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Child Support Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2022-03-10

State In force

Department Statute Law Database

Source legislation.gov.uk

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The basic principles

The duty to maintain

1

(1) For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him.

(2) 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.

(3) 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.

Welfare of children: the general principle

2

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.

Meaning of certain terms used in this Act

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(1) A child is a “qualifying child” if—

(a) one of his parents is, in relation to him, a non-resident parent; or

(b) both of his parents are, in relation to him, non-resident parents.

(2) The parent of any child is a “non-resident parent”, in relation to him, if—

(a) that parent is not living in the same household with the child; and

(b) the child has his home with a person who is, in relation to him, a person with care.

(3) A person is a “person with care”, in relation to any child, if he is a person—

(a) with whom the child has his home;

(b) who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

(4) The Secretary of State shall not, under subsection (3)(c), prescribe as a category—

(a) parents;

(b) guardians;

(c) persons named, in a child arrangements order under section 8 of the Children Act 1989, as persons with whom a child is to live;

(d) 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.

(5) For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.

(6) Periodical payments which are required to be paid in accordance with a maintenance calculation are referred to in this Act as “child support maintenance”.

(7) Expressions are defined in this section only for the purposes of this Act.

Child support maintenance

4

(1) 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.

(2) 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—

(a) the collection of the child support maintenance payable in accordance with the calculation;

(b) the enforcement of the obligation to pay child support maintenance in accordance with the calculation.

(2A) The Secretary of State may only make arrangements under subsection (2)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

(3) 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.

(4) 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—

(a) the non-resident parent to be identified or traced (where that is necessary);

(b) the amount of child support maintenance payable by the non-resident parent to be assessed; and

(5) 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.

(6) 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)).

(7) The obligation to provide information which is imposed by subsection (4)—

(a) shall not apply in such circumstances as may be prescribed; and

(b) may, in such circumstances as may be prescribed, be waived by the Secretary of State.

(8) 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.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—

(a) 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

(aa) 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

(ab) a maintenance agreement—

(i) made on or after the date prescribed for the purposes of paragraph (a); and

(ii) registered for execution in the Books of Council and Session or the sheriff court books,

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; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child support maintenance: supplemental provisions

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(1) Where—

(a) there is more than one person with care of a qualifying child; and

(b) one or more, but not all, of them have parental responsibility for ... the child;

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.

(2) 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.

(3) 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.

Applications by those receiving benefit

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Right of child in Scotland to apply for assessment

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(1) 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—

(a) 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; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) 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.

(3) 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—

(a) the collection of the child support maintenance payable in accordance with the calculation;

(b) the enforcement of the obligation to pay child support maintenance in accordance with the calculation.

(3A) The Secretary of State may only make arrangements under subsection (3)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

(4) 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.

(5) 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—

(a) the non-resident parent to be traced (where that is necessary);

(b) the amount of child support maintenance payable by the non-resident parent to be assessed; and

(6) 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.

(7) 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)).

(8) The obligation to provide information which is imposed by subsection (5)—

(a) shall not apply in such circumstances as may be prescribed by the Secretary of State; and

(b) may, in such circumstances as may be so prescribed, be waived by the Secretary of State.

(9) 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.

(10) No application may be made at any time under this section by a qualifying child if

(a) 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

(b) 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

(i) made on or after the date prescribed for the purposes of paragraph (a); and

(ii) registered for execution in the Books of Council and Session or the sheriff court books,

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.

Role of the courts with respect to maintenance for children

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(1) 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.

(2) 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.

(3) 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.

(3A) 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—

(a) 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

(b) 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.

(4) Subsection (3) does not prevent a court from revoking a maintenance order.

(5) 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) 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

(b) the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

(5A) The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.

(6) 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) a maintenance calculation is in force with respect to the child;

(b) 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

(c) 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.

(7) 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) 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

(b) 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.

(8) 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) 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

(b) no such allowance is paid but he is disabled,

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.

