Child Support Act 1991 in England
1991 c. 48 · Enacted 25 July 1991 · Extends to United Kingdom
An Act to make provision for the F1calculation, collection and enforcement of periodical maintenance payable by certain parents with respect to children of theirs who are not in their care; for the collection and enforcement of certain other kinds of maintenance; and for connected purposes.
[25th July 1991] E1
C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2C3C4C5C6C7C8C9C10C11C12
Annotations to the whole text
Textual amendments
- F1
Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
Modifications
- C1
Act applied (18.6.1992) by The Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628), arts. 16(4), 49, Sch. 2; S.R. 1992/278, art.2, Sch.
- C2
Act applied (4.9.1995) by Child Support Act 1995 (c. 34), s. 27; S.I. 1995/2302, art. 2, Sch. Pt. 1
- C3
Act: definition of "maintenance assessment" extended (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), reg. 125
- C4
Act modified (8.9.1998) by Social Security Act 1998 (c. 14), ss. 2(2)(d), 87(2); S.I. 1998/2209, art. 2, Sch. Pt. 1
- C5
Act: power to amend conferred (2.12.1999) by Northern Ireland Act 1998 (c. 47), s. 87(4)-(6) (with s. 95, Sch. 14); S.I. 1999/3209, art. 2, Sch.
- C6
Act: power to modify conferred (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(2), 62(3); S.I. 2008/1476, art. 2(6)
- C7
Act modified (temp.) (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(1), 62(3); S.I. 2008/1476, art. 2(6)
- C8
Act power to apply (with modifications) conferred (24.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 6(4), 62(3); S.I. 2008/2033, art. 2(1)
- C9
Act functions transferred (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 13, 62(3) (with Sch. 3 Pt. 2); S.I. 2008/2675, art. 3(b) (with art. 4)
- C10
Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2
- C11
Act modified (30.6.2014) by The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 (S.I. 2014/614), reg. 7
- C12
Act applied in part (13.3.2014 for specified purposes, 30.6.2014 in so far as not already in force) by The Child Support Fees Regulations 2014 (S.I. 2014/612), reg. 13; S.I. 2014/1635, art. 4
Extent
- E1
Act: for extent see s. 58(8)-(11)
Contents
- The basic principles
- 1The duty to maintain.
- 2Welfare of children: the general principle.
- 3Meaning of certain terms used in this Act.
- 4Child support maintenance.
- 5Child support maintenance: supplemental provisions.
- 6Applications by those claiming or receiving benefit. Repealed
- 8Role of the courts with respect to maintenance for children.
- 9Agreements about maintenance.
- 10Relationship between maintenance calculations and certain court orders and related matters.
- Maintenance calculations
- 11Maintenance calculations.
- 12Default and interim maintenance decisions.
- Child support officers
- 13Child support officers. Repealed
- Information
- 14Information required by Secretary of State.
- 14AInformation—offences.
- 15Powers of inspectors.
- 15AInspectors: warrants authorising entry
- Reviews and appeals
- 16Revision of decisions
- 17Decisions superseding earlier decisions
- 18Reviews of decisions of child support officers. Repealed
- 19Reviews at instigation of child support officers. Repealed
- 20Appeals to First-tier Tribunal.
- 20ALapse of appeals. Repealed
- 21Child support appeal tribunals. Repealed
- 22Child Support Commissioners. Repealed
- 23Child Support Commissioners for Northern Ireland.
- 23ARedetermination of appeals.
- 24Appeals to Upper Tribunal
- 25Appeal from Child Support Commissioner on question of law. Repealed
- 26Disputes about parentage.
- 27Applications for declaration of parentage under Family Law Act 1986.
- 27ARecovery of fees for scientific tests.
- Decisions and appeals dependent on other cases
- 28ZADecisions involving issues that arise on appeal in other cases
- 28ZBAppeals involving issues that arise on appeal in other cases
- Cases of error
- 28ZCRestrictions on liability in certain cases of error
- 28ZDCorrection of errors and setting aside of decisions
- Variations
- 28AApplication for variation of usual rules for calculating maintenance.
