Legalize / United Kingdom / Public General Act

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

articles Not indexed

Reform history JSON API

[^M_F_300a9fd2-dbc6-442f-e536-7c16089e0500]: Words in s. 49D substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 88

[^key-7692d11c086c6e393ef7f1341827de57]: S. 49D inserted (10.2.2015 for specified purposes, 23.3.2015 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 40, 62(3); S.I. 2015/176, art. 2(a)(b)

[^key-2a13b14bdfd540a537883d8f9c7fd113]: Words in s. 39(2) substituted (1.4.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700), art. 1(11)(l), Sch. para. 12(2)

[^key-257ce7e3fef0db2513fccb3646ab353c]: S. 49 repealed (1.4.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700), art. 1(11)(l), Sch. para. 12(3)

[^key-c982eff3a829d1b13c0f02ce74022dab]: Words in s. 40B(4) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 65(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

[^key-5374d3ce5c307f796ce0832953dc606e]: Words in s. 40B(9) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 65(3)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

[^key-4c139cdb781380d1f758886db113fc99]: Word in s. 40B(9) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 65(3)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)

[^M_C_f1dd6c05-9410-4c82-fd70-7101d5c8ba7f]: S. 49D modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 59(4)(6); S.I. 2008/1476, art. 2(6)

[^key-b4eafa96b96f2cd7333e55e1ad27e752]: S. 29(4)-(7) excluded for certain cases (temp.) (7.11.2016 until 22.5.2021) by The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016 (S.I. 2016/982), regs. 1(1), 6 (with reg. 1(2))

[^key-19721bb7ae11512fa9e5393cdc6ab8aa]: Sch. 5 para. 6 repealed (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 2 Pt. 1

[^M_C_fad9c876-f819-4c20-d2fc-aa969508adf9]: S. 39B modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 59(5)(6); S.I. 2008/1476, art. 2(6)

[^M_F_1f1d4854-d6c2-4568-fdef-ffa18c68e6ad]: Words in s. 39B(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 80(2)(a)

[^M_F_4a88702d-be7e-45b8-e34d-35dacbdd68fd]: Words in s. 39B(2)(7)(11) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 80(2)(b)

[^M_F_19874a97-e619-4e6e-ef5c-aae747b2bafd]: Words in s. 39C(5) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 80(3)

[^M_F_48f6c6f6-6de5-497c-8b4b-417e05ab19aa]: Words in s. 39E substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 80(4)

[^M_F_0c195139-c51f-4a85-fa78-02ab54a9c3f3]: Words in s. 39B heading substituted (1.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 7(4)

[^key-37aa56a290809b52ab922f52cc1c530a]: Ss. 39B-39G inserted (29.11.2018 for specified purposes, 14.12.2018 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 27, 62(3); S.I. 2018/1261, art. 2(a)(b)

[^key-963d683b8052036f2bd1d84f6bb6616a]: Words in s. 26(2) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 1 para. 5

[^key-24e4f8da6638989f55565237937558d9]: S. 15A inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 12

[^key-3d9084921548687317570495366f5696]: S. 15(4ZA) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 11(a)

[^key-9b866e4650d7b45287bcdb48b5c64854]: Words in s. 15(9) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 11(b)

[^key-fb4e009ca8d9603c4deab64a80b23f84]: S. 15(9A) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 11(c)

[^key-83568f7e0e069cd0703d10f3c5eff838]: Words in s. 26(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 13(2)

[^key-b1e78ac0948dcecdb3ef3967bcdfad54]: Words in s. 32L(5) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 13(3)

[^key-28c20903a794ad26dad18887201ac50b]: Words in Sch. 1 para. 10C(5)(b) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 13(4)

[^key-3df13eaf797299b3dc88ed313699261d]: S. 44(4) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 19(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ba5d091d793e6b6290547949d5a7c4c2]: S. 44(5) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 19(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dbbc4d15d83f15b76f6e6582e41a800d]: Word in Sch. 4 para. 1(1) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 23(2) (with Sch. 1 para. 43)

[^key-18a45dc1cef6a1d13c13662810b17b00]: Word in Sch. 4 para. 4(2A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 23(3) (with Sch. 1 para. 43)

[^M_P_355fcfc8-764c-430d-a3e3-8132c3eda4f4]: S. 58(2): 17.6.1992 appointed for specified provisions and purposes by S.I. 1992/1431, art. 2, Sch. S. 58: 1.9.1992 appointed for specified provisions by S.I. 1992/1938, art. 2 S. 58(2)-(6): 5.4.1993 appointed for specified provisions by S.I. 1992/2644, art. 2 (with transitional provisions in art. 3, Sch.)

