and
such transitional provision,
The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
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This section applies where any person (“the parent”)—
fails to comply with a requirement imposed on her by the Secretary of State under section 6(1); or
fails to comply with any regulation made under section 6(9).
A child support officer may serve written notice on the parent requiring her, before the end of the specified period, either to comply or to give him her reasons for failing to do so.
When the specified period has expired, the child support officer shall consider whether, having regard to any reasons given by the parent, there are reasonable grounds for believing that, if she were to be required to comply, there would be a risk of her or of any children living with her suffering harm or undue distress as a result of complying.
If the child support officer considers that there are such reasonable grounds, he shall—
take no further action under this section in relation to the failure in question; and
notify the parent, in writing, accordingly.
If the child support officer considers that there are no such reasonable grounds, he may give a reduced benefit direction with respect to the parent.
Where the child support officer gives a reduced benefit direction he shall send a copy of it to the parent.
Any person who is aggrieved by a decision of a child support officer to give a reduced benefit direction may appeal to a child support appeal tribunal against that decision.
Sections 20(2) to (4) and 21 shall apply in relation to appeals under subsection (7) as they apply in relation to appeals under section 20.
A reduced benefit direction shall take effect on such date as may be specified in the direction.
Reasons given in response to a notice under subsection (2) may be given either in writing or orally.
In this section—
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“the remaining amount”, in relation to any time, means the amount of arrears specified in the order under section 32F which remains unpaid at that time.
“inspector” means an inspector appointed under this section;
Subject to the provisions of this Act and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision of ... the Secretary of State or the First-tier Tribunal made in accordance with the foregoing provisions of this Act shall be final.
If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—
further such decisions;
decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and
decisions made under the Vaccine Damage Payments Act 1979.
The Secretary of State may by regulations provide for the payment, by the non-resident parent or the person with care (or by both), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 4 or 6.
The Secretary of State may by regulations provide for the payment, by the non-resident parent, the person with care or the child concerned (or by any or all of them), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 7.
Regulations made under this section—
may require any information which is needed for the purpose of determining the amount of any such fee to be furnished, in accordance with the regulations, by such person as may be prescribed;
shall provide that no such fees shall be payable by any person to or in respect of whom income support, an income-based jobseeker’s allowance, any element of child tax credit other than the family element, working tax credit or any other benefit of a prescribed kind is paid; and
may, in particular, make provision with respect to the recovery by the Secretary of State of any fees payable under the regulations.
The provisions of this Act with respect to— shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section.
the collection of child support maintenance;
the enforcement of any obligation to pay child support maintenance,
Regulations may make provision as respects matters arising pending—
any decision of the Secretary of State under section 11, 12 or 17;
any decision of the First-tier Tribunal under section 20; or
any decision of the Upper Tribunal in relation to a decision of the First-tier Tribunal under this Act.
Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).
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Any officer of the Secretary of State who is authorised by the Secretary of State for the purposes of this section shall have, in relation to any proceedings under this Act before the family court or a magistrates’ court, a right of audience and the right to conduct litigation.
In this section “right of audience” and “right to conduct litigation” have the same meaning as in section 119 of the Courts and Legal Services Act 1990.
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Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—
was acquired by him in the course of that employment; and
relates to a particular person.
Subsection (1) applies to employment as— and to employment of any other kind which is prescribed for the purposes of this subsection.
any member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 in connection with the carrying out of any functions in relation to appeals from decisions made under this Act;
any clerk to, or other officer of, an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998;
any member of the staff of any such appeal tribunal;
a civil servant in connection with the carrying out of any functions under this Act;
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any person who provides, or is employed in the provision of, services to the Secretary of State,
It is not an offence under this section—
to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or
to disclose information which has previously been disclosed to the public with lawful authority.
Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—
was acquired by him in the course of that employment;
is information which is, or is derived from, information acquired or held for the purposes of this Act; and
relates to a particular person.
