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Section 5 Child support maintenance: supplemental provisions.I1

England, Wales and Scotland

(1)

Where—

(a)

there is more than one person with care of a qualifying child; and

(b)

one or more, but not all, of them have parental responsibility for F1... the child;

no application may be made for a F2maintenance calculation with respect to the child by any of those persons who do not have parental responsibility for ... the child.

(2)

Where more than one application for a maintenance calculation is made with respect to the child concerned, only one of them may be proceeded with.

(3)

The Secretary of State may by regulations make provision as to which of two or more applications for a maintenance calculation with respect to the same child is to be proceeded with.

Annotations

Textual amendments

F1

Words in s. 5(1) repealed (1.11.1996) by Children (Scotland) Act 1995 (c. 36), s. 105(1)(b), Sch. 4 para. 52(3), Sch. 5; S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7)

F2

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.

Commencement

I1

S. 5 wholly in force; s. 5 not in force at Royal Assent see s. 58(2); S. 5(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 5 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.