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

(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 this section 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

32G

(1) During the relevant period, an order under section 32E or 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it).

(2) During the relevant period, any other order under section 32E or 32F shall operate as an instruction to the third party at which it is directed not to do anything that would reduce the amount due to the liable person below the amount specified in the order (or, if already below that amount, that would further reduce it).

(3) Subsections (1) and (2) have effect subject to regulations made under section 32I(1).

(4) In this section “the relevant period”, in relation to an order under section 32E, means the period during which the order is in force.

(5) In this section and section 32H “the relevant period”, in relation to an order under section 32F, means the period which—

(a) begins with the service of the order on the deposit-taker or third party at which it is directed; and

(b) (subject to subsection (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under section 32J(5).

(6) If an appeal is brought by virtue of the regulations, the relevant period ends at the time at which—

(a) proceedings on the appeal (including any proceedings on a further appeal) have been concluded; and

(b) any period during which a further appeal may ordinarily be brought has ended.

(7) References in this section and sections 32H and 32J to the amount due to the liable person are to be read as references to the total of any amounts within section 32E(1)(b) that are due or accruing to the liable person from the third party in question.

32H

(1) Once the relevant period has ended, an order under section 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker—

(a) if the amount standing to the credit of the account is less than the remaining amount, to pay to the Secretary of State the amount standing to the credit of the account; and

(b) otherwise, to deduct from the account and pay to the Secretary of State the remaining amount.

(2) If an amount of arrears specified in the order remains unpaid after any payment required by subsection (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker—

(a) to pay to the Secretary of State any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and

(b) not to do anything else that would reduce the amount standing to the credit of the account.

(3) Once the relevant period has ended, any other order under section 32F shall operate as an instruction to the third party at which it is directed—

(a) if the amount due to the liable person is less than the remaining amount, to pay to the Secretary of State the amount due to the liable person; and

(b) otherwise, to deduct from the amount due to the liable person and pay to the Secretary of State the remaining amount.

(4) If an amount of arrears specified in the order remains unpaid after any payment required by subsection (3) has been made, the order shall operate until the relevant time as an instruction to the third party—

(a) to pay to the Secretary of State any amount (not exceeding the remaining amount) due to the liable person; and

(b) not to do anything else that would reduce any amount due to the liable person.

(5) This section has effect subject to regulations made under sections 32I(1) and 32J(2)(c).

(6) In this section—

“the relevant time” means the earliest of the following—the time at which the remaining amount is paid;the time at which the order lapses or is discharged; andthe time at which a prescribed event occurs or prescribed circumstances arise;

“the remaining amount”, in relation to any time, means the amount of arrears specified in the order under section 32F which remains unpaid at that time.

32I

(1) The Secretary of State may by regulations make provision as to circumstances in which things that would otherwise be in breach of sections 32G(1) and (2) and 32H(2)(b) and (4)(b) may be done.

(2) Regulations under subsection (1) may require the Secretary of State’s consent to be obtained in prescribed circumstances.

(3) Regulations under subsection (1) which require the Secretary of State’s consent to be obtained may provide for an application for that consent to be made—

(a) by the deposit-taker or third party at which the order under section 32E or 32F is directed;

(b) by the liable person; and

(4) If regulations under subsection (1) require the Secretary of State’s consent to be obtained, the Secretary of State shall by regulations provide for a person of a prescribed description to have a right of appeal to a court against the withholding of that consent.

(5) 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.

32J

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

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

(a) as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of sections 32E, 32G and 32H;

(b) as to the payment to the Secretary of State of sums deducted under an order under section 32F;

(c) allowing a deposit-taker or third party at which an order under section 32F is directed to deduct from the amount standing to the credit of the account specified in the order, or due to the liable person, a prescribed amount towards its administrative costs before making any payment to the Secretary of State required by section 32H;

(d) with respect to notifications to be given to the liable person (and, in the case of an order made in respect of a joint account, to the other account-holders) as to amounts deducted, and amounts paid, under an order under section 32F;

(e) requiring a deposit-taker or third party at which an order under section 32E or 32F is directed to supply information of a prescribed description to the Secretary of State, or to notify the Secretary of State if a prescribed event occurs or prescribed circumstances arise;

(f) for the variation of an order under section 32E or 32F;

(g) for an order under section 32E or 32F to lapse in such circumstances as may be prescribed;

(h) as to the revival of an order under section 32E or 32F in such circumstances as may be prescribed;

(i) allowing or requiring an order under section 32E or 32F to be discharged.