It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—
he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
Subsection (1B) applies to any employment which—
is not employment to which subsection (1) applies, and
is of a kind prescribed for the purposes of this subsection.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
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the Chief Child Support Officer;
any other child support officer;
any clerk to, or other officer of, a child support appeal tribunal;
any member of the staff of such a tribunal;
a civil servant in connection with the carrying out of any functions under this Act,
For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made—
by a civil servant in accordance with his official duty; or
by any other person either—
for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the responsible person; or
to, or in accordance with an authorisation duly given by, the responsible person;
in accordance with any enactment or order of a court;
for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person mentioned in this Act; or
with the consent of the appropriate person.
“The responsible person” means—
the Lord Chancellor;
the Secretary of State;
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any person authorised for the purposes of this subsection by the Lord Chancellor or the Secretary of State;
any other prescribed person, or person falling within a prescribed category.
“The appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with— the appropriate person is the attorney or custodian (as the case may be) or, in a case falling within paragraph (a), the person to whom the information relates.
under a power of attorney; or
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by a Scottish mental health custodian, that is to say a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4); ...
a curator bonis, tutor or judicial factor; or
the managers of a hospital acting on behalf of that person under section 94 of the Mental Health (Scotland) Act 1984; or
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a person directed or authorised as mentioned in sub-paragraph (a) of rule 41(1) of the Court of Protection Rules 1984; or
a receiver ad interim appointed under sub-paragraph (b) of that rule;
Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is— with power in that respect.
a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or
a deputy appointed for him, or any other person authorised, by the Court of Protection,
The Secretary of State may by regulations make such incidental, supplemental and transitional provision as he considers appropriate in connection with any provision made by or under this Act.
The regulations may, in particular, make provision—
as to the procedure to be followed with respect to—
the making of applications for maintenance calculations;
the making of decisions under section 11;
the making of decisions under section 16 or 17;
extending the categories of case to which section 16, 17 or 20 applies;
as to the date on which an application for a maintenance calculation is to be treated as having been made;
for attributing payments made under maintenance calculations to the payment of arrears;
for the adjustment, for the purpose of taking account of the retrospective effect of a maintenance calculation, of amounts payable under the calculation;
for the adjustment, for the purpose of taking account of over-payments or under-payments of child support maintenance, of amounts payable under a maintenance calculation;
as to the evidence which is to be required in connection with such matters as may be prescribed;
as to the circumstances in which any official record or certificate is to be conclusive (or in Scotland, sufficient) evidence;
with respect to the giving of notices or other documents;
for the rounding up or down of any amounts calculated, estimated or otherwise arrived at in applying any provision made by or under this Act.
No power to make regulations conferred by any other provision of this Act shall be taken to limit the powers given to the Secretary of State by this section.
Subject to subsection (3), the Secretary of State may supply qualifying information to a credit reference agency for use for the purpose of furnishing information relevant to the financial standing of individuals.
The reference in subsection (1) to qualifying information is to information which—
is held by the Secretary of State for the purposes of this Act,
relates to a person who is liable to pay child support maintenance, and
is of a prescribed description.
Information may not be supplied under subsection (1) without the consent of the person to whom it relates, unless a liability order against that person is in force.
No provision may be made under section 14(3) authorising the supply of information by the Secretary of State to credit reference agencies.
In this section, “credit reference agency” has the same meaning as in the Consumer Credit Act 1974.
Any power conferred on ... the Lord Advocate or the Secretary of State by this Act to make regulations or orders (other than a deduction from earnings order) shall be exercisable by statutory instrument.
