LegalizeReform history
Child Support Act 1991
92 versions
· 1991-07-25
2022-03-10
Child Support Act 1991
2020-12-31
Child Support Act 1991
2019-12-02
Child Support Act 1991
2019-07-04
Child Support Act 1991
2019-01-03
Child Support Act 1991
2016-11-30
Child Support Act 1991
2016-11-07
Child Support Act 1991
2015-04-01
Child Support Act 1991
2014-12-16
Child Support Act 1991
2014-06-30
Child Support Act 1991
2014-03-13
Child Support Act 1991
2014-03-12
Child Support Act 1991
2013-11-25
Child Support Act 1991
2012-12-10
Child Support Act 1991
2012-08-01
Child Support Act 1991
2012-03-08
Child Support Act 1991
2011-06-18
Child Support Act 1991
2011-01-21
Child Support Act 1991
2010-10-01
Child Support Act 1991
2010-04-12
Child Support Act 1991
2010-04-06
Child Support Act 1991
2010-01-25
Child Support Act 1991
2010-01-14
Child Support Act 1991
2009-11-26
Child Support Act 1991
2009-10-01
Child Support Act 1991
2009-09-28
Child Support Act 1991
2009-08-03
Child Support Act 1991
2009-06-01
Child Support Act 1991
2009-04-22
Child Support Act 1991
2009-04-06
Child Support Act 1991
2008-11-03
Child Support Act 1991
2008-11-01
Child Support Act 1991
2008-10-27
Child Support Act 1991
2008-09-26
Child Support Act 1991
2008-07-24
Child Support Act 1991
2008-07-14
Child Support Act 1991
2008-06-10
Child Support Act 1991
2008-06-06
Child Support Act 1991
2008-03-18
Child Support Act 1991
2007-10-01
Child Support Act 1991
2006-04-06
Child Support Act 1991
2006-04-03
Child Support Act 1991
2005-12-30
Child Support Act 1991
2005-12-05
Child Support Act 1991
2005-06-30
Child Support Act 1991
2005-04-18
Child Support Act 1991
2003-04-06
Child Support Act 1991
2003-03-03
Child Support Act 1991
2003-02-21
Child Support Act 1991
2003-02-04
Child Support Act 1991
2002-12-30
Child Support Act 1991
2002-07-21
Child Support Act 1991
2002-04-01
Child Support Act 1991
2001-04-02
Child Support Act 1991
2001-04-01
Child Support Act 1991
2001-02-15
Child Support Act 1991
2001-01-31
Child Support Act 1991
2001-01-01
Child Support Act 1991
2000-11-10
Child Support Act 1991
Changes on 2000-11-10
@@ -122,88 +122,72 @@
##### 6
- (1) Where income support, an income-based jobseeker’s allowance ... or any other benefit of a prescribed kind is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child she shall, if—
- (a) she is a person with care of the child; and
- (b) she is required to do so by the Secretary of State,
authorise the Secretary of State to take action under this Act to recover child support maintenance from the absent parent.
- (2) The Secretary of State shall not require a person (“*the parent*”) to give him the authorisation mentioned in subsection (1) if he considers that there are reasonable grounds for believing that—
- (a) if the parent were to be required to give that authorisation; or
- (b) if she were to give it,
there would be a risk of her, or of any child living with her, suffering harm or undue distress as a result.
- (3) Subsection (2) shall not apply if the parent requests the Secretary of State to disregard it.
- (4) The authorisation mentioned in subsection (1) shall extend to all children of the absent parent in relation to whom the parent first mentioned in subsection (1) is a person with care.
- (5) That authorisation shall be given, without unreasonable delay, by completing and returning to the Secretary of State an application—
- (a) for the making of a maintenance assessment with respect to the qualifying child or qualifying children; and
- (b) for the Secretary of State to take action under this Act to recover, on her behalf, the amount of child support maintenance so assessed.
- (6) Such an application shall be made on a form (“*a maintenance application form*”) provided by the Secretary of State.
- (7) A maintenance application form shall indicate in general terms the effect of completing and returning it.
- (8) Subsection (1) has effect regardless of whether any of the benefits mentioned there is payable with respect to any qualifying child.
- (9) A person who is under the duty imposed by subsection (1) shall, so far as she reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
- (a) the absent parent to be traced;
- (1) This section applies where income support, an income-based jobseeker’s allowance or any other benefit of a prescribed kind is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child who is also a person with care of the child.
- (2) In this section, that person is referred to as “the parent”.
- (3) The Secretary of State may—
- (a) treat the parent as having applied for a maintenance calculation with respect to the qualifying child and all other children of the non-resident parent in relation to whom the parent is also a person with care; and
- (b) take action under this Act to recover from the non-resident parent, on the parent’s behalf, the child support maintenance so determined.
- (4) Before doing what is mentioned in subsection (3), the Secretary of State must notify the parent in writing of the effect of subsections (3) and (5) and section 46.
- (5) The Secretary of State may not act under subsection (3) if the parent asks him not to (a request which need not be in writing).
- (6) Subsection (1) has effect regardless of whether any of the benefits mentioned there is payable with respect to any qualifying child.
- (7) Unless she has made a request under subsection (5), the parent shall, so far as she reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State’s being provided with the information which is required to enable—
- (a) the non-resident parent to be identified or traced;
- (b) the amount of child support maintenance payable by him to be calculated; and
- (c) that amount to be recovered from him.
- (8) The obligation to provide information which is imposed by subsection (7)—
- (a) does not apply in such circumstances as may be prescribed; and
- (b) may, in such circumstances as may be prescribed, be waived by the Secretary of State.
- (9) If the parent ceases to fall within subsection (1), she may ask the Secretary of State to cease acting under this section, but until then he may continue to do so.
- (10) The Secretary of State must comply with any request under subsection (9) (but subject to any regulations made under subsection (11)).
- (11) The Secretary of State may by regulations make such incidental or transitional provision as he thinks appropriate with respect to cases in which he is asked under subsection (9) to cease to act under this section.
- (12) The fact that a maintenance calculation is in force with respect to a person with care does not prevent the making of a new maintenance calculation with respect to her as a result of the Secretary of State’s acting under subsection (3).
#### Right of child in Scotland to apply for assessment
##### 7
- (1) A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the Secretary of State for a maintenance assessment to be made with respect to him if—
- (a) no such application has been made by a person who is, with respect to that child, a person with care or an absent parent; or
- (b) the Secretary of State has not been authorised under section 6 to take action under this Act to recover child support maintenance from the absent parent (other than in a case where he has waived any requirement that he should be so authorised).