(3) Where regulations under subsection (1) make provision for the variation of an order under section 32E or 32F, the power to vary the order shall not be exercised so as to increase the amount of arrears of child support maintenance specified in the order.

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

(a) any other order under that section;

(b) any order under any other enactment relating to England and Wales which provides for payments to be made from amounts to which the order under section 32F relates;

(5) The Secretary of State shall by regulations make provision for any person affected by an order under section 32F to have a right to appeal to a court against the making of the order.

(6) On an appeal under regulations under subsection (5), the court shall not question the maintenance calculation by reference to which the order under section 32F was made.

(7) Regulations under 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 with respect to the powers of the court to which the appeal under the regulations lies.

32K

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

(a) an order under section 32E or 32F; or

(b) any regulation under section 32J 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.

41C

(1) The Secretary of State may by regulations—

(a) make provision enabling the Secretary of State in prescribed circumstances to set off liabilities to pay child support maintenance to which this section applies;

(b) make provision enabling the Secretary of State in prescribed circumstances to set off against a person's liability to pay child support maintenance to which this section applies a payment made by the person which is of a prescribed description.

(2) Liability to pay child support maintenance shall be treated as satisfied to the extent that it is the subject of setting off under regulations under subsection (1).

(3) In subsection (1), the references to child support maintenance to which this section applies are to child support maintenance for the collection of which the Secretary of State is authorised to make arrangements.

43A

(1) The Secretary of State may by regulations make provision for the recovery from the estate of a deceased person of arrears of child support maintenance for which the deceased person was liable immediately before death.

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

(a) make provision for arrears of child support maintenance for which a deceased person was so liable to be a debt payable by the deceased's executor or administrator out of the deceased's estate to the Secretary of State;

(b) make provision for establishing the amount of any such arrears;

(3) Regulations under subsection (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.

32L

(1) The Secretary of State may apply to the court, on the grounds that a person—

(a) has failed to pay an amount of child support maintenance, and

(b) with the intention of avoiding payment of child support maintenance, is about to make a disposition or to transfer out of the jurisdiction or otherwise deal with any property,

for an order restraining or, in Scotland, interdicting the person from doing so.

(2) The Secretary of State may apply to the court, on the grounds that a person—

(a) has failed to pay an amount of child support maintenance, and

(b) with the intention of avoiding payment of child support maintenance, has at any time made a reviewable disposition,

for an order setting aside or, in Scotland, reducing the disposition.

(3) If the court is satisfied of the grounds mentioned in subsection (1) or (2) it may make an order under that subsection.

(4) Where the court makes an order under subsection (1) or (2) it may make such consequential provision by order or directions as it thinks fit for giving effect to the order (including provision requiring the making of any payments or the disposal of any property).

(5) Any disposition is a reviewable disposition for the purposes of subsection (2), unless it was made for valuable or, in Scotland, adequate consideration (other than marriage or formation of civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of an intention to avoid payment of child support maintenance.

(6) Subsection (7) applies where an application is made under this section with respect to—

(a) a disposition or other dealing with property which is about to take place, or

(b) a disposition which took place after the making of the application on which the maintenance calculation concerned was made.

(7) If the court is satisfied—

(a) in a case falling within subsection (1), that the disposition or other dealing would (apart from this section) have the consequence of making ineffective a step that has been or may be taken to recover the amount outstanding, or

(b) in a case falling within subsection (2), that the disposition has had that consequence,

it is to be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of avoiding payment of child support maintenance.

(8) In this section “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.

(9) This section does not apply to a disposition made before the coming into force of section 24 of the Child Maintenance and Other Payments Act 2008.

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

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

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

(11) An order under this section interdicting a person—

(a) is effective for such period (including an indefinite period) as the order may specify;

(b) may, on application to the court, be varied or recalled.

41D

(1) The Secretary of State may, in relation to any arrears of child support maintenance, accept payment of part in satisfaction of liability for the whole.

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

(3) The regulations must provide that unless one of the conditions in subsection (4) is satisfied the Secretary of State may not exercise the power under subsection (1) without the appropriate consent.

(4) The conditions are—

(a) that the Secretary of State would be entitled to retain the whole of the arrears under section 41(2) if Secretary of State recovered them;

(b) that the Secretary of State would be entitled to retain part of the arrears under section 41(2) if Secretary of State recovered them, and the part of the arrears that the Secretary of State would not be entitled to retain is equal to or less than the payment accepted under subsection (1).

