Section 4 Child support maintenance.I1

England, Wales and Scotland

(1)

A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the F1non-resident parent may apply to the F2Secretary of State for a F3maintenance calculation to be made under this Act with respect to that child, or any of those children.

(2)

Where a maintenance calculation has been made in response to an application under this section the F4Secretary of State may, if the person with care F5... applies to the Secretary of State under this subsection, arrange for—

(a)

the collection of the child support maintenance payable in accordance with the F6calculation;

(b)

the enforcement of the obligation to pay child support maintenance in accordance with the calculation.

F7(2A)

The F8Secretary of State may only make arrangements under subsection (2)(a) if—

(a)

the non-resident parent agrees to the arrangements, or

(b)

the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

(3)

Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the F9Secretary of State to take steps to enforce that obligation whenever the Secretary of State considers it necessary to do so, the Secretary of State may act accordingly.

(4)

A person who applies to the F10Secretary of State under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State F11... being provided with the information which is required to enable—

(a)

the non-resident parent to be F12identified or traced (where that is necessary);

(b)

the amount of child support maintenance payable by the non-resident parent to be assessed; and

(c)

that amount to be recovered from the non-resident parent.

(5)

Any person who has applied to the F13Secretary of State under this section may at any time request the Secretary of State to cease acting under this section.

C1(6)

It shall be the duty of the F14Secretary of State to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).

(7)

The obligation to provide information which is imposed by subsection (4)—

(a)

shall not apply in such circumstances as may be prescribed; and

(b)

may, in such circumstances as may be prescribed, be waived by the F15Secretary of State.

(8)

The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

F16(9)

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

C2(F1710)

No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—

(a)

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F18made before a prescribed date, in respect of that child or those children and the person who is, at that time, the non-resident parent; or

(F19aa)

a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or

(F20ab)

a maintenance agreement—

(i)

made on or after the date prescribed for the purposes of paragraph (a); and

(ii)

registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; F21...

(b)

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

F22(11)

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

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: Words in s. 4(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. 1(2), Sch. para. 3(a)
F3: 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.
F4: Words in s. 4(2) 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. 1(2), Sch. para. 3(b)
F5: Words in s. 4(2) repealed (30.6.2014) by Welfare Reform Act 2012 (c. 5), ss. 137(2)(a), 150(3); S.I. 2014/1635, art. 4 (with art. 5)
F6: 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.
F7: S. 4(2A) inserted (30.6.2014) by Welfare Reform Act 2012 (c. 5), ss. 137(2)(b), 150(3); S.I. 2014/1635, art. 4 (with art. 5)
F8: Words in s. 4(2A) 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. 1(2), Sch. para. 106(2)
F9: Words in s. 4(3) 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. 1(2), Sch. para. 3(c)
F10: Words in s. 4(4) 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. 1(2), Sch. para. 3(d)
F11: Words in s. 4(4) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 19, Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)
F12: Words in s. 4(4)(a) inserted (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(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F13: Words in s. 4(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. 1(2), Sch. para. 3(e)
F14: Words in s. 4(6) 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. 1(2), Sch. para. 3(f)
F15: Words in s. 4(7)(b) 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. 1(2), Sch. para. 3(f)
F16: S. 4(9) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F17: S. 4(10)(11) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(1), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F18: Words in s. 4(10)(a) inserted (4.2.2003 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 2(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, arts. 2(a), 3, Sch.
F19: S. 4(10)(aa) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 2(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F20: S. 4(10)(ab) inserted (6.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 35(1), 62(2)
F21: S. 4(10)(b) and preceding word repealed (14.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(3)(c)(4)(5); S.I. 2008/2548, art. 3(d)(i)
F22: S. 4(11) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

Modifications

C1: S. 4(6) modified (5.4.1993) by The Child Support (Maintenance Assessment Procedure) Regulations 1992 (S.I. 1992/1813), reg. 52(8)
C2: S. 4(10): power to exclude conferred (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

Commencement

I1: S. 4 wholly in force; s. 4 not in force at Royal Assent see s. 58(2); s. 4(4)(7)(8) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 4 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2