[^M_C_45f6dfbf-588a-4711-a8f2-f5c1b90767cb]: Sch. 1 modified (5.4.1993) by S.I. 1992/1815, reg. 21(2)

Powers of inspectors.

27A

(1) This section applies in any case where—

(a) an application for a maintenance calculation has been made ... or a maintenance calculation is in force;

(b) scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or calculation is made ... ;

(d) one of the conditions set out in subsection (2) is satisfied.

(2) The conditions are that—

(a) the alleged parent does not deny that he is one of the child’s parents;

(b) in proceedings under section 55A of the Family Law Act 1986, a court has made a declaration that the alleged parent is a parent of the child in question; or

(c) in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the Secretary of State by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.

(3) In any case to which this section applies, any fee paid by the Secretary of State in connection with scientific tests may be recovered by the Secretary of State from the alleged parent as a debt due to the Crown.

(4) In this section—

“bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

“direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);

“request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); and

“scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

(5) Any sum recovered by the Secretary of State under this section shall be paid by the Secretary of State into the Consolidated Fund.

41B

(1) This section applies where it appears to the Secretary of State that a non-resident parent has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that—

(a) it would not be possible for the non-resident parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a maintenance calculation; or

(b) it would be inappropriate to rely on an adjustment of the amount payable under a maintenance calculation as the means of enabling the non-resident parent to recover the amount of the overpayment.

(1A) This section also applies where the non-resident parent has made a voluntary payment and it appears to the Secretary of State—

(a) that he is not liable to pay child support maintenance; or

(b) that he is liable, but some or all of the payment amounts to an overpayment,

and, in a case falling within paragraph (b), it also appears to the Secretary of State that subsection (1)(a) or (b) applies.

(2) The Secretary of State may make such payment to the non-resident parent by way of reimbursement, or partial reimbursement, of the overpayment as the Secretary of State considers appropriate.

(3) Where the Secretary of State has made a payment under this section the Secretary of State may, in such circumstances as may be prescribed, require the relevant person to pay to the Secretary of State the whole, or a specified proportion, of the amount of that payment.

(4) Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Secretary of State wishes to recover from him.

(5) Any sum which a person is required to pay to the Secretary of State under this section shall be recoverable from him by the Secretary of State as a debt due to the Crown.

(6) The Secretary of State may by regulations make provision in relation to any case in which—

(a) one or more overpayments of child support maintenance are being reimbursed to the Secretary of State by the relevant person; and

(b) child support maintenance has continued to be payable by the non-resident parent concerned to the person with care concerned, or again becomes so payable.

(7) For the purposes of this section—

(a) a payment made by a person under a maintenance calculation which was not validly made; and

(b) a voluntary payment made in the circumstances set out in subsection (1A)(a),

shall be treated as an overpayment of child support maintenance made by a non-resident parent.

(8) In this section “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made.

(9) Any sum recovered by the Secretary of State under this section shall be paid by the Secretary of State into the Consolidated Fund.

20A

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Expenses of other persons

2A

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Determination of questions by other officers

4A

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28I

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Variations

28A

(1) Where an application for a maintenance calculation is made under section 4 or 7 ... the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned may apply to the Secretary of State for the rules by which the calculation is made to be varied in accordance with this Act.

(2) Such an application is referred to in this Act as an “application for a variation”.

(3) An application for a variation may be made at any time before the Secretary of State has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation ... .

(4) A person who applies for a variation—

(a) need not make the application in writing unless the Secretary of State directs in any case that he must; and

(b) must say upon what grounds the application is made.

(5) In other respects an application for a variation is to be made in such manner as may be prescribed.

(6) Schedule 4A has effect in relation to applications for a variation.

28B

(1) Where an application for a variation has been duly made to the Secretary of State, the Secretary of State may give it a preliminary consideration.

(2) The Secretary of State may on completing such a preliminary consideration, reject the application (and proceed to make a decision on the application for a maintenance calculation without any variation) if it appears to the Secretary of State—

(a) that there are no grounds on which a variation could be agreed to;

(b) that the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11 (apart from any information needed in relation to the application for a variation), and therefore that the Secretary of State’s decision would be made under section 12(1); or

28C

(1) Where—

(a) an application for a variation is made by the non-resident parent; and

(b) the Secretary of State makes an interim maintenance decision,

the Secretary of State may also, if the Secretary of State has completed a preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).

(2) The conditions are that—

(a) the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;

(b) the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.

(3) Where the Secretary of State imposes a regular payments condition, the Secretary of State shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—

(a) the non-resident parent;

(b) all the persons with care concerned; and

(4) A regular payments condition shall cease to have effect—

(a) when the Secretary of State has made a decision on the application for a maintenance calculation under section 11 (whether the Secretary of State agrees to a variation or not);

(b) on the withdrawal of the application for a variation.

