OpenLegislation

Child Support Act 1995 in Northern Ireland

1995 c. 34 · Enacted 19 July 1995 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 June 2009.

See the changes not yet applied
ProvisionChangeMade by
Sch. 3 para. 10repealedChild Maintenance and Other Payments Act 2008 Sch. 8

An Act to make provision with respect to child support maintenance and other maintenance; and to provide for a child maintenance bonus.

[19th July 1995]

C1C2I1Be it enacted by the Queen’s most Excellent Majesty, by any 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:—

Annotations to the whole text

Modifications

C1

Act modified (8.9.1998) by 1998 c. 14, s. 2(1)(2)(g); S.I. 1998/2209, art. 2(a) Sch. Pt. I

C2

Power to amend Act conferred (2.12.1999) by 1998 c. 47, ss. 87(6)(k), (with s. 95); S.I. 1999/3209, art. 2, Sch.

Commencement

I1

Act partly in force at Royal Assent see s.30.

Contents

  1. 4Determination of applications.
  2. 5Matters to be taken into account.
  3. 17Determination of questions other than by Child Support Commissioners. Repealed
  4. Miscellaneous
  5. 18Deferral of right to apply for maintenance assessment.
  6. Supplemental
  7. 27Interpretation.
  8. 29Provision for Northern Ireland.
  9. 30Short title, commencement, extent etc.
  10. Income and Corporation Taxes Act 1988 (c. 1)
  11. 1Paragraph 1 Repealed
  12. 2Paragraph 2
  13. 8Paragraph 8
  14. 11Paragraph 11
  15. 13Paragraph 13 Not yet in force
  16. 14Paragraph 14
  17. 16Paragraph 16
  18. 18Paragraph 18 Repealed
  19. 19Paragraph 19
  20. Social Security Administration Act 1992 (c. 5)
  21. 20Paragraph 20

4Determination of applications.

In the 1991 Act, insert after section 28C—

“ Determination of applications.

28D
(1)

Where an application for a departure direction has not failed, the Secretary of State shall—

(a)

determine the application in accordance with the relevant provisions of, or made under, this Act; or

(b)

refer the application to a child support appeal tribunal for the tribunal to determine it in accordance with those provisions.

(2)

For the purposes of subsection (1), an application for a departure direction has failed if—

(a)

it has lapsed or been withdrawn; or

(b)

the Secretary of State has rejected it on completing a preliminary consideration under section 28B.

(3)

In dealing with an application for a departure direction which has been referred to it under subsection (1)(b), a child support appeal tribunal shall have the same powers, and be subject to the same duties, as would the Secretary of State if he were dealing with the application.”

5Matters to be taken into account.I1

In the 1991 Act, insert after section 28D—

“ Matters to be taken into account.

28E
(1)

In determining any application for a departure direction, the Secretary of State shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.

(2)

The general principles are that—

(a)

parents should be responsible for maintaining their children whenever they can afford to do so;

(b)

where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.

(3)

In determining any application for a departure direction, the Secretary of State shall take into account any representations made to him—

(a)

by the person with care or absent parent concerned; or

(b)

where the application for the current assessment was made under section 7, by either of them or the child concerned.

(4)

In determining any application for a departure direction, no account shall be taken of the fact that—

(a)

any part of the income of the person with care concerned is, or would be if a departure direction were made, derived from any benefit; or

(b)

some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.

(5)

In this section “benefit” has such meaning as may be prescribed.”

17Determination of questions other than by Child Support Commissioners.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Deferral of right to apply for maintenance assessment.

(1)

In section 4 of the 1991 Act (right of person with care or absent parent to apply for maintenance assessment), insert at the end—

“(10)

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, in respect of that child or those children and the person who is, at that time, the absent parent; or

(b)

benefit is being paid to, or in respect of, a parent with care of that child or those children.

(11)

In subsection (10) “benefit” means any benefit which is mentioned in, or prescribed by regulations under, section 6(1).”

(2)

In section 7 of the 1991 Act (right of child in Scotland to apply for maintenance assessment), insert at the end—

“(10)

No application may be made at any time under this section by a qualifying child if there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order, in respect of that child and the person who is, at that time, the absent parent.”

F1(3)

In section 8 of the 1991 Act (role of the courts with respect to maintenance for children), after subsection (3) insert—

“(3A)

In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance assessment, and—

(a)

no application has been made for a maintenance assessment under section 6, or

(b)

such an application has been made but no maintenance assessment has been made in response to it,

subsection (3) shall have effect with the omission of the word “vary”.”