- (2) An application made under subsection (1) shall authorise the Secretary of State to make a maintenance assessment with respect to any other children of the absent parent who are qualifying children in the care of the same person as the child making the application.
- (3) Where a maintenance assessment has been made in response to an application under this section the Secretary of State may, if the person with care, the absent parent with respect to whom the assessment was made or the child concerned applies to him under this subsection, arrange for—
- (a) the collection of the child support maintenance payable in accordance with the assessment;
- (b) the enforcement of the obligation to pay child support maintenance in accordance with the assessment.
- (4) Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the Secretary of State to take steps to enforce that obligation whenever he considers it necessary to do so, the Secretary of State may act accordingly.
- (5) Where a child has asked the Secretary of State to proceed under this section, the person with care of the child, the absent parent and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
- (a) the absent parent to be traced (where that is necessary);
- (b) the amount of child support maintenance payable by the absent parent to be assessed; and
- (c) that amount to be recovered from the absent parent.
- (10) The obligation to provide information which is imposed by subsection (9)—
- (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 Secretary of State.
- (11) A person with care who has authorised the Secretary of State under subsection (1) but who subsequently ceases to fall within that subsection may request the Secretary of State to cease acting under this section.
- (12) It shall be the duty of the Secretary of State to comply with any request made under subsection (11) (but subject to any regulations made under subsection (13)).
- (13) The Secretary of State may by regulations make such incidental or transitional provision as he thinks appropriate with respect to cases in which he is requested under subsection (11) to cease to act under this section.
- (14) The fact that a maintenance assessment is in force with respect to a person with care shall not prevent the making of a new maintenance assessment with respect to her in response to an application under this section.
#### Right of child in Scotland to apply for assessment
##### 7
- (1) A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the Secretary of State for a maintenance assessment to be made with respect to him if—
- (a) no such application has been made by a person who is, with respect to that child, a person with care or an absent parent; or
- (b) the Secretary of State has not been authorised under section 6 to take action under this Act to recover child support maintenance from the absent parent (other than in a case where he has waived any requirement that he should be so authorised).
- (2) An application made under subsection (1) shall authorise the Secretary of State to make a maintenance assessment with respect to any other children of the absent parent who are qualifying children in the care of the same person as the child making the application.
- (3) Where a maintenance assessment has been made in response to an application under this section the Secretary of State may, if the person with care, the absent parent with respect to whom the assessment was made or the child concerned applies to him under this subsection, arrange for—
- (a) the collection of the child support maintenance payable in accordance with the assessment;
- (b) the enforcement of the obligation to pay child support maintenance in accordance with the assessment.
- (4) Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the Secretary of State to take steps to enforce that obligation whenever he considers it necessary to do so, the Secretary of State may act accordingly.
- (5) Where a child has asked the Secretary of State to proceed under this section, the person with care of the child, the absent parent and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
- (a) the absent parent to be traced (where that is necessary);
- (b) the amount of child support maintenance payable by the absent parent to be assessed; and
- (c) that amount to be recovered from the absent parent.
- (6) The child who has made the application (but not the person having care of him) may at any time request the Secretary of State to cease acting under this section.
- (7) It shall be the duty of the Secretary of State to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).
@@ -388,29 +372,23 @@
- (1) Where the Secretary of State—
- (a) is required to make a maintenance assessment; or
- (a) is required to make a maintenance calculation; or
- (b) is proposing to make a decision under section 16 or 17,
and (in either case) it appears to him that he does not have sufficient information to enable him to do so, he may make an interim maintenance assessment.
- (2) The Secretary of State may by regulations make provision as to interim maintenance assessments.
- (3) The regulations may, in particular, make provision as to—
- (a) the procedure to be followed in making an interim maintenance assessment; and
- (b) the basis on which the amount of child support maintenance fixed by an interim assessment is to be calculated.
- (4) Before making any interim assessment the Secretary of State shall, if it is reasonably practicable to do so, give written notice of his intention to make such an assessment to—
- (a) the absent parent concerned;
- (b) the person with care concerned; and
- (c) where the application for a maintenance assessment was made under section 7, the child concerned.
- (5) Where the Secretary of State serves notice under subsection (4), he shall not make the proposed interim assessment before the end of such period as may be prescribed.
and it appears to him that he does not have sufficient information to enable him to do so, he may make a default maintenance decision.
- (2) Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation (or in connection with such an application which is treated as having been made), the Secretary of State may make an interim maintenance decision.
- (3) The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.
- (4) The Secretary of State may by regulations make provision as to default and interim maintenance decisions.
- (5) The regulations may, in particular, make provision as to—
- (a) the procedure to be followed in making a default or an interim maintenance decision; and
- (b) a default rate of child support maintenance to apply where a default maintenance decision is made.
### Child support officers
@@ -532,7 +510,11 @@
- (b) any decision of an appeal tribunal under section 20; and
- (c) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b),
- (c) any reduced benefit decision under section 46;
- (d) any decision of an appeal tribunal on a referral under section 28D(1)(b);
- (e) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b) or (d),
may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.
@@ -540,7 +522,9 @@
- (3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.
- (4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.
- (4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.
- (4A) In subsection (4), a “*maintenance period*” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the Secretary of State under section 11 or (if earlier) his first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.
- (5) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.
@@ -560,39 +544,59 @@
##### 20
- (1) Where an application for a maintenance assessment is refused, the person who made that application shall have a right of appeal to an appeal tribunal against the refusal.
- (2) Where a maintenance assessment is in force—
- (a) the absent parent or person with care with respect to whom it was made; or
- (b) where the application for the assessment was made under section 7, either of them or the child concerned,
shall have a right of appeal to an appeal tribunal against the amount of the assessment or the date from which the assessment takes effect.
- (3) Where a maintenance assessment is cancelled, or an application for the cancellation of a maintenance assessment is refused—
- (a) the absent parent or person with care with respect to whom the maintenance assessment in question was, or remains, in force; or
- (b) where the application for that assessment was made under section 7, either of them or the child concerned,
shall have a right of appeal to an appeal tribunal against the cancellation or refusal.
- (4) A person with a right of appeal under this section shall be given such notice of that right and, in the case of a right conferred by subsection (1) or (3), such notice of the decision as may be prescribed.
- (5) Regulations may make—
- (1) A qualifying person has a right of appeal to an appeal tribunal against—
- (a) a decision of the Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);
- (b) a decision of the Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;
- (c) a reduced benefit decision under section 46;
- (d) the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;
- (e) the imposition (by virtue of section 47) of a requirement to pay fees.