(9) 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.

(10) 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.

(11) 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—

(a) Part II of the Matrimonial Causes Act 1973;

(b) the Domestic Proceedings and Magistrates’ Courts Act 1978;

(d) the Family Law (Scotland) Act 1985;

(e) Schedule 1 to the Children Act 1989; ...

(ea) Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or

(f) any other prescribed enactment,

and includes any order varying or reviving such an order.

(12) 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.

Agreements about maintenance

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(1) 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.

(2) Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.

(2A) The Secretary of State may, with a view to reducing the need for applications under sections 4 and 7—

(a) take such steps as the Secretary of State considers appropriate to encourage the making and keeping of maintenance agreements, and

(b) 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.

(3) 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.

(4) 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.

(5) 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—

(a) 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

(b) to increase the amount payable under such a provision.

(6) 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).

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(1) 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—

(a) 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

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(2) 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—

(a) 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

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(3) Any regulations under this section may, in particular, make such provision with respect to—

(a) 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;

(b) the recovery of any arrears under the order or agreement which fell due before the coming into force of the maintenance calculation,

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.

(4) The Secretary of State may by regulations make provision for—

(a) 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;

(b) 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.

(5) 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.

Maintenance calculations

Maintenance assessments

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(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.

(2) 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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.

(7) 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).

(8) Part II of Schedule 1 makes further provision with respect to maintenance calculations.

Interim maintenance assessments

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(1) Where the Secretary of State—

(a) is required to make a maintenance calculation; or

(b) is proposing to make a decision under section 16 or 17,

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.

(2) 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.

(3) The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.

(4) The Secretary of State may by regulations make provision as to default and interim maintenance decisions.

(5) The regulations may, in particular, make provision as to—

(a) the procedure to be followed in making a default or an interim maintenance decision; and

(b) a default rate of child support maintenance to apply where a default maintenance decision is made.

Child support officers

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Information

Information required by Secretary of State

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(1) 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—

(a) by such persons as may be determined in accordance with regulations made by the Secretary of State; and

(b) in accordance with the regulations.

(1A) 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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) 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.

(4) 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.

Powers of inspectors

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(1) The Secretary of State may appoint, on such terms as the Secretary of State thinks fit, persons to act as inspectors under this section.

(2) The function of inspectors is to acquire information which the the Secretary of State needs for any of the purposes of this Act.

(3) Every inspector is to be given a certificate of his appointment.

(4) 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—

(a) are liable to inspection under this section; and

(b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,

and may there make such examination and inquiry as he considers appropriate.

(4ZA) But the power under subsection (4) to enter any premises is exercisable only under the authority of a warrant issued under section 15A if—

(a) the premises are occupied, and

(b) an inspector has applied for admission to the premises for the purposes of exercising the power under that subsection but admission has been refused.

(4A) 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—

(a) premises at which a non-resident parent is or has been employed;

(b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;

(c) 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.

(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

(6) 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.

(7) 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.

(8) On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

(9) Subject to subsection (9A), if any person—

(a) intentionally delays or obstructs any inspector exercising his powers; or

(b) 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,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9A) 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.

(10) In this section—

“certificate” means a certificate of appointment issued under this section;

“inspector” means an inspector appointed under this section;

“powers” means powers conferred by this section; ...

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

(11) In this section, “premises” includes—

(a) moveable structures and vehicles, vessels, aircraft and hovercraft;

(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

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.

Reviews and appeals

Periodical reviews

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(1) Any decision to which subsection (1A) applies may be revised by the Secretary of State—

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose or on the Secretary of State’s own initiative;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.

(1A) This subsection applies to—

(a) a decision of the Secretary of State under section 11, 12 or 17;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) Where the Secretary of State revises a decision under section 12(1)—

(a) the Secretary of State may (if appropriate) do so as if ... revising a decision under section 11; and

(b) 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).