(5) Where a non-resident parent has failed to comply with a regular payments condition, the Secretary of State may in prescribed circumstances refuse to consider the application for a variation, and instead reach a decision under section 11 as if no such application had been made.

(6) The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the Secretary of State.

(7) Where the Secretary of State determines that a non-resident parent has failed to comply with a regular payments condition the Secretary of State shall give written notice of the determination to—

(a) that parent;

(b) all the persons with care concerned; and

Decisions superseding earlier decisions

28E

(1) In determining whether to agree to a variation, the Secretary of State shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.

(2) The general principles are that—

(a) parents should be responsible for maintaining their children whenever they can afford to do so;

(b) where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.

(3) In determining whether to agree to a variation, the Secretary of State shall take into account any representations made to the Secretary of State—

(a) by the person with care or non-resident parent concerned; or

(b) where the application for the current calculation was made under section 7, by either of them or the child concerned.

(4) In determining whether to agree to a variation, no account shall be taken of the fact that—

(a) any part of the income of the person with care concerned is, or would be if the Secretary of State agreed to a variation, derived from any benefit; or

(b) some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.

(5) In this section “benefit” has such meaning as may be prescribed.

28F

(1) The Secretary of State may agree to a variation if—

(a) the Secretary of State is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and

(b) it is the Secretary of State’s opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.

(2) In considering whether it would be just and equitable in any case to agree to a variation, the Secretary of State—

(a) must have regard, in particular, to the welfare of any child likely to be affected if the Secretary of State did agree to a variation; and

(b) must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.

(3) The Secretary of State shall not agree to a variation (and shall proceed to make a decision on the application for a maintenance calculation without any variation) if ... satisfied that—

(a) the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that the decision would be made under section 12(1); or

(b) other prescribed circumstances apply.

(4) Where the Secretary of State agrees to a variation, the Secretary of State shall—

(a) determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation ... ; and

(b) make a decision under section 11 on that basis.

(5) If the Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by the Secretary of State’s decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.

(6) In determining whether or not to agree to a variation, the Secretary of State shall comply with regulations made under Part II of Schedule 4B.

28G

(1) An application for a variation may also be made when a maintenance calculation is in force.

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

(a) sections 16, 17 and 20; and

(b) sections 28A to 28F and Schedules 4A and 4B,

to apply with prescribed modifications in relation to such applications.

(3) The Secretary of State may by regulations provide that, in prescribed cases (or except in prescribed cases), a decision under section 17 made otherwise than pursuant to an application for a variation may be made on the basis of a variation agreed to for the purposes of an earlier decision without a new application for a variation having to be made.

SCHEDULE 4A

Interpretation

1

In this Schedule, “regulations” means regulations made by the Secretary of State.

Applications for departure directions

2

Regulations may make provision—

(a) as to the procedure to be followed in considering an application for a variation;

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

Completion of preliminary consideration

3

Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.

Information

4

If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to consider the application.

Anticipation of change of circumstances

5

(1) Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.

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

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

Reviews and departure directions

6

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

Subsequent departure directions

7

(1) Regulations may make provision with respect to any departure application made with respect to a maintenance assessment which was made as a result of a departure direction.

(2) The regulations may, in particular, provide for the application to be considered by reference to the maintenance assessment which would have been made had the departure direction not been given.

Joint consideration of departure applications and appeals

8

(1) Regulations may provide for two or more departure applications with respect to the same current assessment to be considered together.

(2) An appeal tribunal considering—

(a) a departure application referred to it under section 28D(1)(b), or

(b) an appeal under section 28H,

may consider it at the same time as hearing an appeal under section 20 in respect of the current assessment, if it considers that to be appropriate.

Appeal tribunals

9

(1) Regulations may provide that, in prescribed circumstances, where—

(a) a departure application is referred to an appeal tribunal under section 28D(1)(b), or

(b) an appeal is brought under section 28H,

the application or appeal may be dealt with by a tribunal constituted by the chairman sitting alone.

(2) Sub-paragraph (1) does not apply in relation to any appeal which is being heard together with an appeal under section 20.

Current assessments which are replaced by fresh assessments

10

Regulations may make provision as to the circumstances in which prescribed references in this Act to a current assessment are to have effect as if they were references to any later maintenance assessment made with respect to the same persons as the current assessment.

SCHEDULE 4B

Part I — The Cases

General

1

(1) The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part.

(2) In this Schedule “applicant” means the person whose application for a variation is being considered.

Special expenses

2

(1) A variation applied for by a non-resident parent may be agreed with respect to his special expenses.