- (2) In subsection (1), “*qualifying person*” means—
- (a) in relation to paragraphs (a) and (b)—
- (i) the person with care, or non-resident parent, with respect to whom the Secretary of State made the decision, or
- (ii) in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;
- (b) in relation to paragraph (c), the person in respect of whom the benefits are payable;
- (c) in relation to paragraph (d), the parent who has been required to make penalty payments; and
- (d) in relation to paragraph (e), the person required to pay fees.
- (3) A person with a right of appeal under this section shall be given such notice as may be prescribed of—
- (a) that right; and
- (b) the relevant decision, or the imposition of the requirement.
- (4) Regulations may make—
- (a) provision as to the manner in which, and the time within which, appeals are to be brought; and
- (b) such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate.
- (6) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.
- (5) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.
- (6) No appeal lies by virtue of subsection (1)(c) unless the amount of the person’s benefit is reduced in accordance with the reduced benefit decision; and the time within which such an appeal may be brought runs from the date of notification of the reduction.
- (7) In deciding an appeal under this section, an appeal tribunal—
- (a) need not consider any issue that is not raised by the appeal; and
- (b) shall not take into account any circumstances not obtaining at the time when the decision or assessment appealed against was made.
- (b) shall not take into account any circumstances not obtaining at the time when the Secretary of State made the decision or imposed the requirement.
- (8) If an appeal under this section is allowed, the appeal tribunal may—
- (a) itself make such decision as it considers appropriate; or
- (b) remit the case to the Secretary of State, together with such directions (if any) as it considers appropriate.
#### Child support appeal tribunals
@@ -1094,19 +1098,9 @@
##### 40
- (1) Where the Secretary of State has sought—
- (a) to levy an amount by distress under this Act; or
- (b) to recover an amount by virtue of section 36,
and that amount, or any portion of it, remains unpaid he may apply to a magistrates’ court for the issue of a warrant committing the liable person to prison.
- (2) On any such application the court shall (in the presence of the liable person) inquire as to—
- (a) the liable person’s means; and
- (b) whether there has been wilful refusal or culpable neglect on his part.
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person it may—
@@ -1154,11 +1148,7 @@
- (f) as to the execution of a warrant for arrest.
- (12) Subsections (1) to (11) do not apply to Scotland.
- (13) For the avoidance of doubt, it is declared that a sum payable under a liability order is a sum decerned for aliment for the purposes of the Debtors (Scotland) Act 1880 and the Civil Imprisonment (Scotland) Act 1882.
- (14) Where a liability order has been made, the Secretary of State (and he alone) shall be regarded as, and may exercise all the powers of, the creditor for the purposes of section 4 (imprisonment for failure to obey decree for alimentary debt) of the Civil Imprisonment (Scotland) Act 1882.
- (12) This section does not apply to Scotland.
#### Arrears of child support maintenance
@@ -1174,25 +1164,11 @@
- (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.
- (3) In such circumstances as may be prescribed, the absent parent shall be liable to make such payments of interest with respect to the arrears of child support maintenance as may be prescribed.
- (4) The Secretary of State may by regulations make provision—
- (a) as to the rate of interest payable by virtue of subsection (3);
- (b) as to the time at which, and person to whom, any such interest shall be payable;
- (c) as to the circumstances in which, in a case where the Secretary of State has been acting under section 6, any such interest may be retained by him;
- (d) for the Secretary of State, in a case where he has been acting under section 6 and in such circumstances as may be prescribed, to waive any such interest (or part of any such interest).
- (5) The provisions of this Act with respect to—
- (a) the collection of child support maintenance;
- (b) the enforcement of any obligation to pay child support maintenance,
shall apply equally to interest payable by virtue of this section.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Any sums retained by the Secretary of State by virtue of this section shall be paid by him into the Consolidated Fund.
@@ -1234,17 +1210,13 @@
- (1) This section applies where—
- (a) by virtue of paragraph 5(4) of Schedule 1, an absent parent is taken for the purposes of that Schedule to have no assessable income; and
- (a) a non-resident parent is liable to pay a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and
- (b) such conditions as may be prescribed for the purposes of this section are satisfied.
- (2) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(t), (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that—
- (a) payments of prescribed amounts are made with respect to qualifying children in place of payments of child support maintenance; and
- (b) arrears of child support maintenance are recovered.
- (3) Schedule 4C shall have effect for applying sections 16, 17, 20 and 28ZA to 28ZC to any decision with respect to a person’s liability under this section, that is to say, his liability to make payments under regulations made by virtue of this section.
- (2) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that payments in respect of child support maintenance are made or that arrears of child support maintenance are recovered.
- (3) For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows’ pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation)).
### Jurisdiction
@@ -1263,6 +1235,16 @@
only if that person is habitually resident in the United Kingdom.
- (2) Where the person with care is not an individual, subsection (1) shall have effect as if paragraph (a) were omitted.
- (2A) A non-resident parent falls within this subsection if he is not habitually resident in the United Kingdom, but is—
- (a) employed in the civil service of the Crown, including Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
- (b) a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996;
- (c) employed by a company of a prescribed description registered under the Companies Act 1985 in England and Wales or in Scotland, or under the Companies (Northern Ireland) Order 1986; or
- (d) employed by a body of a prescribed description.
- (3) The Secretary of State may by regulations make provision for the cancellation of any maintenance assessment where—
@@ -1322,39 +1304,61 @@
- (1) This section applies where any person (“*the parent*”)—
- (a) fails to comply with a requirement imposed on her by the Secretary of State under section 6(1); or
- (b) fails to comply with any regulation made under section 6(9).
- (2) The Secretary of State may serve written notice on the parent requiring her, before the end of the specified period, either to comply or to give him her reasons for failing to do so.
- (3) When the specified period has expired, the Secretary of State shall consider whether, having regard to any reasons given by the parent, there are reasonable grounds for believing that, if she were to be required to comply, there would be a risk of her or of any children living with her suffering harm or undue distress as a result of complying.
- (a) has made a request under section 6(5);
- (b) fails to comply with any regulation made under section 6(7); or
- (c) having been treated as having applied for a maintenance calculation under section 6, refuses to take a scientific test (within the meaning of section 27A).
- (2) The Secretary of State may serve written notice on the parent requiring her, before the end of a specified period—
- (a) in a subsection (1)(a) case, to give him her reasons for making the request;
- (b) in a subsection (1)(b) case, to give him her reasons for failing to do so; or
- (c) in a subsection (1)(c) case, to give him her reasons for her refusal.