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

Reviews on change of circumstances

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(1) Subject to subsection (2), the following, namely—

(a) 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;

(b) any decision of an appeal tribunal or the First-tier Tribunal under section 20; ...

(d) any decision of an appeal tribunal or the First-tier Tribunal on a referral under section 28D(1)(b);

(e) 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),

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.

(2) The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).

(3) Regulations under subsection (2) may, in particular—

(a) 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;

(b) 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;

(4) 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.

(4A) 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.

(5) 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.

(6) In 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);

“Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).

Reviews of decisions of child support officers

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Reviews at instigation of child support officers

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Appeals

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(1) A qualifying person has a right of appeal to the First-tier Tribunal against—

(a) a decision of the Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);

(b) 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;

(d) the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

(e) the imposition (by virtue of section 47) of a requirement to pay fees.

(2) In subsection (1), “qualifying person” means—

(a) in relation to paragraphs (a) and (b)—

(i) the person with care, or non-resident parent, with respect to whom the Secretary of State made the decision, or

(ii) in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in relation to paragraph (e), the person required to pay fees.

(2A) 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.

(2B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Secretary of State was on an application,

(b) the Secretary of State considered issues of a specified description, or

(3) A person with a right of appeal under this section shall be given such notice as may be prescribed of—

(a) that right; and

(b) the relevant decision, or the imposition of the requirement.

(4) Regulations may make—

(a) provision as to the manner in which, and the time within which, appeals are to be brought; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) 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.

(5) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In deciding an appeal under this section, the First-tier Tribunal—

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the Secretary of State made the decision or imposed the requirement.

(8) If an appeal under this section is allowed, the First-tier Tribunal may—

(a) itself make such decision as it considers appropriate; or

(b) remit the case to the Secretary of State, together with such directions (if any) as it considers appropriate.

Child support appeal tribunals

21

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

Child Support Commissioners

22

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

Child Support Commissioners for Northern Ireland

23

(1) Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and other Child Support Commissioners for Northern Ireland.

(2) 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.

(3) Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland ...

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal to Child Support Commissioner

24

(1) 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—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Secretary of State, and

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) 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.

Appeal from Child Support Commissioner on question of law

25

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

Disputes about parentage

26

(1) 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).

(2) The Cases are —

Case A1Where—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; andthe child has not been adopted.

Case A2Where—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; andthe child has not subsequently been adopted.

Case A3Where 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; orhas 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 AWhere 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 CWhere—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); ora 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; andthe child has not subsequently been adopted.

Case D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Case EWhere—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; andthe child has not subsequently been adopted.

Case FWhere—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; orin 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; andthe child has not subsequently been adopted.

(3) In this section—

“adopted” means adopted within the meaning of Part IV of the Adoption Act 1976 or Chapter 4 of Part 1 of the Adoption and Children Act 2002 or, in relation to Scotland, Part IV of the Adoption (Scotland) Act 1978 or Chapter 3 of Part 1 of the Adoption and Children (Scotland) Act 2007 (asp 4); and

“affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.

Reference to court for declaration of parentage

27

(1) This section applies where—

(a) 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 ... ;

(b) the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and

(c) 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.

(2) Where this section applies—

(a) 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

(b) if it is the Secretary of State who makes the application, that subsection shall not apply.

(3) This section does not apply to Scotland.

Power of Secretary of State to initiate or defend actions of declarator: Scotland

28

(1) Subsection (1A) applies in any case where—

(a) 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

(b) the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2).

(1A) 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.

(2) 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.

(3) This section applies to Scotland only.

Collection and enforcement

Collection of child support maintenance

29

(1) 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—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) 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.

(2) 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.

(3) The regulations may, in particular, make provision—

(a) for payments of child support maintenance to be made—

(i) to the person caring for the child or children in question;

(ii) to, or through, the Secretary of State; or

(iii) to, or through, such other person as the Secretary of State may, from time to time, specify;

(b) as to the method by which payments of child support maintenance are to be made;

(c) 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);

(ca) requiring payments of child support maintenance to be made—

(i) by reference to such an amount and a reference period; and

(ii) at prescribed intervals falling in a reference period;

(d) 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;

(e) empowering the Secretary of State to direct any person liable to make payments in accordance with the calculation—

(i) 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;

(ii) 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;

(f) providing for the making of representations with respect to matters with which the regulations are concerned.

