Child Support Act 1995
In the 1991 Act, insert after section 28—
Schedule 1 inserts in the 1991 Act a new Schedule 4A which makes supplemental provision with respect to procedural and other matters.
In the 1991 Act, insert after section 28A—
In the 1991 Act, insert after section 28B—
In the 1991 Act, insert after section 28C—
In the 1991 Act, insert after section 28D—
In the 1991 Act, insert after section 28E—
Schedule 2 inserts in the 1991 Act the new Schedule 4B which is referred to in subsections (1)(a) and (7) of the new section 28F inserted by this section.
In the 1991 Act, insert after section 28F—
In the 1991 Act, insert after section 28G—
In the 1991 Act, insert after section 28H—
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The Secretary of State may by regulations make provision for the payment, in prescribed circumstances, of sums to persons—
who are or have been in receipt of child maintenance; and
to or in respect of whom income support or a jobseeker’s allowance is or has been paid.
A sum payable under the regulations shall be known as “a child maintenance bonus”.
A child maintenance bonus shall be treated for all purposes as payable by way of income support or (as the case may be) a jobseeker’s allowance.
Subsection (3) is subject to section 617 of the Income and Corporation Taxes Act 1988 (which, as amended by paragraph 1 of Schedule 3, provides for a child maintenance bonus not to be taxable).
The regulations may, in particular, provide for—
a child maintenance bonus to be payable only on the occurrence of a prescribed event;
a bonus not to be payable unless a claim is made before the end of the prescribed period;
the amount of a bonus (subject to any maximum prescribed by virtue of paragraph (f)) to be determined in accordance with the regulations;
enabling amounts to be calculated by reference to periods of entitlement to income support and periods of entitlement to a jobseeker’s allowance;
treating a bonus as payable wholly by way of a jobseeker’s allowance or wholly by way of income support, in a case where amounts have been calculated in accordance with provision made by virtue of paragraph (d);
the amount of a bonus not to exceed a prescribed maximum;
a bonus not to be payable if the amount of the bonus which would otherwise be payable is less than the prescribed minimum;
prescribed periods to be disregarded for prescribed purposes;
a bonus which has been paid to a person to be treated, in prescribed circumstances and for prescribed purposes, as income or capital of hers or of any other member of her family;
treating the whole or a prescribed part of an amount which has accrued towards a person’s bonus—
as not having accrued towards her bonus; but
as having accrued towards the bonus of another person.
The Secretary of State may by regulations provide—
for the whole or a prescribed part of a child maintenance bonus to be paid in such circumstances as may be prescribed to such person, other than the person who is or had been in receipt of child maintenance, as may be determined in accordance with the regulations;
for any payments of a prescribed kind which have been collected by the Secretary of State, and retained by him, to be treated for the purposes of this section as having been received by the appropriate person as payments of child maintenance.
In this section—
“appropriate person” has such meaning as may be prescribed;
“child” means a person under the age of 16;
The following Schedule is inserted in the 1991 Act, after Schedule 4—
Section 6(2). The following Schedule is inserted in the 1991 Act, after Schedule 4A—
Section 30(5).
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The 1991 Act is amended as follows.
In section 14 (information required by Secretary of State), after subsection (1) insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 24 (appeal to Child Support Commissioner) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (3), for paragraph (c) substitute—
In section 25 (appeal from Child Support Commissioner on question of law), insert after subsection (3)— In the definition of “appropriate court” in subsection (4) of that section, for the words from “means” to “Session” substitute “ , except in subsections (3A) and (3B), means the court specified in accordance with those subsections ”.
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In section 33 (liability orders), at the end add—
In section 41 (retention by Secretary of State of arrears recovered by him in benefit cases) for subsection (2) substitute—
In section 46(5) (circumstances in which child support officer may give a reduced benefit direction), after “may” insert “ , except in prescribed circumstances, ”.
In section 47 (fees), in subsections (1) and (2) in each case after “takes” insert “ , or proposes to take, ”.
In section 48(1) (power of Secretary of State to confer right of audience), for “person authorised” substitute “ officer of the Secretary of State who is authorised ”.
In section 52(2) (statutory instruments subject to affirmative resolution control)—
after “12(2),” insert “ 28C(2)(b), 28F(3), 30(5A) ”;
after “or (4)” insert “ 41A, 41B(6) ”; and
after “Schedule 1” insert “ or under Schedule 4B ”.
In section 54 (interpretation), insert the following definitions in the appropriate places—
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In paragraph 3(2) of Schedule 5 (amendment of the House of Commons Disqualification Act 1975), after “Part I” insert “ of Schedule 1 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 4(1) of Schedule 5 (amendment of the Northern Ireland Assembly Disqualification Act 1975), after “Part I of” insert “ Schedule 1 to ”.
In section 170(5) of the Social Security Administration Act 1992 (the Social Security Advisory Committee)—
in the definition of “the relevant enactments”, after paragraph (aa) insert—; and
in the definition of “the relevant Northern Ireland enactments”, after paragraph (aa) insert—.
“child maintenance” has such meaning as may be prescribed;
such other provisions (if any) of primary or subordinate legislation with respect to child support maintenance as may be prescribed;
“family” means—
a married or unmarried couple;
a married or unmarried couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;
except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
For the purposes of this section, the Secretary of State may by regulations make provision as to the circumstances in which—
persons are to be treated as being or not being members of the same household;
one person is to be treated as responsible or not responsible for another.