- (3) When the specified period has expired, the Secretary of State shall consider whether, having regard to any reasons given by the parent, there are reasonable grounds for believing that—
- (a) in a subsection (1)(a) case, if the Secretary of State were to do what is mentioned in section 6(3);
- (b) in a subsection (1)(b) case, if she were to be required to comply; or
- (c) in a subsection (1)(c) case, if she took the scientific test,
there would be a risk of her, or of any children living with her, suffering harm or undue distress as a result of his taking such action, or her complying or taking the test.
- (4) If the Secretary of State considers that there are such reasonable grounds, he shall—
- (a) take no further action under this section in relation to the failure in question; and
- (a) take no further action under this section in relation to the request, the failure or the refusal in question; and
- (b) notify the parent, in writing, accordingly.
- (5) If the Secretary of State considers that there are no such reasonable grounds, he may, except in prescribed circumstances, give a reduced benefit direction with respect to the parent.
- (6) Where the Secretary of State gives a reduced benefit direction he shall send a copy of it to the parent.
- (7) Schedule 4C shall have effect for applying sections 16, 17, 20 and 28ZA to 28ZC to decisions with respect to reduced benefit directions.
- (9) A reduced benefit direction shall take effect on such date as may be specified in the direction.
- (10) Reasons given in response to a notice under subsection (2) may be given either in writing or orally.
- (11) In this section—
- “*comply*” means to comply with the requirement or with the regulation in question; and “*complied*” and “*complying*” shall be construed accordingly;
- “*reduced benefit direction*” means a direction ... that the amount payable by way of any relevant benefit to, or in respect of, the parent concerned be reduced by such amount, and for such period, as may be prescribed;
- “*relevant benefit*” means income support, an income-based jobseeker’s allowance ... or any other benefit of a kind prescribed for the purposes of section 6; and
- “*specified*”, in relation to any notice served under this section, means specified in the notice; and the period to be specified shall be determined in accordance with regulations made by the Secretary of State.
- (5) If the Secretary of State considers that there are no such reasonable grounds, he may, except in prescribed circumstances, make a reduced benefit decision with respect to the parent.
- (6) In a subsection (1)(a) case, the Secretary of State may from time to time serve written notice on the parent requiring her, before the end of a specified period—
- (a) to state whether her request under section 6(5) still stands; and
- (b) if so, to give him her reasons for maintaining her request,
and subsections (3) to (5) have effect in relation to such a notice and any response to it as they have effect in relation to a notice under subsection (2)(a) and any response to it.
- (7) Where the Secretary of State makes a reduced benefit decision he must send a copy of it to the parent.
- (8) A reduced benefit decision is to take effect on such date as may be specified in the decision.
- (9) Reasons given in response to a notice under subsection (2) or (6) need not be given in writing unless the Secretary of State directs in any case that they must.
- (10) In this section—
- (a) “*comply*” means to comply with the requirement or with the regulation in question; and “*complied*” and “*complying*” are to be construed accordingly;
- (b) “*reduced benefit decision*” means a decision that the amount payable by way of any relevant benefit to, or in respect of, the parent concerned be reduced by such amount, and for such period, as may be prescribed;
- (c) “*relevant benefit*” means income support or an income-based jobseeker’s allowance or any other benefit of a kind prescribed for the purposes of section 6; and
- (d) “*specified*”, in relation to a notice served under this section, means specified in the notice; and the period to be specified is to be determined in accordance with regulations made by the Secretary of State.
#### Fees
@@ -1372,6 +1376,14 @@
- (c) may, in particular, make provision with respect to the recovery by the Secretary of State of any fees payable under the regulations.
- (4) The provisions of this Act with respect to—
- (a) the collection of child support maintenance;
- (b) the enforcement of any obligation to pay child support maintenance,
shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section.
#### Right of audience
##### 48
@@ -1516,7 +1528,17 @@
- (1) Any power conferred on the Lord Chancellor, the Lord Advocate or the Secretary of State by this Act to make regulations or orders (other than a deduction from earnings order) shall be exercisable by statutory instrument.
- (2) No statutory instrument containing (whether alone or with other provisions) regulations made under section 4(7), 5(3), 6(1), (9) or (10), 7(8), 12(2), 28C(2)(b), 28F(3), 30(5A) 41(2), (3) or (4) 41A, 41B(6), 42, 43(1), 46 or 47 or under Part I of Schedule 1 or under Schedule 4B, or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
- (2) No statutory instrument containing (whether alone or with other provisions) regulations made under—
- (a) section 6(1), 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)), 28C(2)(b), 28F(2)(b), 30(5A), 41(2), 41A, 41B(6), 43(1), 44(2A)(d), 46 or 47;
- (b) paragraph 3(2) or 10A(1) of Part I of Schedule 1; or
- (c) Schedule 4B,
or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
- (2A) No statutory instrument containing (whether alone or with other provisions) the first set of regulations made under paragraph 10(1) of Part I of Schedule 1 as substituted by section 1(3) of the Child Support, Pensions and Social Security Act 2000 shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
- (3) Any other statutory instrument made under this Act (except an order made under section 58(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
@@ -1736,165 +1758,154 @@
## SCHEDULE 1
## Part I — Calculation of Child Support Maintenance
## PART I — Calculation of weekly amount of child support maintenance
### The maintenance requirement
##### 1
- (1) In this Schedule “*the maintenance requirement*” means the amount, calculated in accordance with the formula set out in sub-paragraph (2), which is to be taken as the minimum amount necessary for the maintenance of the qualifying child or, where there is more than one qualifying child, all of them.
- (2) The formula is—
$$MR=AG-CB$where—MR is the amount of the maintenance requirement;AG is the aggregate of the amounts to be taken into account under sub-paragraph (3); andCB is the amount payable by way of child benefit (or which would be so payable if the person with care of the qualifying child were an individual) or, where there is more than one qualifying child, the aggregate of the amounts so payable with respect to each of them.$
- (3) The amounts to be taken into account for the purpose of calculating AG are—
- (a) such amount or amounts (if any), with respect to each qualifying child, as may be prescribed;
- (b) such amount or amounts (if any), with respect to the person with care of the qualifying child or qualifying children, as may be prescribed; and
- (c) such further amount or amounts (if any) as may be prescribed.
- (4) For the purposes of calculating CB it shall be assumed that child benefit is payable with respect to any qualifying child at the basic rate.