(3A) In subsection (3)(c) and (ca) “a reference period” means—

(a) a period of 52 weeks beginning with a prescribed date; or

(b) in prescribed circumstances, a prescribed period.

(4) If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—

(a) for that method of payment not to be used in any case where there is good reason not to use it; and

(b) 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.

(5) 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.

(6) Regulations under subsection (4)(b) may include—

(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b) provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.

(7) If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—

(a) 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;

(b) prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.

Collection and enforcement of other forms of maintenance

30

(1) 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.

(2) 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.

(3) Where—

(a) the Secretary of State is arranging, under this Act, for the collection of different payments (“the payments”) from the same non-resident parent;

(b) 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

(c) the non-resident parent has not stipulated how that amount is to be allocated by the Secretary of State as between the payments,

the Secretary of State may allocate that amount as the Secretary of State sees fit.

(4) 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 .

(5) 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—

(a) 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;

(b) applying sections 29, 31 and 32 with such modifications (if any) as he considers necessary or expedient.

Deduction from earnings orders

31

(1) This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.

(2) 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.

(3) A deduction from earnings order may be made so as to secure the payment of—

(a) arrears of child support maintenance payable under the calculation;

(b) amounts of child support maintenance which will become due under the calculation; or

(4) A deduction from earnings order—

(a) shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and

(b) shall have effect from such date as may be specified in the order.

(5) A deduction from earnings order shall operate as an instruction to the employer to—

(a) make deductions from the liable person’s earnings; and

(b) pay the amounts deducted to the Secretary of State.

(6) The Secretary of State shall serve a copy of any deduction from earnings order made under this section on—

(a) the person who appears to the Secretary of State to have the liable person in question in his employment; and

(b) the liable person.

(7) Where—

(a) a deduction from earnings order has been made; and

(b) a copy of the order has been served on the liable person’s employer,

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.

(8) In this section and in section 32 “earnings” has such meaning as may be prescribed.

Regulations about deduction from earnings orders

32

(1) The Secretary of State may by regulations make provision with respect to deduction from earnings orders.

(2) The regulations may, in particular, make provision—

(a) as to the circumstances in which one person is to be treated as employed by another;

(b) requiring any deduction from earnings under an order to be made in the prescribed manner;

(bb) 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);

(c) 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;

(d) requiring the intervals between deductions to be made under an order to be specified in the order;

(e) as to the payment of sums deducted under an order to the Secretary of State;

(f) 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;

(g) with respect to the notification to be given to the liable person of amounts deducted, and amounts paid, under the order;

(h) 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;

(i) as to the operation of an order where the liable person is in the employment of the Crown;

(j) for the variation of orders;

(k) similar to that made by section 31(7), in relation to any variation of an order;

(l) for an order to lapse when the employer concerned ceases to have the liable person in his employment;

(m) as to the revival of an order in such circumstances as may be prescribed;

(n) allowing or requiring an order to be discharged;

(o) 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.

(3) The regulations may include provision that while a deduction from earnings order is in force—

(a) 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;

(b) 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.

(4) The regulations may include provision with respect to the priority as between a deduction from earnings order and—

(a) any other deduction from earnings order;

(b) any order under any other enactment relating to England and Wales which provides for deductions from the liable person’s earnings;

(5) 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.

(6) 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.

(7) Regulations made by virtue of subsection (5) may include—

(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b) 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).

(8) 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.

(9) In subsection (8) “designated” means designated by the regulations.

(10) 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.

(11) 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.