No statutory instrument containing (whether alone or with other provisions) regulations made under— or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
section ... 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)) 20(2A), 20(3A), 28C(2)(b), 28F(2)(b), 30(5A), 32A to 32C, 32E to 32J, 41(2), 41A, 41B(6), 41E(1)(a), 43(1), 44(2A)(d) ... or 47;
paragraph 3(2) or 10A(1) of Part I of Schedule 1; or
Schedule 4B,
No statutory instrument containing (whether alone or with other provisions)— shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
the first regulations under section 17(2) to make provision of the kind mentioned in section 17(3)(a) or (b),
the first regulations under section 39F, 39M(4), 39P, 39Q, 41D(2), 41E(2) or 49A,
the first regulations under paragraph 5A(6)(b) of Schedule 1,
the first regulations under paragraph 9(1)(ba) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2) of that paragraph, or
the first regulations under paragraph 10(1) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2)(a) or (b) of that paragraph,
Any other statutory instrument made under this Act (except an order made under section 58(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
No statutory instrument containing (whether alone or with other provisions) regulations which by virtue of section 51A are to have effect for a limited period shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Any power of a kind mentioned in subsection (1) 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 to provide for a person to exercise a discretion in dealing with any matter.
Any expenses of the Lord Chancellor or the Secretary of State under this Act shall be payable out of money provided by Parliament.
Any decision falling to be made under or by virtue of this Act by the Secretary of State may be made, not only by a person authorised to exercise the Secretary of State’s decision-making function, but also by a computer for whose operation such a person is responsible.
In this Act—
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The definition of “deposit-taker” in subsection (1) is to be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
“recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this section as being, or as comparable to, a university, college or school.
In this Act, “child” means (subject to subsection (2)) a person who—
has not attained the age of 16, or
has not attained the age of 20 and satisfies such conditions as may be prescribed.
by attendance at a recognised educational establishment; or
elsewhere, if the education is recognised by the Secretary of State; or
he does not fall within paragraph (a) or (b) but—
he is under the age of 18, and
prescribed conditions are satisfied with respect to him.
A person who is or has been party to a marriage or civil partnership is not a child for the purposes of this Act.
is or has been married;
has celebrated a marriage which is void; or
has celebrated a marriage in respect of which a decree of nullity has been granted.
For the purposes of subsection (2), “marriage” and “civil partnership” include a void marriage and a void civil partnership respectively.
Where a person has reached the age of 16, the Secretary of State may recognise education provided for him otherwise than at a recognised educational establishment only if the Secretary of State is satisfied that education was being so provided for him immediately before he reached the age of 16.
The Secretary of State may provide that in prescribed circumstances education is or is not to be treated for the purposes of this section as being full-time.
In determining whether a person falls within subsection (1)(b), no account shall be taken of such interruptions in his education as may be prescribed.
The Secretary of State may by regulations provide that a person who ceases to fall within subsection (1) shall be treated as continuing to fall within that subsection for a prescribed period.
No person shall be treated as continuing to fall within subsection (1) by virtue of regulations made under subsection (7) after the end of the week in which he reaches the age of 19.
Any regulations made under this Act may be made so as to have effect for a specified period not exceeding 24 months.
Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.
A pilot scheme may provide that its provisions are to apply only in relation to—
one or more specified areas or localities;
one or more specified classes of person;
persons selected by reference to prescribed criteria, or on a sampling basis.
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
This section does not apply to regulations under—
subsection (2A) of section 20 as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000;
subsection (3A) of section 20 as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000.
An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of the provisions of this Act, other than provisions which relate to the appointment of Child Support Commissioners for Northern Ireland—
shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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the provision made by or under this Act (“the provision made for Great Britain”); and
the provision made by or under any corresponding enactment having effect with respect to Northern Ireland (“the provision made for Northern Ireland”),
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adapt legislation (including subordinate legislation) for the time being in force in Great Britain so as to secure its reciprocal operation with the provision made for Northern Ireland; and
make provision to secure that acts, omissions and events which have any effect for the purposes of the provision made for Northern Ireland have a corresponding effect for the purposes of the provision made for Great Britain.
The power of the Secretary of State to make regulations under section 14 requiring prescribed persons to furnish information may be exercised so as to require information to be furnished by persons employed in the service of the Crown or otherwise in the discharge of Crown functions.
In such circumstances, and subject to such conditions, as may be prescribed, an inspector appointed under section 15 may enter any Crown premises for the purpose of exercising any powers conferred on him by that section.