- 28BPreliminary consideration of applications.
- 28CImposition of regular payments condition.
- 28DDetermination of applications.
- 28EMatters to be taken into account.
- 28FAgreement to a variation.
- 28GVariations: revision and supersession.
- 28HDeparture directions: decisions and appeals Repealed
- 28ITransitional provisions. Repealed
- Voluntary payments
- 28JVoluntary payments.
- Collection and enforcement
- 29Collection of child support maintenance.
- 30Collection and enforcement of other forms of maintenance.
- 31Deduction from earnings orders.
- 32Regulations about deduction from earnings orders.
- 32AOrders for regular deductions from accounts
- 32BOrders under section 32A: joint accounts
- 32CRegulations about orders under section 32A
- 32DOrders under section 32A: offences
- 32ELump sum deductions: interim orders
- 32FLump sum deductions: final orders
- 32GOrders under sections 32E and 32F: freezing of accounts etc.
- 32HOrders under section 32F: deductions and payments
- 32IPower to disapply sections 32G(1) and (2) and 32H(2)(b) and (4)(b)
- 32JRegulations about orders under section 32E or 32F
- 32KLump sum deduction orders: offences
- 32LOrders preventing avoidance
- 33Liability orders.
- 34Regulations about liability orders.
- 35Enforcement of liability orders by taking control of goods.
- 36Enforcement in county courts.
- 37Regulations about liability orders: Scotland.
- 38Enforcement of liability orders by diligence: Scotland.
- 39Liability orders: enforcement throughout United Kingdom.
- 39ACommitment to prison and disqualification from driving.
- 39BDisqualification for holding or obtaining United Kingdom passport
- 39CPeriod for which orders under section 39B are to have effect
- 39DPower to order search
- 39EVariation and revocation of orders following payment
- 39FPower to make supplementary provision
- 39GApplication of sections 39B and 39F to Scotland
- 40Commitment to prison.
- 40BDisqualification from driving: further provision.
- 41Arrears of child support maintenance.
- 41APenalty payments.
- 41BRepayment of overpaid child support maintenance.
- 41CPower to treat liability as satisfied
- 41DPower to accept part payment of arrears in full and final satisfaction
- 41EPower to write off arrears
- Special cases
- 42Special cases.
- 43Recovery of child support maintenance by deduction from benefit.
- 43ARecovery of arrears from deceased's estate
- Jurisdiction
- 44Jurisdiction.
- 45Jurisdiction of courts in certain proceedings under this Act.
- Miscellaneous and supplemental
- 46Reduced benefit decisions. Repealed
- 46AFinality of decisions
- 46BMatters arising as respects decisions
- 47Fees.
- 48Right of audience.
- 49DDisclosure of information to credit reference agencies
- 50Unauthorised disclosure of information.
- 50AUse of computers
- 51Supplementary powers to make regulations.
- 51APilot schemes
- 52Regulations and orders.
- 53Financial provisions.
- 54Interpretation.
- 55Meaning of “child”.
- 56Corresponding provision for and co-ordination with Northern Ireland.
- 57Application to Crown.
- 58Short title, commencement and extent, etc.
- Schedule 1: Maintenance Calculations
- Part I: Calculation of weekly amount of child support maintenance
- General rule
- 1Paragraph 1
- Basic rate
- 2Paragraph 2
- Reduced rate
- 3Paragraph 3
- Flat rate
- 4Paragraph 4
- Nil rate
- 5Paragraph 5
- Non-resident parent party to other maintenance arrangement
- 5AParagraph 5A
- Apportionment
- 6Paragraph 6
- Shared care—basic and reduced rate
- 7Paragraph 7
- Shared care—flat rate
- 8Paragraph 8
- Regulations about shared care
- 9Paragraph 9
- Gross weekly income
- 10Paragraph 10
- Regulations about rates, figures, etc.