Liability orders

33

(1) This section applies where—

(a) 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

(b) it appears to the Secretary of State that—

(i) it is inappropriate to make a deduction from earnings order against him (because, for example, he is not employed); or

(ii) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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).

(6) Where regulations have been made under section 29(3)(a)—

(a) the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and

(b) a payment is not paid (for the purposes of subsection (3)),

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.

Regulations about liability orders

34

(1) The Secretary of State may make regulations in relation to England and Wales—

(a) prescribing the procedure to be followed in dealing with an application by the Secretary of State for a liability order;

(b) prescribing the form and contents of a liability order; and

(c) 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.

(2) 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.

Enforcement of liability orders by distress

35

(1) 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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement in county courts

36

(1) 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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations about liability orders: Scotland

37

(1) Section 34(1) does not apply to Scotland.

(2) 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.

(3) In this section “relevant information” has the same meaning as in section 34(2).

Enforcement of liability orders by diligence: Scotland

38

(1) In Scotland, where a liability order has been made against a person, the order shall be warrant anywhere in Scotland—

(a) 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;

(b) for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,

and shall be apt to found a Bill of Inhibition or an action of adjudication at the instance of the Secretary of State.

(2) In subsection (1) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid.

Liability orders: enforcement throughout United Kingdom

39

(1) The Secretary of State may by regulations provide for—

(a) any liability order made by a court in England and Wales; or

(b) any corresponding order made by a court in Northern Ireland,

to be enforced in Scotland as if it had been made by the sheriff.

(2) 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).

(3) The Secretary of State may by regulations make provision for, or in connection with, the enforcement in England and Wales of—

(a) any liability order made by the sheriff in Scotland; or

(b) any corresponding order made by a court in Northern Ireland,

as if it had been made by a magistrates’ court in England and Wales.

(4) 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.

Commitment to prison

40

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person it may—

(a) issue a warrant of commitment against him; or

(b) 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.

(4) Any such warrant—

(a) shall be made in respect of an amount equal to the aggregate of—

(i) 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

(ii) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of commitment; and

(b) shall state that amount.

(5) No warrant may be issued under this section against a person who is under the age of 18.

(6) A warrant issued under this section shall order the liable person—

(a) to be imprisoned for a specified period; but

(b) to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.

(7) 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.

(8) 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.

(9) A warrant issued under this section may be directed to such person or persons as the court issuing it thinks fit.

(10) 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.

(11) The Secretary of State may by regulations make provision—

(a) as to the form of any warrant issued under this section;

(b) allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;

(c) 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;

(d) 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;

(e) 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;

(f) as to the execution of a warrant for arrest.

(12) This section does not apply to Scotland.

Arrears of child support maintenance

41

(1) This section applies where—

(a) the Secretary of State is authorised under section 4 ... or 7 to recover child support maintenance payable by a non-resident parent in accordance with a maintenance calculation; and

(b) the non-resident parent has failed to make one or more payments of child support maintenance due from him in accordance with that calculation.

(2) Where the Secretary of State recovers any such arrears the Secretary of State may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if the Secretary of State is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the non-resident parent made the payment or payments of child support maintenance in question.

(2A) In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the maintenance calculation had effect from a date earlier than that on which it was made, the calculation shall be taken to have been in force at that time.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any sums retained by the Secretary of State by virtue of this section shall be paid by the Secretary of State into the Consolidated Fund.

Special cases

42

(1) The Secretary of State may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Act.

(2) Those regulations may, for example, provide for the following to be special cases—

(a) each parent of a child is a non-resident parent in relation to the child;

(b) there is more than one person who is a person with care in relation to the same child;

(c) there is more than one qualifying child in relation to the same non-resident parent but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them;

(d) a person is a non-resident parent in relation to more than one child and the other parent of each of those children is not the same person;

(e) the person with care has care of more than one qualifying child and there is more than one non-resident parent in relation to those children;

(f) a qualifying child has his home in two or more separate households;

(g) the same persons are the parents of two or more children and each parent is—

(i) a non-resident parent in relation to one or more of the children, and

(ii) a person with care in relation to one or more of the children.