- (5) In sub-paragraph (4) “*basic rate*” has the meaning for the time being prescribed.
- (1) The weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or the nil rate applies.
- (2) Unless the nil rate applies, the amount payable weekly to a person with care is—
- (a) the applicable rate, if paragraph 6 does not apply; or
- (b) if paragraph 6 does apply, that rate as apportioned between the persons with care in accordance with paragraph 6,
as adjusted, in either case, by applying the rules about shared care in paragraph 7 or 8.
### The general rule
##### 2
- (1) In order to determine the amount of any maintenance assessment, first calculate—
$$(A+C)yP$where—A is the absent parent’s assessable income;C is the assessable income of the other parent, where that parent is the person with care, and otherwise has such value (if any) as may be prescribed; andP is such number greater than zero but less than 1 as may be prescribed.$
- (2) Where the result of the calculation made under sub-paragraph (1) is an amount which is equal to, or less than, the amount of the maintenance requirement for the qualifying child or qualifying children, the amount of maintenance payable by the absent parent for that child or those children shall be an amount equal to—
$$AP$where A and P have the same values as in the calculation made under sub-paragraph (1)$
- (3) Where the result of the calculation made under sub-paragraph (1) is an amount which exceeds the amount of the maintenance requirement for the qualifying child or qualifying children, the amount of maintenance payable by the absent parent for that child or those children shall consist of—
- (a) a basic element calculated in accordance with the provisions of paragraph 3; and
- (b) an additional element calculated in accordance with the provisions of paragraph 4.
- (1) The basic rate is the following percentage of the non-resident parent’s net weekly income—
- 15% where he has one qualifying child;
- 20% where he has two qualifying children;
- 25% where he has three or more qualifying children.
- (2) If the non-resident parent also has one or more relevant other children, the appropriate percentage referred to in sub-paragraph (1) is to be applied instead to his net weekly income less—
- 15% where he has one relevant other child;
- 20% where he has two relevant other children;
- 25% where he has three or more relevant other children.
### The basic element
##### 3
- (1) The basic element shall be calculated by applying the formula—
$$BE=AGP$where—BE is the amount of the basic element;A and P have the same values as in the calculation made under paragraph 2(1); andG has the value determined under sub-paragraph (2).$
- (2) The value of G shall be determined by applying the formula—
$$G=MR(A+C)yP$where—MR is the amount of the maintenance requirement for the qualifying child or qualifying children; andA, C and P have the same values as in the calculation made under paragraph 2(1).$
- (1) A reduced rate is payable if—
- (a) neither a flat rate nor the nil rate applies; and
- (b) the non-resident parent’s net weekly income is less than £200 but more than £100.
- (2) The reduced rate payable shall be prescribed in, or determined in accordance with, regulations.
- (3) The regulations may not prescribe, or result in, a rate of less than £5.
### The additional element
##### 4
- (1) Subject to sub-paragraph (2), the additional element shall be calculated by applying the formula—
$$AE=(1aG)yAyR$where—AE is the amount of the additional element;A has the same value as in the calculation made under paragraph 2(1);G has the value determined under paragraph 3(2); andR is such number greater than zero but less than 1 as may be prescribed.$
- (2) Where applying the alternative formula set out in sub-paragraph (3) would result in a lower amount for the additional element, that formula shall be applied in place of the formula set out in sub-paragraph (1).
- (3) The alternative formula is—
$$AE=ZyQy(AA+C)$where—A and C have the same values as in the calculation made under paragraph 2(1);Z is such number as may be prescribed; andQ is the aggregate of—$
- (a) any amount taken into account by virtue of paragraph 1(3)(a) in calculating the maintenance requirement; and
- (b) any amount which is both taken into account by virtue of paragraph 1(3)(c) in making that calculation and is an amount prescribed for the purposes of this paragraph.
- (1) Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and—
- (a) the non-resident parent’s net weekly income is £100 or less; or
- (b) he receives any benefit, pension or allowance prescribed for the purposes of this paragraph of this sub-paragraph; or
- (c) he or his partner (if any) receives any benefit prescribed for the purposes of this paragraph of this sub-paragraph.
- (2) A flat rate of a prescribed amount is payable if the nil rate does not apply and—
- (a) the non-resident parent has a partner who is also a non-resident parent;
- (b) the partner is a person with respect to whom a maintenance calculation is in force; and
- (c) the non-resident parent or his partner receives any benefit prescribed under sub-paragraph (1)(c).
- (3) The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(b) include ones paid to the non-resident parent under the law of a place outside the United Kingdom.
### Assessable income
##### 5
- (1) The assessable income of an absent parent shall be calculated by applying the formula—
$$A=N-E$where—A is the amount of that parent’s assessable income;N is the amount of that parent’s net income, calculated or estimated in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph; andE is the amount of that parent’s exempt income, calculated or estimated in accordance with regulations made by the Secretary of State for those purposes.$
- (2) The assessable income of a parent who is a person with care of the qualifying child or children shall be calculated by applying the formula—
$$C=M-F$where—C is the amount of that parent’s assessable income;M is the amount of that parent’s net income, calculated or estimated in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph; andF is the amount of that parent’s exempt income, calculated or estimated in accordance with regulations made by the Secretary of State for those purposes.$
- (3) Where the preceding provisions of this paragraph would otherwise result in a person’s assessable income being taken to be a negative amount his assessable income shall be taken to be nil.
- (4) Where income support, an income-based jobseeker’s allowance or any other benefit of a prescribed kind is paid to or in respect of a parent who is an absent parent or a person with care that parent shall, for the purposes of this Schedule, be taken to have no assessable income.
The rate payable is nil if the non-resident parent—
- (a) is of a prescribed description; or
- (b) has a net weekly income of below £5.
### Protected income
##### 6
- (1) This paragraph applies where—
- (a) one or more maintenance assessments have been made with respect to an absent parent; and
- (b) payment by him of the amount, or the aggregate of the amounts, so assessed would otherwise reduce his disposable income below his protected income level.
- (2) The amount of the assessment, or (as the case may be) of each assessment, shall be adjusted in accordance with such provisions as may be prescribed with a view to securing so far as is reasonably practicable that payment by the absent parent of the amount, or (as the case may be) aggregate of the amounts, so assessed will not reduce his disposable income below his protected income level.
- (3) Regulations made under sub-paragraph (2) shall secure that, where the prescribed minimum amount fixed by regulations made under paragraph 7 applies, no maintenance assessment is adjusted so as to provide for the amount payable by an absent parent in accordance with that assessment to be less than that amount.