(4)

In section 9 of the 1991 Act (maintenance agreements), at the beginning of subsection (3) insert “ Subject to section 4(10)(a) and section 7(10), ” and after subsection (5) insert—

“(6)

In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance assessment, and—

(a)

no application has been made for a maintenance assessment under section 6, or

(b)

such an application has been made but no maintenance assessment has been made in response to it,

subsection (5) shall have effect with the omission of paragraph (b).”

(5)

The Secretary of State may by order repeal any of the provisions of this section.

(6)

Neither section 4(10) nor section 7(10) of the 1991 Act shall apply in relation to a maintenance order made in the circumstances mentioned in subsection (7) or (8) of section 8 of the 1991 Act.

(7)

The Secretary of State may by regulations make provision for section 4(10), or section 7(10), of the 1991 Act not to apply in relation to such other cases as may be prescribed.

(8)

Part I of the Schedule to the M1Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (phased take-on of certain cases) is hereby revoked.

(9)

At any time before 7th April 1997, neither section 8(3), nor section 9(5)(b), of the 1991 Act shall apply in relation to any case which fell within paragraph 5(2) of the Schedule to the 1992 order (pending cases during the transitional period set by that order).

27Interpretation.

(1)

In this Act “the 1991 Act” means the M1Child Support Act 1991.

(2)

Expressions in this Act which are used in the 1991 Act have the same meaning in this Act as they have in that Act.

29Provision for Northern Ireland.

(1)

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M1Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F1(2)

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

(3)

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

(4)

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

30Short title, commencement, extent etc.I1

(1)

This Act may be cited as the Child Support Act 1995.

(2)

This Act and the 1991 Act may be cited together as the Child Support Acts 1991 and 1995.

(3)

Section 29 and this section (apart from subsection (5)) come into force on the passing of this Act.

P1P2P3(4)

The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.

(5)

Schedule 3 makes minor and consequential amendments.

(6)

This Act, except for—

(a)

sections 17, 27 and 29,

(b)

this section, and

(c)

paragraphs 1, 18, 19 and 20 of Schedule 3,

does not extend to Northern Ireland.

1I1

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The 1991 Act is amended as follows.

8

(1)

In section 25 (appeal from Child Support Commissioner on question of law), insert after subsection (3)—

“(3A)

The Child Support Commissioner to whom an application for leave to appeal under this section is made shall specify as the appropriate court either the Court of Appeal or the Court of Session.

(3B)

In determining the appropriate court, the Child Support Commissioner shall have regard to the circumstances of the case, and in particular the convenience of the persons who may be parties to the appeal.”

(2)

In the definition of “appropriate court” in subsection (4) of that section, for the words from “means” to “Session” substitute “ , except in subsections (3A) and (3B), means the court specified in accordance with those subsections ”.

11

In section 41 (retention by Secretary of State of arrears recovered by him in benefit cases) for subsection (2) substitute—

“(2)

Where the Secretary of State recovers any such arrears he may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if he is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the absent parent made the payment or payments of child support maintenance in question.

(2A)

In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the maintenance assessment had effect from a date earlier than that on which it was made, the assessment shall be taken to have been in force at that time.”

13

In section 47 (fees), in subsections (1) and (2) in each case after “takes” insert “ , or proposes to take, ”.

14

In section 48(1) (power of Secretary of State to confer right of audience), for “person authorised” substitute “ officer of the Secretary of State who is authorised ”.

16

In section 54 (interpretation), insert the following definitions in the appropriate places—

  • ““application for a departure direction” means an application under section 28A;

  • “current assessment”, in relation to an application for a departure direction, means (subject to any regulations made under paragraph 10 of Schedule 4A) the maintenance assessment with respect to which the application is made;

  • “departure direction” has the meaning given in section 28A; and

  • “parent with care” means a person who is, in relation to a child, both a parent and a person with care.”

18

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

(1)

In paragraph 3(2) of Schedule 5 (amendment of the M1House of Commons Disqualification Act 1975), after “Part I” insert “ of Schedule 1 ”.

F1(2)

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

(3)

In paragraph 4(1) of Schedule 5 (amendment of the M2Northern Ireland Assembly Disqualification Act 1975), after “Part I of” insert “ Schedule 1 to ”.

20

In section 170(5) of the Social Security Administration Act 1992 (the Social Security Advisory Committee)—

F1(a)

in the definition of “the relevant enactments”, after paragraph (aa) insert—

“(ab)

section 10 of the Child Support Act 1995;”; and

(b)

in the definition of “the relevant Northern Ireland enactments”, after paragraph (aa) insert—

“(ab)

any enactment corresponding to section 10 of the Child Support Act 1995 having effect with respect to Northern Ireland; and”.