(3) The Secretary of State may by regulations make provision with respect to special cases.

(4) Regulations made under subsection (3) may, in particular—

(a) modify any provision made by or under this Act, in its application to any special case or any special case falling within a prescribed category;

(b) make new provision for any such case; or

Contribution to maintenance by deduction from benefit

43

(1) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.

(2) The reference in subsection (1) to the making of payments in respect of child support maintenance includes the recovery of—

(a) arrears of child support maintenance, and

(b) fees payable under section 6 of the Child Maintenance and Other Payments Act 2008.

(3) For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows’ pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation)).

Jurisdiction

44

(1) The Secretary of State shall have jurisdiction to make a maintenance calculation with respect to a person who is—

(a) a person with care;

(b) a non-resident parent; or

only if that person is habitually resident in the United Kingdom, except in the case of a non-resident parent who falls within subsection (2A).

(2) Where the person with care is not an individual, subsection (1) shall have effect as if paragraph (a) were omitted.

(2A) A non-resident parent falls within this subsection if he is not habitually resident in the United Kingdom, but is—

(a) employed in the civil service of the Crown, including Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;

(b) a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996;

(d) employed by a body of a prescribed description.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction of courts in certain proceedings under this Act

45

(1) The Lord Chancellor or, in relation to Scotland, the Lord Advocate may by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order—

(a) shall be made to a court instead of being made to the First-tier Tribunal; or

(b) shall be so made in such circumstances as may be so specified.

(2) In subsection (1), “court” means—

(a) in relation to England and Wales, the High Court or the family court; and

(b) in relation to Scotland, the Court of Session or the sheriff.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any order under subsection (1) ... may make—

(a) such modifications of any provision of this Act or of any other enactment; and

(b) such transitional provision,

as the Minister making the order considers appropriate in consequence of any provision made by the order.

(8) The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.

(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Miscellaneous and supplemental

Failure to comply with obligations imposed by section 6

46

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

Fees

47

(1) The Secretary of State may by regulations provide for the payment, by the non-resident parent or the person with care (or by both), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 4 or 6.

(2) The Secretary of State may by regulations provide for the payment, by the non-resident parent, the person with care or the child concerned (or by any or all of them), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 7.

(3) Regulations made under this section—

(a) may require any information which is needed for the purpose of determining the amount of any such fee to be furnished, in accordance with the regulations, by such person as may be prescribed;

(b) shall provide that no such fees shall be payable by any person to or in respect of whom income support, an income-based jobseeker’s allowance, any element of child tax credit other than the family element, working tax credit or any other benefit of a prescribed kind is paid; and

(c) may, in particular, make provision with respect to the recovery by the Secretary of State of any fees payable under the regulations.

(4) The provisions of this Act with respect to—

(a) the collection of child support maintenance;

(b) the enforcement of any obligation to pay child support maintenance,

shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section.

Right of audience

48

(1) Any officer of the Secretary of State who is authorised by the Secretary of State for the purposes of this section shall have, in relation to any proceedings under this Act before the family court or a magistrates’ court, a right of audience and the right to conduct litigation.

(2) In this section “right of audience” and “right to conduct litigation” have the same meaning as in section 119 of the Courts and Legal Services Act 1990.

Right of audience: Scotland

49

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

Unauthorised disclosure of information

50

(1) Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—

(a) was acquired by him in the course of that employment; and

(b) relates to a particular person.

(1A) Subsection (1) applies to employment as—

(za) any member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 in connection with the carrying out of any functions in relation to appeals from decisions made under this Act;

(a) any clerk to, or other officer of, an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998;

(b) any member of the staff of any such appeal tribunal;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any person who provides, or is employed in the provision of, services to the Secretary of State,

and to employment of any other kind which is prescribed for the purposes of this subsection.