(2) In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.

(3) In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to—

(a) costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made ... ;

(b) costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);

(c) debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for ... —

(i) for the joint benefit of both parents;

(ii) for the benefit of any such child; or

(iii) for the benefit of any other child falling within a prescribed category;

(d) boarding school fees for a child in relation to whom the application for a maintenance calculation has been made ... ;

(e) the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and she and a child in relation to whom the application for a maintenance calculation has been made ... still live there.

(4) For the purposes of sub-paragraph (3)(b)—

(a) “disability” and “illness” have such meaning as may be prescribed; and

(b) the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.

(5) For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe—

(a) the meaning of “boarding school fees”; and

(b) components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,

and may provide for estimating any such component.

Property or capital transfers

3

(1) A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—

(a) a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or

(b) an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.

(2) The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—

(a) the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or

(b) no amount was payable by the non-resident parent by way of maintenance.

(3) For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.

4

(1) The Secretary of State may by regulations prescribe other cases in which a variation may be agreed.

(2) Regulations under this paragraph may, for example, make provision with respect to cases where—

(a) the non-resident parent has assets which exceed a prescribed value;

(b) a person’s lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;

(d) a person has unreasonably reduced the income which is taken into account in such a calculation.

Additional cases

5

(1) The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.

(2) No variations may be made other than those which are permitted by the regulations.

(3) Regulations under this paragraph may, in particular, make provision for a variation to result in—

(a) a person’s being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;

(b) a person’s being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.

(4) Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.

(5) Any regulations under this paragraph may in particular make different provision with respect to different levels of income.

Part II — Regulatory Controls

6

The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).

28D

(1) Where an application for a variation has not failed, the Secretary of State shall, in accordance with the relevant provisions of, or made under, this Act—

(a) either agree or not to a variation, and make a decision under section 11 or 12(1); or

(b) refer the application to the First-tier Tribunal for the tribunal to determine what variation, if any, is to be made.

(2) For the purposes of subsection (1), an application for a variation has failed if—

(a) it has ... been withdrawn; or

(b) the Secretary of State has rejected it on completing a preliminary consideration under section 28B; or

(2A) Subsection (2B) applies if—

(a) the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and

(b) it appears to the Secretary of State that consideration of further information or evidence may affect the decision under subsection (1)(a) whether or not to agree to a variation.

(2B) Before making the decision under subsection (1)(a) the Secretary of State must—

(a) consider any such further information or evidence that is available to the Secretary of State, and

(b) where necessary, take such steps as the Secretary of State considers appropriate to obtain any such further information or evidence.

(3) In dealing with an application for a variation which has been referred to it under subsection (1)(b), the First-tier Tribunal shall have the same powers, and be subject to the same duties, apart from the duty under subsection (2B), as would the Secretary of State in dealing with the application.

28H

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

Decisions and appeals dependent on other cases

28ZA

(1) This section applies where—

(a) a decision by the Secretary of State falls to be made under section 11, 12, 16 or 17 ... ; and

(b) an appeal is pending against a decision given in relation to a different matter by the Upper Tribunal or a court.

(2) If the Secretary of State considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a) the Secretary of State need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b) the Secretary of State may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3) Where the Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal the Secretary of State shall if appropriate revise the decision (under section 16) in accordance with that determination.

(4) For the purposes of this section, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5) In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—

(a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

28ZB

(1) This section applies where—

(a) an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and

(b) an appeal (“appeal B”) is pending against a decision given in a different case by the Upper Tribunal or a court.

(2) If the Secretary of State considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, the Secretary of State may serve notice requiring the First-tier Tribunal or Upper Tribunal—

(a) not to determine appeal A but to refer it to the Secretary of State; or

(b) to deal with the appeal in accordance with subsection (4).

(3) Where appeal A is referred to the Secretary of State under subsection (2)(a), following the determination of appeal B and in accordance with that determination, the Secretary of State shall if appropriate—

(a) in a case where appeal A has not been determined by the First-tier Tribunal, revise (under section 16) the decision which gave rise to that appeal; or

(b) in a case where appeal A has been determined by the First-tier Tribunal, make a decision (under section 17) superseding the tribunal’s decision.

(4) Where appeal A is to be dealt with in accordance with this subsection, the First-tier Tribunal or Upper Tribunal shall either—

(a) stay appeal A until appeal B is determined; or

(b) if the First-tier Tribunal or Upper Tribunal considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i) appeal B had already been determined; and

(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision or the imposition of the requirement mentioned in subsection (1)(a).

(5) Where the First-tier Tribunal or Upper Tribunal acts in accordance with subsection (4)(b), following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the First-tier Tribunal or Upper Tribunal in accordance with that determination.