Where such an inspector duly enters any Crown premises for those purposes, section 15 shall apply in relation to persons employed in the service of the Crown or otherwise in the discharge of Crown functions as it applies in relation to other persons.
Where a liable person is in the employment of the Crown, a deduction from earnings order may be made under section 31 in relation to that person; but in such a case subsection (8) of section 32 shall apply only in relation to the failure of that person to comply with any requirement imposed on him by regulations made under section 32.
This Act may be cited as the Child Support Act 1991.
Section 56(1) and subsections (1) to (11) and (14) of this section shall come into force on the passing of this Act but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor, the Secretary of State or Lord Advocate, or by any of them acting jointly.
Different dates may be appointed for different provisions of this Act and for different purposes (including, in particular, for different cases or categories of case).
An order under subsection (2) may make such supplemental, incidental or transitional provision as appears to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including such adaptations or modifications of— as appear to him to be necessary or expedient.
the provisions so brought into force;
any provisions of this Act then in force; or
any provision of any other enactment,
Different provision may be made by virtue of subsection (4) with respect to different periods.
Any provision made by virtue of subsection (4) may, in particular, include provision for— In paragraph (c) “court” includes a single justice.
the enforcement of a maintenance calculation (including the collection of sums payable under the calculation) as if the calculation were a court order of a prescribed kind;
the registration of maintenance calculations with the appropriate court in connection with any provision of a kind mentioned in paragraph (a);
the variation, on application made to a court, of the provisions of a maintenance calculation relating to the method of making payments fixed by the calculation or the intervals at which such payments are to be made;
a maintenance calculation, or an order of a prescribed kind relating to one or more children, to be deemed, in prescribed circumstances, to have been validly made for all purposes or for such purposes as may be prescribed.
The Lord Chancellor, the Secretary of State or the Lord Advocate may by order make such amendments or repeals in, or such modifications of, such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision made by or under this Act (including any provision made by virtue of subsection (4)).
This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
Sections 27, 35, 40 and 48 and paragraph 7 of Schedule 5 do not extend to Scotland.
Sections 7, 28, 40A and 49 extend only to Scotland.
With the exception of sections 23 and 56(1), subsections (1) to (3) of this section and Schedules 2 and 4, and (in so far as it amends any enactment extending to Northern Ireland) Schedule 5, this Act does not extend to Northern Ireland.
Until Schedule 1 to the Disability Living Allowance and Disability Working Allowance Act 1991 comes into force, paragraph 1(1) of Schedule 3 shall have effect with the omission of the words “and disability appeal tribunals” and the insertion, after “social security appeal tribunals”, of the word “ and ”.
The consequential amendments set out in Schedule 5 shall have effect.
In Schedule 1 to the Children Act 1989 (financial provision for children), paragraph 2(6)(b) (which is spent) is hereby repealed.
This section applies where—
a person has applied for a maintenance calculation under section 4(1) or 7(1) ... ;
the Secretary of State has neither made a decision under section 11 or 12 on the application, nor decided not to make a maintenance calculation; and
the non-resident parent makes a voluntary payment.
A “voluntary payment” is a payment—
on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the Secretary of State has agreed to give); and
made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the Secretary of State has notified the non-resident parent that the Secretary of State has decided not to make a maintenance calculation.
In such circumstances and to such extent as may be prescribed—
the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;
the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.
A voluntary payment shall be made to the Secretary of State unless the Secretary of State agrees, on such conditions as the Secretary of State may specify, that it may be made to the person with care, or to or through another person.
The Secretary of State may by regulations make provision as to voluntary payments, and the regulations may in particular—
prescribe what payments or descriptions of payment are, or are not, to count as “voluntary payments”;
prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.
Section 11.
Subject to paragraph 5A, the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies. Unless the nil rate applies, the amount payable weekly to a person with care is— as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.
Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income— 12% where the non-resident parent has one qualifying child; 16% where the non-resident parent has two qualifying children; 19% where the non-resident parent has three or more qualifying children. If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder— 9% where the non-resident parent has one qualifying child; 12% where the non-resident parent has two qualifying children; 15% where the non-resident parent has three or more qualifying children. If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage— 11% where the non-resident parent has one relevant other child; 14% where the non-resident parent has two relevant other children; 16% where the non-resident parent has three or more relevant other children.
A reduced rate is payable if— The reduced rate payable shall be prescribed in, or determined in accordance with, regulations. The regulations may not prescribe, or result in, a rate of less than £7.
Except in a case falling within sub-paragraph (2), a flat rate of £7 is payable if the nil rate does not apply and— A flat rate of a prescribed amount is payable if the nil rate does not apply and— The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include ones paid to the non-resident parent under the law of a place outside the United Kingdom.
The rate payable is nil if the non-resident parent—
is of a prescribed description; or
has a gross weekly income of below £7.
This paragraph applies where— The weekly rate of child support maintenance is the greater of £7 and the amount found as follows. First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement. Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation. Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent. For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is— and the child is habitually resident in the United Kingdom.
If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care. The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.
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. If the care of a qualifying child is, or is to be, shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs of this Part of this Schedule, is to be decreased in accordance with this paragraph. First, there is to be a decrease according to the number of such nights which the Secretary of State determines there to have been, or expects there to be, or both during a prescribed twelve-month period. The amount of that decrease for one child is set out in the following Table— Number of nights Fraction to subtract 52 to 103 One-seventh 104 to 155 Two-sevenths 156 to 174 Three-sevenths 175 or more One-half If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children. If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child. If the application of the preceding provisions of this paragraph would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than £7, he is instead liable to pay child support maintenance at the rate of £7 a week, apportioned (if appropriate) in accordance with paragraph 6.
This paragraph applies only if— If the care of a qualifying child is, or is to be, shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed 12-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.
as to the costs which are to be treated as housing costs for the purpose of the regulations;
for the apportionment of housing costs; and
for the amount of housing costs to be taken into account for prescribed purposes not to exceed such amount (if any) as may be prescribed by, or determined in accordance with, the regulations.
The Secretary of State may by regulations provide— Regulations under sub-paragraph (1)(ba) may include provision enabling the Secretary of State to proceed for a prescribed period on the basis of a prescribed assumption.
income of a child shall be treated as income of a parent of his;
where the child support officer concerned is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his assessable income, his net income shall be taken to include income from that source of an amount estimated by the child support officer;
a person is to be treated as possessing capital or income which he does not possess;
capital or income which a person does possess is to be disregarded;
income is to be treated as capital;
capital is to be treated as income.
For the purposes of this Schedule, gross weekly income is to be determined in such manner as is provided for in regulations. The regulations may, in particular— Any amount of gross weekly income (calculated as above) over £3,000 is to be ignored for the purposes of this Schedule.
The Secretary of State may by regulations provide that— The Secretary of State may by regulations provide that—
The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—
where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his gross weekly income, his gross weekly income shall be taken to include income from that source of an amount estimated by the Secretary of State;
a person is to be treated as possessing income which he does not possess;
income which a person does possess is to be disregarded.
References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made or with respect to whom a maintenance calculation in respect of the non-resident parent has effect. References in this Part of this Schedule to “relevant other children” are to— In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week. In this Part of this Schedule, a person’s “partner” is— In sub-paragraph (4)(a), “couple” means— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A maintenance calculation shall take effect on such date as may be determined in accordance with regulations made by the Secretary of State. That date may be earlier than the date on which the calculation is made.
Every maintenance calculation shall be made in such form and contain such information as the Secretary of State may direct.
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The Secretary of State may by regulations provide—
for two or more applications for maintenance calculations to be treated, in prescribed circumstances, as a single application; and
for the replacement, in prescribed circumstances, of a maintenance calculation made on the application of one person by a later maintenance calculation made on the application of that or any other person.
Where the Secretary of State is satisfied that the circumstances of a case require different amounts of child support maintenance to be assessed in respect of different periods, the Secretary of State may make separate maintenance calculations each expressed to have effect in relation to a different specified period.
