Section 3 Meaning of certain terms used in this Act.I1

England, Wales and Scotland

(1)

A child is a “qualifying child” if—

(a)

one of his parents is, in relation to him, F1a non-resident parent; or

(b)

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

(2)

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

(a)

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

(b)

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

(3)

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

(a)

with whom the child has his home;

C1 C2 C3 C4(b)

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

(c)

who does not fall within a prescribed category of person.

(4)

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

(a)

parents;

(b)

guardians;

F2(c)

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

(d)

in Scotland, persons F3with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.

(5)

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

(6)

Periodical payments which are required to be paid in accordance with a F4maintenance calculation are referred to in this Act as “child support maintenance”.

(7)

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

Annotations

Textual amendments

F1: Words in Act substituted (31.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(2) (with s. 83(6)); S.I. 2000/3354, art. 2(1)(b); S.I. 2003/192, art. 3, Sch.
F2: S. 3(4)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 52; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F3: Words in s. 3(4)(d) substituted (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(2); S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)
F4: Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

Modifications

C1: S. 3(3)(b) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 2001 (S.I. 2001/155), regs. 1(4), 12(2); S.I. 2003/192, art. 3(1), Sch
C2: S. 3(3)(b) modified (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 2001 (S.I. 2001/155), regs. 1(4), 13(2); S.I. 2003/192, art. 3(1), Sch
C3: S. 3(3)(b) modified (10.12.2012 for specified purposes) by The Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677), regs. 1, 51(2)
C4: S. 3(3)(b) modified (10.12.2012 for specified purposes) by The Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677), regs. 1, 55(2)

Commencement

I1: S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 58(2); s. 3(3)(c) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 3 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

Notes on the whole Act

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.