# Child Support Act 1991, Section 3: Meaning of certain terms used in this Act.

Extent: E+W+S

(1) A child is a “qualifying child” if—
(a) one of his parents is, in relation to him, a non-resident parent; or
(b) both of his parents are, in relation to him, non-resident parents.
(2) The parent of any child is a “non-resident parent”, in relation to him, if—
(a) that parent is not living in the same household with the child; and
(b) the child has his home with a person who is, in relation to him, a person with care.
(3) A person is a “person with care”, in relation to any child, if he is a person—
(a) with whom the child has his home;
(b) who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and
(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;
(c) persons named, in a child arrangements order under section 8 of the Children Act 1989, as persons with whom a child is to live;
(d) in Scotland, persons with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.
(5) For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.
(6) Periodical payments which are required to be paid in accordance with a maintenance calculation are referred to in this Act as “child support maintenance”.
(7) Expressions are defined in this section only for the purposes of this Act.

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Source: https://www.legislation.gov.uk/ukpga/1991/48/section/3 (the official version)
Page: https://openlegislation.uk/child-support-act-1991/section-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