(6) For the purposes of this section, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(7) In this section—

(a) the reference in subsection (1)(a) to an appeal to the Upper Tribunal includes a reference to an application for leave to appeal to the Upper Tribunal; and

(b) any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—

(i) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(ii) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(8) Regulations may make provision supplementing that made by this section.

Cases of error

28ZC

(1) Subject to subsection (2), this section applies where—

(a) the effect of the determination, whenever made, of an appeal to the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

(b) after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this section, fall to be so made)—

(i) with respect to an application for a maintenance calculation (made after the commencement date) ... ;

(ii) as to whether to revise, under section 16, any decision (made after the commencement date) referred to in section 16(1A); or

(iii) on an application under section 17 (made after the commencement date) for any decision (made after the commencement date) referred to in section 17(1).

(2) This section does not apply where the decision of the Secretary of State mentioned in subsection (1)(b)—

(a) is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or

(b) is one made in pursuance of section 28ZB(3) or (5).

(3) In so far as the decision relates to a person’s liability ... in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law.

(4) Subsection (1)(a) shall be read as including a case where—

(a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

(b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

(5) It is immaterial for the purposes of subsection (1)—

(a) where such a decision as is mentioned in paragraph (b)(i) falls to be made; or

(b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,

whether the application was made before or after the date of the relevant determination.

(6) In this section—

“adjudicating authority” means the Secretary of State, or a child support officer or, in the case of a decision made on a referral under section 28D(1)(b), the First-tier Tribunal;

“the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and

“the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the Supreme Court or the Court of Justice of the European Community.

(7) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.

(8) Regulations made under subsection (7) may include provision—

(a) for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or the Upper Tribunal; or

(b) for a determination of a lower court or the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.

28ZD

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision of the Secretary of State or record of a decision of the Secretary of State given under this Act; ...

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

(2) Nothing in subsection (1) shall be construed as derogating from any power to correct errors ... which is exercisable apart from regulations made by virtue of that subsection.

46A

(1) Subject to the provisions of this Act and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision of ... the Secretary of State or the First-tier Tribunal made in accordance with the foregoing provisions of this Act shall be final.

(2) If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a) further such decisions;

(b) decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and

46B

(1) Regulations may make provision as respects matters arising pending—

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

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

(2) Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).

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

SCHEDULE 4C

Revision of decisions

1

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

Decisions superseding earlier decisions

2

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

Appeals to appeal tribunals

3

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

Decisions and appeals dependent on other cases

4

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

5

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

Cases of error

6

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

1A

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

Matters to be taken into account.

Voluntary payments

28J

(1) This section applies where—

(a) a person has applied for a maintenance calculation under section 4(1) or 7(1) ... ;

(b) the Secretary of State has neither made a decision under section 11 or 12 on the application, nor decided not to make a maintenance calculation; and

(2) A “voluntary payment” is a payment—

(a) on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the Secretary of State has agreed to give); and

(b) made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the Secretary of State has notified the non-resident parent that the Secretary of State has decided not to make a maintenance calculation.

(3) In such circumstances and to such extent as may be prescribed—

(a) the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;

(b) the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.

(4) A voluntary payment shall be made to the Secretary of State unless the Secretary of State agrees, on such conditions as the Secretary of State may specify, that it may be made to the person with care, or to or through another person.

(5) The Secretary of State may by regulations make provision as to voluntary payments, and the regulations may in particular—

(a) prescribe what payments or descriptions of payment are, or are not, to count as “voluntary payments”;

(b) prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.

39A

(1) Where the Secretary of State has sought—

(a) in England and Wales to recover an amount by virtue of section 35(1); or

(b) to recover an amount by virtue of section 36 or 38,

and that amount, or any portion of it, remains unpaid the Secretary of State may apply to the court under this section.

(2) An application under this section is for whichever the court considers appropriate in all the circumstances of—

(a) the issue of a warrant committing the liable person to prison; or

(b) an order for him to be disqualified from holding or obtaining a driving licence.

(3) On any such application the court shall (in the presence of the liable person) inquire as to—

(a) whether he needs a driving licence to earn his living;

(b) his means; and

(4) The Secretary of State may make representations to the court as to whether the Secretary of State thinks it more appropriate to commit the liable person to prison or to disqualify him from holding or obtaining a driving licence; and the liable person may reply to those representations.

(5) In this section and section 40B, “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.

(6) In this section “the court” means—

(a) in England and Wales, a magistrates’ court;

(b) in Scotland, the sheriff.

40A

(1) If, but only if, the sheriff is satisfied that there has been wilful refusal or culpable neglect on the part of the liable person he may—

(a) issue a warrant for his committal to prison; or

(b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as he thinks just.