In section 12 of the 1991 Act (interim maintenance assessments), for subsection (1) substitute—
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Section 17 of the 1991 Act (reviews on change of circumstances) is amended as follows.
After subsection (2) insert—
In subsection (3)—
after “subsection (6)” insert “, or by virtue of subsection (7),”; and
for “the review applied for” substitute “a review”.
After subsection (4) insert—
For subsection (5) substitute—
In subsection (6)—
for “any review” substitute “a review of the original assessment”; and
after “maintenance assessment” insert “by reference to the circumstances of the case as at the date of the application under this section”.
After subsection (6) add—
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A maintenance assessment may be cancelled by a child support officer if he is conducting a review under section 16, 17, 18 or 19 and it appears to him—
In sub-paragraph (7) of paragraph 16 of Schedule 1 to the 1991 Act, after “sub-paragraph” insert “ (4A), ”.
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In Schedule 4 to the 1991 Act (Child Support Commissioners), insert after paragraph 4—
In paragraph 7 of that Schedule (consultation with Lord Advocate), for “or 4(1) or (2)(b)” substitute “4(1) or (2)(b) or 4A(1)”.
In paragraph 8 of that Schedule (application of Schedule to Northern Ireland), in sub-paragraph (e), for “paragraphs 5” substitute “paragraphs 4A”.
In section 4 of the 1991 Act (right of person with care or absent parent to apply for maintenance assessment), insert at the end—
In section 7 of the 1991 Act (right of child in Scotland to apply for maintenance assessment), insert at the end—
In section 8 of the 1991 Act (role of the courts with respect to maintenance for children), after subsection (3) insert—
In section 9 of the 1991 Act (maintenance agreements), at the beginning of subsection (3) insert “ Subject to section 4(10)(a) and section 7(10), ” and after subsection (5) insert—
The Secretary of State may by order repeal any of the provisions of this section.
Neither section 4(10) nor section 7(10) of the 1991 Act shall apply in relation to a maintenance order made in the circumstances mentioned in subsection (7) or (8) of section 8 of the 1991 Act.
The Secretary of State may by regulations make provision for section 4(10), or section 7(10), of the 1991 Act not to apply in relation to such other cases as may be prescribed.
Part I of the Schedule to the Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (phased take-on of certain cases) is hereby revoked.
At any time before 7th April 1997, neither section 8(3), nor section 9(5)(b), of the 1991 Act shall apply in relation to any case which fell within paragraph 5(2) of the Schedule to the 1992 order (pending cases during the transitional period set by that order).
In section 11 of the 1991 Act, after subsection (1) (referral of application for maintenance assessment to child support officer) insert—
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Section 28 of the 1991 Act (power of Secretary of State to initiate or defend actions of declarator) is amended as set out in subsections (6) and (7).
For subsection (1) substitute—
In subsection (2), at the end insert “ or in a maintenance assessment which is in force ”.
After section 27 of the 1991 Act insert—
In the 1991 Act, insert after section 41—
In the 1991 Act, insert after section 41A—
The Secretary of State may by regulations make provision for the payment by him, in prescribed circumstances and to or in respect of qualifying persons, of sums by way of compensation or partial compensation for any reduction which is attributable to one or more prescribed changes in child support legislation.
For the purposes of this section—
“qualifying person” means a person with care—
with respect to whom a maintenance assessment (“the revised assessment”) is in force or was made after the change or changes took effect;
to or in respect of whom family credit or disability working allowance is or has been paid; and
The regulations may include provision—
as to the calculation of the amount of any compensation payment;
for any compensation payment to be made in instalments or as a lump sum;
as to the manner in which any compensation payment is to be made;
for a compensation payment which would otherwise be made under the regulations not to be made if the amount of the payment would be less than the prescribed minimum.
The Secretary of State may by order provide that, for the purposes of specified provisions of the Social Security Administration Act 1992, a compensation payment is to be treated as if it were a payment of a benefit (as defined by section 191 of that Act) or of a benefit of a prescribed kind.
In the Social Security Administration Act 1992, insert after section 74—
Any power under this Act to make regulations or orders shall be exercisable by statutory instrument.
Any such power may be exercised to make different provision for different cases, including different provision for different areas.
Any such power includes power—
to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State to be expedient; and
to provide for a person to exercise a discretion in dealing with any matter.
Subsection (5) applies to—
the first regulations made under section 10;
any order made under section 18(5);
the first regulations made under section 24.
No regulations or order to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations or order has been laid before Parliament and approved by a resolution of each House.
Any other statutory instrument made under this Act, other than one made under section 30(4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act “the 1991 Act” means the Child Support Act 1991.
Expressions in this Act which are used in the 1991 Act have the same meaning in this Act as they have in that Act.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State under or by virtue of this Act;
any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
shall not be subject to paragraph 1(4) and (5) 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 sections 10 and 24 (“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.
This Act may be cited as the Child Support Act 1995.
This Act and the 1991 Act may be cited together as the Child Support Acts 1991 and 1995.
Section 29 and this section (apart from subsection (5)) come into force on the passing of this Act.
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.
Schedule 3 makes minor and consequential amendments.
This Act, except for— does not extend to Northern Ireland.
sections 17, 27 and 29,
this section, and
paragraphs 1, 18, 19 and 20 of Schedule 3,