A maintenance calculation shall cease to have effect— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A person with care with respect to whom a maintenance calculation is in force shall provide the Secretary of State with such information, in such circumstances, as may be prescribed, with a view to assisting the Secretary of State ... in determining whether the calculation has ceased to have effect ... The Secretary of State may by regulations make such supplemental, incidental or transitional provision as he thinks necessary or expedient in consequence of the provisions of this paragraph.
Section 14(4).
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Section 21(4).
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Section 22(5).
Every Child Support Commissioner for Northern Ireland shall vacate his office on the date on which he reaches the age of 75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Department of Justice shall pay, or make such payments towards the provision of such remuneration, ... allowances or gratuities to or in respect of persons appointed as Child Support Commissioners for Northern Ireland as, with the consent of the Treasury, the Lord Chancellor may determine. The Department of Justice shall pay to a Child Support Commissioner for Northern Ireland such expenses incurred in connection with his work as such a Commissioner as may be determined by the Treasury. Sub-paragraph (1), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.
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The Northern Ireland Judicial Appointments Commission may appoint persons to act as Child Support Commissioners for Northern Ireland (but to be known as deputy Child Support Commissioners for Northern Ireland) in order to facilitate the disposal of the business of Child Support Commissioners for Northern Ireland. A deputy Child Support Commissioner for Northern Ireland shall be appointed— No appointment of a person to be a deputy Child Support Commissioner for Northern Ireland shall be such as to extend beyond the date on which he reaches the age of 75. Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.
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for any reference to a Child Support Commissioner (however expressed) there were substituted a corresponding reference to a Child Support Commissioner for Northern Ireland;
in paragraph 2(1), the word “pensions” were omitted;
for paragraph 3, there were substituted—;
in paragraph 4—
for paragraph (a) of sub-paragraph (2) there were substituted—;
Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.
paragraphs 5 to 7 were omitted.
Section 58(13).
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The House of Commons Disqualification Act 1975 shall be amended as follows. In Part I of Schedule 1 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “ Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ” “ Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part I of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— “ Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ” “ Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). ”
In section 4 (amount of aliment) of the Family Law (Scotland) Act 1985, at the end there shall be added—
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In section 281(5)(b) of the Insolvency Act 1986 (effect of discharge of bankrupt), after “family proceedings” there shall be inserted “ or under a maintenance calculation made under the Child Support Act 1991 ”.
The Debtors (Scotland) Act 1987 shall be amended as follows. In section 1(5) (time to pay directions not competent in certain cases) after paragraph (c) there shall be inserted—. In section 15(3) (interpretation of Part I), in the definition of “decree or other document”, after “maintenance order” there shall be inserted “ , a liability order within the meaning of the Child Support Act 1991 ”. In section 54(1) (maintenance arrestment to be preceded by default) in paragraph (c) for “the aggregate of 3 instalments” there shall be substituted “ one instalment ”. In section 72 (effect of sequestration on diligence against earnings)— In section 73(1) (interpretation of Part III), in the definition of “net earnings”, In section 106 (interpretation) in the definition of “maintenance order”—
In this Schedule, “regulations” means regulations made by the Secretary of State.
Regulations may make provision—
as to the procedure to be followed in considering an application for a variation;
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Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.
If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to consider the application.
Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part. In this Schedule “applicant” means the person whose application for a variation is being considered.
A variation applied for by a non-resident parent may be agreed with respect to his special expenses. In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses. In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to— For the purposes of sub-paragraph (3)(b)— For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe— and may provide for estimating any such component.
A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993— The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value— For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.
The Secretary of State may by regulations prescribe other cases in which a variation may be agreed. Regulations under this paragraph may, for example, make provision with respect to cases where—
The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed. No variations may be made other than those which are permitted by the regulations. Regulations under this paragraph may, in particular, make provision for a variation to result in— Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations. Any regulations under this paragraph may in particular make different provision with respect to different levels of income.
The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).
Section 83.
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