- (4) The amount which is to be taken for the purposes of this paragraph as an absent parent’s disposable income shall be calculated, or estimated, in accordance with regulations made by the Secretary of State.
- (5) Regulations made under sub-paragraph (4) may, in particular, provide that, in such circumstances and to such extent as may be prescribed—
- (a) income of any child who is living in the same household with the absent parent; and
- (b) where the absent parent is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married), income of that other adult,
is to be treated as the absent parent’s income for the purposes of calculating his disposable income.
- (6) In this paragraph the “*protected income level*” of a particular absent parent means an amount of income calculated, by reference to the circumstances of that parent, in accordance with regulations made by the Secretary of State.
- (1) If the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, the amount of child support maintenance payable is (subject to paragraph 7 or 8) to be determined by apportioning the rate between the persons with care.
- (2) The rate of maintenance liability is to be divided by the number of qualifying children, and shared among the persons with care according to the number of qualifying children in relation to whom each is a person with care.
### The minimum amount of child support maintenance
##### 7
- (1) The Secretary of State may prescribe a minimum amount for the purposes of this paragraph.
- (2) Where the amount of child support maintenance which would be fixed by a maintenance assessment but for this paragraph is nil, or less than the prescribed minimum amount, the amount to be fixed by the assessment shall be the prescribed minimum amount.
- (3) In any case to which section 43 applies, and in such other cases (if any) as may be prescribed, sub-paragraph (2) shall not apply.
- (1) This paragraph applies only if the rate of child support maintenance payable is the basic rate or a reduced rate.
- (2) If the care of a qualifying child is shared between the non-resident parent and the person with care, so that the non-resident parent from time to time has care of the child overnight, the amount of child support maintenance which he would otherwise have been liable to pay the person with care, as calculated in accordance with the preceding paragraphs of this Part of this Schedule, is to be decreased in accordance with this paragraph.
- (3) First, there is to be a decrease according to the number of such nights which the Secretary of State determines there to have been, or expects there to be, or both during a prescribed twelve-month period.
- (4) The amount of that decrease for one child is set out in the following Table—
| Number of nights | Fraction to subtract |
| --- | --- |
| 52 to 103 | One-seventh |
| 104 to 155 | Two-sevenths |
| 156 to 174 | Three-sevenths |
| 175 or more | One-half |
- (5) If the person with care is caring for more than one qualifying child of the non-resident parent, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.
- (6) If the applicable fraction is one-half in relation to any qualifying child in the care of the person with care, the total amount payable to the person with care is then to be further decreased by £7 for each such child.
- (7) If the application of the preceding provisions of this paragraph would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than £5, he is instead liable to pay child support maintenance at the rate of £5 a week, apportioned (if appropriate) in accordance with paragraph 6.
### Housing costs
##### 8
Where regulations under this Schedule require the Secretary of State to take account of the housing costs of any person in calculating, or estimating, his assessable income or disposable income, those regulations may make provision—
- (a) as to the costs which are to be treated as housing costs for the purpose of the regulations;
- (b) for the apportionment of housing costs; and
- (c) for the amount of housing costs to be taken into account for prescribed purposes not to exceed such amount (if any) as may be prescribed by, or determined in accordance with, the regulations.
- (1) This paragraph applies only if—
- (a) the rate of child support maintenance payable is a flat rate; and
- (b) that rate applies because the non-resident parent falls within paragraph 4(1)(b) or (c) or 4(2).
- (2) If the care of a qualifying child is shared as mentioned in paragraph 7(2) for at least 52 nights during a prescribed 12-month period, the amount of child support maintenance payable by the non-resident parent to the person with care of that child is nil.
### Regulations about income and capital
##### 9
The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—
- (a) income of a child shall be treated as income of a parent of his;
- (b) where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his assessable income, his net income shall be taken to include income from that source of an amount estimated by the Secretary of State;
- (c) a person is to be treated as possessing capital or income which he does not possess;
- (d) capital or income which a person does possess is to be disregarded;
- (e) income is to be treated as capital;
- (f) capital is to be treated as income.
The Secretary of State may by regulations provide—
- (a) for which nights are to count for the purposes of shared care under paragraphs 7 and 8, or for how it is to be determined whether a night counts;
- (b) for what counts, or does not count, as “*care*” for those purposes; and
- (c) for paragraph 7(3) or 8(2) to have effect, in prescribed circumstances, as if the period mentioned there were other than 12 months, and in such circumstances for the Table in paragraph 7(4) (or that Table as modified pursuant to regulations made under paragraph 10A(2)(a)), or the period mentioned in paragraph 8(2), to have effect with prescribed adjustments.
### References to qualifying children
##### 10
References in this Part of this Schedule to “*qualifying children*” are to those qualifying children with respect to whom the maintenance assessment falls to be made.
- (1) For the purposes of this Schedule, net weekly income is to be determined in such manner as is provided for in regulations.
- (2) The regulations may, in particular, provide for the Secretary of State to estimate any income or make an assumption as to any fact where, in his view, the information at his disposal is unreliable, insufficient, or relates to an atypical period in the life of the non-resident parent.
- (3) Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.
## Part II — General Provisions About Maintenance Assessments
@@ -2315,7 +2326,7 @@
.
#### Welfare of children: the general principle.
#### The duty to maintain.
### The Tribunals and Inquiries Act 1971 (c.62)
@@ -2351,8 +2362,6 @@
[^c21358531]: 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](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 5 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21358541]: S. 6 wholly in force; s. 6 not in force at Royal Assent see s. 58(2); s. 6(1) in force for specified purposes and s. 6(9)(10)(13) wholly in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 6 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21358551]: S. 7 wholly in force; s. 7 not in force at Royal Assent see s. 58(2); s. 7(5)(8)(9) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 7 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21358561]: S. 8 wholly in force; s. 8 not in force at Royal Assent see s. 58(2); s. 8(5)(9)(11)(f) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 8 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
@@ -2389,8 +2398,6 @@
[^c21358721]: S. 11 wholly in force; s. 11 not in force at Royal Assent see s. 58(2); s. 11 in force in respect of specified provisions of Sch. 1 at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 11 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21358731]: S. 12 wholly in force; s. 12 not in force at Royal Assent see s. 58(2); s. 12(2)(3)(5) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 12 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21358741]: S. 14 wholly in force; s. 14 not in force at Royal Assent see s. 58(2); s. 14(1)(3) wholly in force and s. 14(4) in force so far as it relates to Sch. 2 para. 2(4) at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 14 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21358751]: S. 15 amended (5.4.1993) by [The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584)](https://www.legislation.gov.uk/uksi/1993/584), [reg. 2(2)](https://www.legislation.gov.uk/uksi/1993/584/regulation/2/2), [Sch. 2](https://www.legislation.gov.uk/uksi/1993/584/schedule/2)
@@ -2467,24 +2474,12 @@
[^c21359281]: [1980 c. 43](https://www.legislation.gov.uk/ukpga/1980/43).