(2) A warrant under this section—

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

(i) the appropriate amount under section 38; and

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

(b) shall state that amount.

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

(4) 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.

(5) The maximum period of imprisonment which may be imposed by virtue of subsection (4) is six weeks.

(6) 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.

(7) A warrant issued under this section may be directed to such person as the sheriff thinks fit.

(8) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make provision—

(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 sufficient 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, the sheriff may issue a citation to him to appear before the sheriff and (if he does not obey) may issue a warrant for his arrest;

(e) that for the purpose of enabling such an inquiry, the sheriff may issue a warrant for the liable person’s arrest without issuing a citation;

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

40B

(1) 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) order him to be disqualified, for such period specified in the order but not exceeding two years as it thinks fit, from holding or obtaining a driving licence (a “disqualification order”); or

(b) make a disqualification order but suspend its operation until such time and on such conditions (if any) as it thinks just.

(2) The court may not take action under both section 40 and this section.

(3) A disqualification order must state the amount in respect of which it is made, which is to be the aggregate of—

(a) 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

(b) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under section 39A.

(4) A court which makes a disqualification order shall require the person to whom it relates to produce any driving licence held by him, ...

(5) On an application by the Secretary of State or the liable person, the court—

(a) may make an order substituting a shorter period of disqualification, or make an order revoking the disqualification order, if part of the amount referred to in subsection (3) (the “amount due”) is paid to any person authorised to receive it; and

(b) must make an order revoking the disqualification order if all of the amount due is so paid.

(6) The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order revoking the disqualification order under subsection (5)(a), and the person liable may reply to those representations.

(7) The Secretary of State may make a further application under section 39A if the amount due has not been paid in full when the period of disqualification specified in the disqualification order expires.

(8) Where a court—

(a) makes a disqualification order;

(b) makes an order under subsection (5); or

it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.

(9) Where a court makes a disqualification order, it shall also send the driving licence ... , on its being produced to the court, to the Secretary of State at such address as the Secretary of State may determine.

(10) Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a disqualification order under this section in relation to a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.

(11) The Secretary of State may by regulations make provision in relation to disqualification orders corresponding to the provision he may make under section 40(11).

(12) In the application to Scotland of this section—

(a) in subsection (2) for “section 40” substitute “section 40A”;

(b) in subsection (3) for paragraph (a) substitute—

(a) the appropriate amount under section 38;

;

(d) for subsection (11) substitute—

(11) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make, in relation to disqualification orders, provision corresponding to that which may be made by virtue of section 40A(8).

Penalty payments.

41A

(1) The Secretary of State may by regulations make provision for the payment to the Secretary of State by non-resident parents who are in arrears with payments of child support maintenance of penalty payments determined in accordance with the regulations.

(2) The amount of a penalty payment in respect of any week may not exceed 25% of the amount of child support maintenance payable for that week, but otherwise is to be determined by the Secretary of State.

(3) The liability of a non-resident parent to make a penalty payment does not affect his liability to pay the arrears of child support maintenance concerned.

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

(a) as to the time at which a penalty payment is to be payable;

(b) for the Secretary of State to waive a penalty payment, or part of it.

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

(a) the collection of child support maintenance;

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

apply equally (with any necessary modifications) to penalty payments payable by virtue of regulations under this section.

(6) The Secretary of State shall pay penalty payments received by the Secretary of State into the Consolidated Fund.

Commitment to prison.

Interpretation.

General rule

Basic rate

Reduced rate

Flat rate

Nil rate

Apportionment

Shared care—basic and reduced rate

Shared care—flat rate

Regulations about shared care

Gross weekly income

Regulations about rates, figures, etc.

10A

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

(a) paragraph 2 is to have effect as if different percentages were substituted for those set out there;

(b) paragraph 2(2), 3(1) or (3), 4(1), 5, 5A(2), 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.

(2) The Secretary of State may by regulations provide that—

(a) the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;

(b) paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.

Regulations about income

10B

The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—

(a) where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his gross weekly income, his gross weekly income shall be taken to include income from that source of an amount estimated by the Secretary of State;

(b) a person is to be treated as possessing income which he does not possess;

References to various terms

10C

(1) References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made or with respect to whom a maintenance calculation in respect of the non-resident parent has effect.

(2) References in this Part of this Schedule to “relevant other children” are to—

(a) children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits Act 1992; and

(b) such other description of children as may be prescribed.

(3) In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.

(4) In this Part of this Schedule, a person’s “partner” is—

(a) if they are a couple, the other member of that couple;

(b) if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.