(5) Unless the maintenance calculation was made under section 7, the appropriate consent is the written consent of the person with care with respect to whom the maintenance calculation was made.

(6) If the maintenance calculation was made under section 7, the appropriate consent is—

(a) the written consent of the child who made the application under section 7(1), and

(b) if subsection (7) applies, the written consent of the person with care of that child.

(7) This subsection applies if—

(a) the maintenance calculation was made under section 7(2), or

(b) the Secretary of State has made arrangements under section 7(3) on the application of the person with care.

41E

(1) The Secretary of State may extinguish liability in respect of arrears of child support maintenance if it appears to the Secretary of State—

(a) that the circumstances of the case are of a description specified in regulations made by the Secretary of State, and

(b) that it would be unfair or otherwise inappropriate to enforce liability in respect of the arrears.

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

51A

(1) Any regulations made under this Act may be made so as to have effect for a specified period not exceeding 24 months.

(2) Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.

(3) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified classes of person;

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(6) This section does not apply to regulations under—

(a) subsection (2A) of section 20 as substituted by section 10 of the Child Support, Pensions and Social Security Act 2000;

(b) subsection (3A) of section 20 as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act 2000.

Non-resident parent party to other maintenance arrangement

5A

(1) This paragraph applies where—

(a) the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and

(b) the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.

(2) The weekly rate of child support maintenance is the greater of £7 and the amount found as follows.

(3) First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.

(4) Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.

(5) Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.

(6) For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—

(a) liable to pay maintenance or aliment for the child under a maintenance order, or

(b) a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,

and the child is habitually resident in the United Kingdom.

49D

(1) Subject to subsection (3), the Secretary of State may supply qualifying information to a credit reference agency for use for the purpose of furnishing information relevant to the financial standing of individuals.

(2) The reference in subsection (1) to qualifying information is to information which—

(a) is held by the Secretary of State for the purposes of this Act,

(b) relates to a person who is liable to pay child support maintenance, and

(3) Information may not be supplied under subsection (1) without the consent of the person to whom it relates, unless a liability order against that person is in force.

(4) No provision may be made under section 14(3) authorising the supply of information by the Secretary of State to credit reference agencies.

(5) In this section, “credit reference agency” has the same meaning as in the Consumer Credit Act 1974.

39B

(1) The Secretary of State may apply to the court for an order under this section against a person where—

(a) the Secretary of State has sought to recover an amount from the person by means of taking enforcement action by virtue of section 35 or 38, or by means of a third party debt order or a charging order by virtue of section 36;

(b) the whole or any part of the amount remains unpaid; and

(c) the Secretary of State is of the opinion that there has been wilful refusal or culpable neglect on the part of the person.

(2) For the purposes of subsection (1)(a), the Secretary of State is to be taken to have sought to recover an amount by means of a charging order if an interim charging order has been made, whether or not any further steps have been taken to recover the amount.

(3) A person against whom an order under this section is made is disqualified for holding or obtaining a travel authorisation while the order has effect.

(4) On an application under subsection (1) for an order against a person the court shall (in the presence of that person) inquire as to—

(a) whether the person needs a travel authorisation to earn a living;

(b) the person's means;

(5) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the person, it may make an order under this section.

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

(7) On an application under subsection (1) the court shall not question—

(a) the liability order by reference to which the Secretary of State acted as mentioned in paragraph (a) of that subsection; or

(b) the maintenance calculation by reference to which that liability order was made.

(8) An order under this section shall specify the amount in respect of which it is made, which shall be the aggregate of—

(a) the amount sought to be recovered as mentioned in subsection (1)(a), or so much of it as remains unpaid; and

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

(9) A court which makes an order under this section shall require the person to whom it relates to produce any travel authorisation that the person holds.

(10) The court shall send to the prescribed person any travel authorisation produced to the court under subsection (9).

(11) Where a court—

(a) makes an order under this section, or

(b) allows an appeal against such an order,

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.

(12) In this section “travel authorisation” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b) an ID card issued under the Identity Cards Act 2006 that records that the person to whom it has been issued is a British citizen.

(13) In this section (except for the purposes of subsection (11)(b)) and in sections 39C to 39E, “court” means—

(a) in relation to England and Wales, a magistrates' court;

(b) in relation to Scotland, the sheriff.

39C

(1) Disqualification by an order under section 39B shall be for such period not exceeding two years as the court may specify in the order.

(2) On making an order under section 39B, the court may include in the order provision suspending the running of the period for which the order is to have effect until such day and on such conditions (if any) as the court thinks just.