[^c21359291]: [1880 c. 34](https://www.legislation.gov.uk/ukpga/1880/34).
[^c21359301]: [1882 c. 42](https://www.legislation.gov.uk/ukpga/1882/42).
[^c21359311]: [1882 c. 42](https://www.legislation.gov.uk/ukpga/1882/42).
[^c21359321]: S. 41 wholly in force; s. 41 not in force at Royal Assent see s. 58(2); s. 41(2)-(4) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 41 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359351]: S. 43 wholly in force; s. 43 not in force at Royal Assent see s. 58(2); s. 43(1)(b)(2)(a) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 43 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359361]: Words in s. 43(2) substituted (1.7.1992) by [Social Security (Consequential Provisions) Act 1992 (c. 6)](https://www.legislation.gov.uk/ukpga/1992/6), [s. 4](https://www.legislation.gov.uk/ukpga/1992/6/section/4), [Sch. 2 para.113](https://www.legislation.gov.uk/ukpga/1992/6/schedule/2/paragraph/113)
[^c21359371]: S. 44 wholly in force; s. 44 not in force at Royal Assent see s. 58(2); s. 44(3) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 44 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359381]: [1989 c. 41](https://www.legislation.gov.uk/ukpga/1989/41).
[^c21359391]: S. 46 wholly in force; s. 46 not in force at Royal Assent see s. 58(2); S. 46(11) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); s. 46 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359401]: S. 47 wholly in force at 17.6.1992 see s. 58(2) and [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule)
[^c21359411]: [1990 c. 41](https://www.legislation.gov.uk/ukpga/1990/41).
@@ -2517,18 +2512,6 @@
[^c21359641]: [1989 c. 41](https://www.legislation.gov.uk/ukpga/1989/41).
[^c21359661]: Sch. 1 para. 1 wholly in force; para. 1 not in force at Royal Assent see s. 58(2); para. 1(3)(5) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); para. 1 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359671]: Sch. 1 para. 2 wholly in force; para. 2 not in force at Royal Assent see s. 58(2); para. 2(1) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); para. 2 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2).
[^c21359681]: Sch. 1 para. 2(1) modified (5.4.1993) by [S.I. 1992/1815](https://www.legislation.gov.uk/uksi/1992/1815), [reg. 23(4)](https://www.legislation.gov.uk/uksi/1992/1815/regulation/23/4)
[^c21359691]: Sch. 1 para. 4 wholly in force; para. 4 not in force at Royal Assent see s. 58(2); para. 4(1)(3) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); para. 4 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359701]: Sch. 1 para. 5 wholly in force; para. 5 not in force at Royal Assent see s. 58(2); para. 5(1)(2)(4) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); para. 5 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359711]: Sch. 1 para. 6 wholly in force; para. 6 not in force at Royal Assent see s. 58(2); para. 6(2)-(6) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); para. 6 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359721]: Sch. 1 para. 16 wholly in force; para. 16 not in force at Royal Assent see s. 58(2); para. 16(5)(10)(11) in force at 17.6.1992 by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule); para. 16 in force in so far as not already in force at 5.4.1993 by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2)
[^c21359941]: [1990 c. 41](https://www.legislation.gov.uk/ukpga/1990/41).
@@ -2589,12 +2572,6 @@
[^key-21cd60651431ac76e8617f6bc5123fd7]: Words in [s. 48(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/48/1) substituted (4.9.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 14](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/14); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), art. 2, Sch. Pt. 1
[^key-d1768414a46368581f520d77e015818a]: Words in [s. 52(2)](https://www.legislation.gov.uk/ukpga/1991/48/section/52/2) inserted (4.9.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 15(a)](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/15/a); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), art. 2, Sch. Pt. 1
[^key-0e6b1248ef08bf780e829231d12c9ed4]: Words in [s. 52(2)](https://www.legislation.gov.uk/ukpga/1991/48/section/52/2) inserted (4.9.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 15(b)](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/15/b); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), art. 2, Sch. Pt. 1
[^key-606ccb98a3681e7d34829e6f9fe81d65]: Words in [s. 52(2)](https://www.legislation.gov.uk/ukpga/1991/48/section/52/2) inserted (4.9.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 15(c)](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/15/c); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), art. 2, Sch. Pt. 1
[^key-72ff49f371ca35a347b585d4d6133c84]: Words in s. 54 inserted (4.9.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 16](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/16); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), [art. 2](https://www.legislation.gov.uk/uksi/1995/2302/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/1995/2302/schedule/part/1)
[^key-c8ae76ecc8aa0f38e7a3d350e4ab8ea3]: Words in Sch. 5 para. 3(2) inserted (4.9.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 19(1)](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/19/1); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), [art. 2](https://www.legislation.gov.uk/uksi/1995/2302/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/1995/2302/schedule/part/1)
@@ -2605,8 +2582,6 @@
[^key-87a5347c3a42bc840bffad774d46b625]: S. 41(2)(2A) substituted for s. 41(2) (1.10.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 11](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/11); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), [art. 2](https://www.legislation.gov.uk/uksi/1995/2302/article/2), [Sch. Pt. 2](https://www.legislation.gov.uk/uksi/1995/2302/schedule/part/2)