(5) In sub-paragraph (4)(a), “couple” means—

(a) two people who are married to, or civil partners of, each other and are members of the same household, or

(b) two people who are not married to, or civil partners of, each other but are living together as a married couple or civil partners.

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

Applications for a variation

Joint consideration of applications for a variation and appeals

14A

(1) This section applies to—

(a) persons who are required to comply with regulations under section 4(4) or 7(5); and

(b) persons specified in regulations under section 14(1)(a).

(2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—

(a) he makes a statement or representation which he knows to be false; or

(b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

(3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.

(3A) In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify—

(a) a change of address, or

(b) any other change of circumstances,

a person who fails to comply with the requirement is guilty of an offence.

(4) It is a defence for a person charged with an offence under subsection (3) or (3A) to prove that he had a reasonable excuse for failing to comply.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) In England and Wales, an information relating to an offence under subsection (2) may be tried by a magistrates' court if it is laid within the period of 12 months beginning with the commission of the offence.

(7) In Scotland, summary proceedings for an offence under subsection (2) may be commenced within the period of 12 months beginning with the commission of the offence.

(8) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date when proceedings deemed to be commenced) applies for the purposes of subsection (7) as it applies for the purposes of that section.

23A

(1) This section applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 20.

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

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.

(4) The “principal parties” are—

(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) the Secretary of State; and

(b) those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.

3

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

Period for which orders under section 39B are to have effect

50A

Any decision falling to be made under or by virtue of this Act by the Secretary of State may be made, not only by a person authorised to exercise the Secretary of State’s decision-making function, but also by a computer for whose operation such a person is responsible.

32A

(1) If in relation to any person it appears to the Secretary of State—

(a) that the person has failed to pay an amount of child support maintenance; and

(b) that the person holds an account with a deposit-taker;

the Secretary of State may make an order against that person to secure the payment of any amount due under the maintenance calculation in question by means of regular deductions from the account.

(2) An order under this section 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 payable under the calculation; or

(3) An order under this section may be made in respect of amounts due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—

(a) that liability for the amounts would not be affected were the appeal to succeed; or

(b) where paragraph (a) does not apply, that the making of an order under this section in respect of the amounts would nonetheless be fair in all the circumstances.

(4) An order under this section—

(a) may not be made in respect of an account of a prescribed description; and

(b) may be made in respect of a joint account which is held by the person against whom the order is made and one or more other persons, and which is not of a description prescribed under paragraph (a), if (but only if) regulations made by the Secretary of State so provide.

(5) An order under this section—

(a) shall specify the account in respect of which it is made;

(b) shall be expressed to be directed at the deposit-taker with which the account is held; and

(6) An order under this section shall operate as an instruction to the deposit-taker at which it is directed to—

(a) make deductions from the amount (if any) standing to the credit of the account specified in the order; and

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

(7) The Secretary of State shall serve a copy of any order made under this section on—

(a) the deposit-taker at which it is directed;

(b) the person against whom it is made; and

(8) Where—

(a) an order under this section has been made; and

(b) a copy of the order has been served on the deposit-taker at which it is directed,

it shall be the duty of that deposit-taker to comply with the order; but the deposit-taker shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the day on which the copy was served on the deposit-taker.

(9) Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay an amount of child support maintenance unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.

32B

(1) Before making an order under section 32A in respect of a joint account the Secretary of State shall offer each of the account-holders an opportunity to make representations about—

(a) the proposal to make the order; and

(b) the amounts to be deducted under the order, if it is made.

(2) The amounts to be deducted from a joint account under such an order shall not exceed the amounts that appear to the Secretary of State to be fair in all the circumstances.

(3) In determining those amounts the Secretary of State shall have particular regard to—

(a) any representations made in accordance with subsection (1)(b);

(b) the amount contributed to the account by each of the account-holders; and

32C

(1) The Secretary of State may by regulations make provision with respect to orders under section 32A.

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

(a) requiring an order to specify the amount or amounts in respect of which it is made;

(b) requiring an order to specify the amounts which are to be deducted under it in order to meet liabilities under the maintenance calculation in question;

(d) for the rate of deduction under an order not to exceed such rate as may be specified in, or determined in accordance with, the regulations;

(e) as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of section 32A;

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

(g) allowing the deposit-taker at which an order is directed to deduct from the amount standing to the credit of the account specified in the order a prescribed amount towards its administrative costs before making any deduction required by section 32A(6)(a);

(h) with respect to notifications to be given to the person against whom an order is made (and, in the case of an order made in respect of a joint account, to the other account-holders) of amounts deducted, and amounts paid, under the order;

(i) requiring the deposit-taker at which an order is directed to notify the Secretary of State in the prescribed manner and within a prescribed period—