(1B) Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—

(a) was acquired by him in the course of that employment;

(b) is information which is, or is derived from, information acquired or held for the purposes of this Act; and

(1C) Subsection (1B) applies to any employment which—

(a) is not employment to which subsection (1) applies, and

(b) is of a kind prescribed for the purposes of this subsection.

(2) It is not an offence under this section—

(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—

(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or

(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(4) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made—

(a) by a civil servant in accordance with his official duty; or

(b) by any other person either—

(i) for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the responsible person; or

(ii) to, or in accordance with an authorisation duly given by, the responsible person;

(d) for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person mentioned in this Act; or

(e) with the consent of the appropriate person.

(7) “The responsible person” means—

(a) the Lord Chancellor;

(b) the Secretary of State;

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any other prescribed person, or person falling within a prescribed category.

(8) “The appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—

(a) under a power of attorney; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) by a Scottish mental health custodian, that is to say a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4); ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the appropriate person is the attorney or custodian (as the case may be) or, in a case falling within paragraph (a), the person to whom the information relates.

(9) Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is—

(a) a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or

(b) a deputy appointed for him, or any other person authorised, by the Court of Protection,

with power in that respect.

Supplementary powers to make regulations

51

(1) The Secretary of State may by regulations make such incidental, supplemental and transitional provision as he considers appropriate in connection with any provision made by or under this Act.

(2) The regulations may, in particular, make provision—

(a) as to the procedure to be followed with respect to—

(i) the making of applications for maintenance calculations;

(ii) the making of decisions under section 11;

(iii) the making of decisions under section 16 or 17;

(b) extending the categories of case to which section 16, 17 or 20 applies;

(d) for attributing payments made under maintenance calculations to the payment of arrears;

(e) for the adjustment, for the purpose of taking account of the retrospective effect of a maintenance calculation, of amounts payable under the calculation;

(f) for the adjustment, for the purpose of taking account of over-payments or under-payments of child support maintenance, of amounts payable under a maintenance calculation;

(g) as to the evidence which is to be required in connection with such matters as may be prescribed;

(h) as to the circumstances in which any official record or certificate is to be conclusive (or in Scotland, sufficient) evidence;

(i) with respect to the giving of notices or other documents;

(j) for the rounding up or down of any amounts calculated, estimated or otherwise arrived at in applying any provision made by or under this Act.

(3) No power to make regulations conferred by any other provision of this Act shall be taken to limit the powers given to the Secretary of State by this section.

Regulations and orders

52

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Child Support Act 1991

The basic principles

The duty to maintain

1

Welfare of children: the general principle

2

Meaning of certain terms used in this Act

3

Child support maintenance

4

Child support maintenance: supplemental provisions

5

Applications by those receiving benefit

6

Right of child in Scotland to apply for assessment

7

Role of the courts with respect to maintenance for children

8

Agreements about maintenance

9

Relationship between maintenance assessments and certain court orders and related matters

10

Maintenance calculations

Maintenance assessments

11

Interim maintenance assessments

12

Child support officers

Child support officers

13

Information

Information required by Secretary of State

14

Powers of inspectors

15

Reviews and appeals

Periodical reviews

16

Reviews on change of circumstances

17

Reviews of decisions of child support officers

18

Reviews at instigation of child support officers

19

Appeals

20

Child support appeal tribunals

21

Child Support Commissioners

22

Child Support Commissioners for Northern Ireland

23

Appeal to Child Support Commissioner

24

Appeal from Child Support Commissioner on question of law

25

Disputes about parentage

26

Reference to court for declaration of parentage

27

Power of Secretary of State to initiate or defend actions of declarator: Scotland

28

Collection and enforcement

Collection of child support maintenance

29

Collection and enforcement of other forms of maintenance

30

Deduction from earnings orders

31

Regulations about deduction from earnings orders

32

Liability orders

33

Regulations about liability orders

34

Enforcement of liability orders by distress

35

Enforcement in county courts

36

Regulations about liability orders: Scotland