- 10AParagraph 10A
- Regulations about income
- 10BParagraph 10B
- References to various terms
- 10CParagraph 10C
- Part II: General Provisions About Maintenance Calculations
- Effective date of calculation
- 11Paragraph 11
- Form of calculation
- 12Paragraph 12
- Assessments where amount of child support is nil
- 13Paragraph 13 Repealed
- Consolidated applications and calculations
- 14Paragraph 14
- Separate calculations for different periods
- 15Paragraph 15
- Termination of calculations
- 16Paragraph 16
- Schedule 2: Provision of Information to Secretary of State Repealed
- Inland Revenue records Repealed
- 1Paragraph 1 Repealed
- 1AParagraph 1A Repealed
- Local authority records Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Schedule 3: Child Support Appeal Tribunals Repealed
- The President Repealed
- 1Paragraph 1 Repealed
- Membership of child support appeal tribunals Repealed
- 2Paragraph 2 Repealed
- The chairmen Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Other members of child support appeal tribunals Repealed
- 5Paragraph 5 Repealed
- Clerks of tribunals Repealed
- 6Paragraph 6 Repealed
- Expenses of tribunal members and others Repealed
- 7Paragraph 7 Repealed
- Consultation with Lord Advocate Repealed
- 8Paragraph 8 Repealed
- Schedule 4: Child Support Commissioners for Northern Ireland
- Tenure of office
- 1Paragraph 1
- Commissioners’ remuneration and their pensions
- 2Paragraph 2
- Expenses of other persons
- 2AParagraph 2A Repealed
- Commissioners barred from legal practice
- 3Paragraph 3
- Deputy Child Support Commissioners
- 4Paragraph 4
- Determination of questions by other officers
- 4AParagraph 4A Repealed
- Tribunals of Commissioners
- 5Paragraph 5 Repealed
- Finality of decisions
- 6Paragraph 6 Repealed
- Consultation with Lord Advocate
- 7Paragraph 7 Repealed
- Northern Ireland
- 8Paragraph 8 Repealed
- Schedule 4A: Applications for a variation
- Interpretation
- 1Paragraph 1
- Applications for a variation
- 2Paragraph 2
- Completion of preliminary consideration
- 3Paragraph 3
- Information
- 4Paragraph 4
- Joint consideration of applications for a variation and appeals
- 5Paragraph 5
- Schedule 4B: Applications for a variation: The Cases and Controls
- Part I: The Cases
- General
- 1Paragraph 1
- Special expenses
- 2Paragraph 2
- Property or capital transfers
- 3Paragraph 3
- Additional cases
- 4Paragraph 4
- Part II: Regulatory Controls
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4C: Decisions and Appeals: Departure Directions and Reduced Benefit Directions etc.
- Revision of decisions Repealed
- 1Paragraph 1 Repealed
- Decisions superseding earlier decisions Repealed
- 2Paragraph 2 Repealed
- Appeals to appeal tribunals Repealed
- 3Paragraph 3 Repealed
- Decisions and appeals dependent on other cases Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Cases of error Repealed
- 6Paragraph 6 Repealed
- Schedule 5: Consequential Amendments
- The Tribunals and Inquiries Act 1971 (c.62)
- 1Paragraph 1 Repealed
- The Northern Ireland Constitution Act 1973 (c. 36)
- 2Paragraph 2 Repealed
- The House of Commons Disqualification Act 1975 (c.24)
- 3Paragraph 3
- The Northern Ireland Assembly Disqualification Act 1975 (c.25)
- 4Paragraph 4
- The Family Law (Scotland) Act 1985 (c.37)
- 5Paragraph 5
- Bankruptcy (Scotland) Act 1985 (c.66)
- 6Paragraph 6 Repealed
- The Insolvency Act 1986 (c.45)
- 7Paragraph 7
- The Debtors (Scotland) Act 1987 (c.18)
- 8Paragraph 8