(i) if the account specified in the order does not exist at the time at which the order is served on the deposit-taker;

(ii) of any other accounts held with the deposit-taker at that time by the person against whom the order is made;

(j) requiring the deposit-taker at which an order is directed to notify the Secretary of State in the prescribed manner and within a prescribed period if, after the time at which the order is served on the deposit-taker—

(i) the account specified in the order is closed;

(ii) a new account of any description is opened with the deposit-taker by the person against whom the order is made;

(k) as to circumstances in which the deposit-taker at which an order is directed, the person against whom the order is made and (in the case of an order made in respect of a joint account) the other account-holders may apply to the Secretary of State for the Secretary of State to review the order and as to such a review;

(l) for the variation of orders;

(m) similar to that made by section 32A(8), in relation to any variation of an order;

(n) for an order to lapse in such circumstances as may be prescribed;

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

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

(q) as to the giving of notice by the Secretary of State to the deposit-taker that an order has lapsed or ceased to have effect.

(3) The Secretary of State may by regulations make provision with respect to priority as between an order under section 32A and—

(a) any other order under that section;

(b) any order under any other enactment relating to England and Wales which provides for deductions from the same account;

(4) The Secretary of State shall by regulations make provision for any person affected to have a right to appeal to a court—

(a) against the making of an order under section 32A;

(b) against any decision made by the Secretary of State on an application under regulations made under subsection (2)(k).

(5) On an appeal under regulations made under subsection (4)(a), the court shall not question the maintenance calculation by reference to which the order was made.

(6) Regulations under subsection (4) 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 the court to which the appeal under the regulations lies.

32D

(1) A person who fails to comply with the requirements of—

(a) an order under section 32A, or

(b) any regulation under section 32C which is designated by the regulations for the purposes of this paragraph,

commits an offence.

(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that the person took all reasonable steps to comply with the requirements in question.

(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.

32E

(1) The Secretary of State may make an order under this section if it appears to the Secretary of State that a person (referred to in this section and sections 32F to 32J as “the liable person”) has failed to pay an amount of child support maintenance and—

(a) an amount stands to the credit of an account held by the liable person with a deposit-taker; or

(b) an amount not within paragraph (a) that is of a prescribed description is due or accruing to the liable person from another person (referred to in this section and sections 32F to 32J as the “third party”).

(2) An order under this section—

(a) may not be made by virtue of subsection (1)(a) in respect of an account of a prescribed description; and

(b) may be made by virtue of subsection (1)(a) in respect of a joint account which is held by the liable person and one or more other persons, and which is not of a description prescribed under paragraph (a) of this subsection, if (but only if) regulations made by the Secretary of State so provide.

(3) The Secretary of State may by regulations make provision as to conditions that are to be disregarded in determining whether an amount is due or accruing to the liable person for the purposes of subsection (1)(b).

(4) An order under this section—

(a) shall be expressed to be directed at the deposit-taker or third party in question;

(b) if made by virtue of subsection (1)(a), shall specify the account in respect of which it is made; and

(c) shall specify the amount of arrears of child support maintenance in respect of which the Secretary of State proposes to make an order under section 32F.

(5) An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—

(a) that liability for the amount would not be affected were the appeal to succeed; or

(b) where paragraph (a) does not apply, that the making of an order under section 32F in respect of the amount would nonetheless be fair in all the circumstances.

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

(a) the deposit-taker or third party at which it is directed;

(b) the liable person; and

(7) An order under this section shall come into force at the time at which it is served on the deposit-taker or third party at which it is directed.

(8) An order under this section shall cease to be in force at the earliest of the following—

(a) the time at which the prescribed period ends;

(b) the time at which the order under this section lapses or is discharged; and

(c) the time at which an order under section 32F made in pursuance of the proposal specified in the order under this section is served on the deposit-taker or third party at which that order is directed.

(9) Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay the amount unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.

32F

(1) The Secretary of State may make an order under this section in pursuance of a proposal specified in an order under section 32E if—

(a) the order in which the proposal was specified (“the interim order”) is in force;

(b) the period prescribed for the making of representations to the Secretary of State in respect of the proposal specified in the interim order has expired; and

(2) An order under this section—

(a) shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;

(b) if the interim order was made by virtue of section 32E(1)(a), shall specify the account specified in the interim order; and

(3) The amount so specified—

(a) shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this section is made; and

(b) if the order is made in respect of a joint account, shall not exceed the amount that appears to the Commission to be fair in all the circumstances.

(4) In determining the amount to be specified in an order made in respect of a joint account the Secretary of State shall have particular regard—

(a) to the amount contributed to the account by each of the account-holders; and

(b) to such other matters as may be prescribed.

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