(3) After making such an order the court may by order suspend the running of the period for which it has effect until such day and on such conditions (if any) as the court thinks just.

(4) The powers conferred by subsections (2) and (3) may be exercised by the court only—

(a) if the person against whom the order under section 39B is made agrees to pay the amount specified in the order; or

(b) if the court is satisfied that the suspension in question is justified by exceptional circumstances.

(5) The Secretary of State may make a further application under section 39B if the amount specified in an order under that section has not been paid in full by the end of the period for which the order has effect.

39D

(1) On making an order under section 39B the court may order the person against whom the order is made to be searched.

(2) Any money found on such a search shall, unless the court otherwise directs, be applied towards payment of the amount specified under section 39B(8); and the balance (if any) shall be returned to the person searched.

(3) The court shall not allow the application under subsection (2) of money found on a search under subsection (1) if it is satisfied that the money does not belong to the person searched.

39E

(1) If part of the amount specified in an order under section 39B is paid to any person authorised to receive it, the court may, on an application made by the Secretary of State or the person against whom the order is made, by order—

(a) reduce the period for which the order under section 39B is to have effect; or

(b) revoke the order under section 39B.

(2) If the whole of the amount specified in an order under section 39B is paid to any person authorised to receive it, the court shall, on an application made by the Secretary of State or the person against whom the order is made, by order revoke the order under section 39B.

(3) The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order under subsection (1) revoking an order under section 39B, and the person against whom the order was made may reply to those representations.

(4) The court may exercise the powers conferred on it by subsection (1) or (2) without the need for an application where money found on a search under section 39D(1) is applied towards payment of the amount specified in the order under section 39B.

(5) Where a court makes an order under this section, it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.

39F

The Secretary of State may by regulations—

(a) make provision in relation to orders under section 39B corresponding to the provision that may be made under section 40(11);

(b) make provision for sections 39C to 39E to have effect with prescribed modifications in cases where a person against whom an order under section 39B has effect is outside the United Kingdom.

39G

(1) In their application to Scotland, sections 39B and 39F have effect with the following modifications.

(2) In section 39B(6) for “section 40” substitute “ section 40A ”.

(3) For section 39F substitute—

(39F) In relation to orders under section 39B— (a) the Secretary of State may by regulations make provision— (i) for sections 39C to 39E to have effect with prescribed modifications in cases where a person against whom such an order has effect is outside the United Kingdom; (ii) that a statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of the person's employer, shall be sufficient evidence of the facts stated; and (b) 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 corresponding to that which may be made by virtue of section 40A(8).

Arrears of child support maintenance.

Financial provisions.

15A

(1) The appropriate court may issue a warrant authorising entry to premises if, on an application made by an inspector, the court is satisfied that—

(a) any of the conditions in subsection (2) is met, and

(b) each of the conditions in subsection (3) is met.

(2) The conditions referred to in subsection (1)(a) are—

(a) that, having attempted to exercise the power conferred by section 15(4), an inspector has been refused entry to the premises,

(b) that it is not practicable to communicate with any person entitled to grant entry to the premises, or

(3) The conditions referred to in subsection (1)(b) are—

(a) that the premises are liable to inspection under section 15 (see section 15(4A)),

(b) that the premises are premises to which it is reasonable for an inspector to require entry in order to exercise the inspector’s functions under section 15,

(d) that the occupier has been given at least 21 days’ notice of intention to apply for a warrant.

(4) An application for a warrant must be supported—

(a) in England and Wales, by an information in writing;

(b) in Scotland, by evidence on oath.

(5) The warrant must specify the premises to which the warrant relates.

(6) A warrant authorises an inspector’s entry to the specified premises, at any reasonable time and either alone or accompanied by such persons as the inspector thinks fit, for the purpose of exercising the inspector’s functions under section 15.

(7) But a warrant does not authorise an inspector to enter those premises at any time when the occupier is temporarily absent.

(8) A warrant ceases to have effect at the end of the period of one month beginning with the day it is issued.

(9) An inspector entering premises under a warrant must, if so required, produce the warrant for inspection by an occupier of the premises.

(10) In this section—

“the appropriate court”—in relation to premises in England and Wales, means a magistrates’ court;in relation to premises in Scotland, means the sheriff or summary sheriff;

“inspector” means an inspector appointed under section 15;

“occupier” and “premises” have the same meanings as in section 15;

“warrant” means a warrant issued under this section.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.