[^key-d218d273181bf3414e1a6b1a6d4a6845]: Words in s. 46(5) inserted (1.10.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 12](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/12); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), [art. 2](https://www.legislation.gov.uk/uksi/1995/2302/article/2), [Sch. Pt. 2](https://www.legislation.gov.uk/uksi/1995/2302/schedule/part/2)
[^key-f7a4d2e4ebfc3d181e37cb17a361f999]: [Sch. 4 para. 4A](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4/paragraph/4A) and cross-heading inserted (18.12.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 17(1)](https://www.legislation.gov.uk/ukpga/1995/34/section/17/1), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1995/3262](https://www.legislation.gov.uk/uksi/1995/3262), [art. 2](https://www.legislation.gov.uk/uksi/1995/3262/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/1995/3262/schedule/part/1)
[^key-5aba6f291d24f871dbb421dcc8139e36]: Words in Sch. 4 para. 7 substituted (18.12.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 17(2)](https://www.legislation.gov.uk/ukpga/1995/34/section/17/2), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1995/3262](https://www.legislation.gov.uk/uksi/1995/3262), art. 2, Sch. Pt. 1
@@ -2617,24 +2592,16 @@
[^key-5e872afe6147f7dc91fc5883aeab96d0]: Sch. 4 para. 2A and cross-heading inserted (18.12.1995) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 18(1)](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/18/1); [S.I. 1995/3262](https://www.legislation.gov.uk/uksi/1995/3262), [art. 2](https://www.legislation.gov.uk/uksi/1995/3262/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/1995/3262/schedule/part/1)
[^key-95842efb8308c59133d8b2a589899c84]: Sch. 1 Pt. 1 excluded by [The Child Support (Maintenance Assessment Procedure) Regulations 1992 (S.I. 1992/1813)](https://www.legislation.gov.uk/uksi/1992/1813), [reg. 8A](https://www.legislation.gov.uk/uksi/1992/1813/regulation/8A) (as substituted (22.1.1996) by [S.I. 1995/3261](https://www.legislation.gov.uk/uksi/1995/3261), [regs. 1(2)](https://www.legislation.gov.uk/uksi/1995/3261/article/1/2), [16](https://www.legislation.gov.uk/uksi/1995/3261/regulation/16))
[^key-495346c833d726c7b0ee9d2d8d5f5153]: Sch. 1 para. 16(4A) inserted (22.1.1996) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 14(2)](https://www.legislation.gov.uk/ukpga/1995/34/section/14/2), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1995/3262](https://www.legislation.gov.uk/uksi/1995/3262), [art. 2](https://www.legislation.gov.uk/uksi/1995/3262/article/2), [Sch. Pt. 2](https://www.legislation.gov.uk/uksi/1995/3262/schedule/part/2)
[^key-188543fec6cda2b49a63fd762de78ffe]: Word in Sch. 1 para. 16(7) inserted (22.1.1996) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 14(3)](https://www.legislation.gov.uk/ukpga/1995/34/section/14/3), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1995/3262](https://www.legislation.gov.uk/uksi/1995/3262), [art. 2](https://www.legislation.gov.uk/uksi/1995/3262/article/2), [Sch. Pt. 2](https://www.legislation.gov.uk/uksi/1995/3262/schedule/part/2)
[^key-51a76885226617907fedeed1d96bae7b]: Act: definition of "maintenance assessment" extended (7.10.1996) by The Jobseeker’s [Allowance Regulations 1996 (S.I. 1996/207)](https://www.legislation.gov.uk/uksi/1996/207), [reg. 125](https://www.legislation.gov.uk/uksi/1996/207/regulation/125)
[^key-fbfbe5369138aa6f02ea3576df995930]: Words in s. 6(1) inserted (7.10.1996) by [Jobseekers Act 1995 (c. 18)](https://www.legislation.gov.uk/ukpga/1995/18), [s. 41(2)](https://www.legislation.gov.uk/ukpga/1995/18/section/41/2), [Sch. 2 para. 20(2)](https://www.legislation.gov.uk/ukpga/1995/18/schedule/2/paragraph/20/2); [S.I. 1996/2208](https://www.legislation.gov.uk/uksi/1996/2208), [art. 2(b)](https://www.legislation.gov.uk/uksi/1996/2208/article/2/b)
[^key-619f146bfecfbd6805587f28d2301dc6]: Words in s. 46(11) inserted (7.10.1996) by [Jobseekers Act 1995 (c. 18)](https://www.legislation.gov.uk/ukpga/1995/18), [s. 41(2)](https://www.legislation.gov.uk/ukpga/1995/18/section/41/2), [Sch. 2 para. 20(4)](https://www.legislation.gov.uk/ukpga/1995/18/schedule/2/paragraph/20/4); [S.I. 1996/2208](https://www.legislation.gov.uk/uksi/1996/2208), [art. 2(b)](https://www.legislation.gov.uk/uksi/1996/2208/article/2/b)
[^key-28e5186912ff15b8d6a199cad8113565]: Words in [s. 47(3)](https://www.legislation.gov.uk/ukpga/1991/48/section/47/3) inserted (7.10.1996) by [Jobseekers Act 1995 (c. 18)](https://www.legislation.gov.uk/ukpga/1995/18), [s. 41(2)](https://www.legislation.gov.uk/ukpga/1995/18/section/41/2), [Sch. 2 para. 20(5)](https://www.legislation.gov.uk/ukpga/1995/18/schedule/2/paragraph/20/5); [S.I. 1996/2208](https://www.legislation.gov.uk/uksi/1996/2208), [art. 2(b)](https://www.legislation.gov.uk/uksi/1996/2208/article/2/b)
[^key-3cc8e7e3d594b3376625f2f1fa5e0f3f]: Words in [s. 54](https://www.legislation.gov.uk/ukpga/1991/48/section/54) inserted (7.10.1996) by [Jobseekers Act 1995 (c. 18)](https://www.legislation.gov.uk/ukpga/1995/18), [s. 41(2)](https://www.legislation.gov.uk/ukpga/1995/18/section/41/2), [Sch. 2 para. 20(6)](https://www.legislation.gov.uk/ukpga/1995/18/schedule/2/paragraph/20/6); [S.I. 1996/2208](https://www.legislation.gov.uk/uksi/1996/2208), [art. 2(b)](https://www.legislation.gov.uk/uksi/1996/2208/article/2/b)
[^key-87271a38b3acc23394c4f09c87eb3e2c]: Words in [Sch. 1 para. 5(4)](https://www.legislation.gov.uk/ukpga/1991/48/schedule/1/paragraph/5/4) inserted (7.10.1996) by [Jobseekers Act 1995 (c. 18)](https://www.legislation.gov.uk/ukpga/1995/18), [s. 41(2)](https://www.legislation.gov.uk/ukpga/1995/18/section/41/2), [Sch. 2 para. 20(7)](https://www.legislation.gov.uk/ukpga/1995/18/schedule/2/paragraph/20/7); [S.I. 1996/2208](https://www.legislation.gov.uk/uksi/1996/2208), [art. 2(b)](https://www.legislation.gov.uk/uksi/1996/2208/article/2/b)
[^key-561318212b45ca9d6a9bfa865cea8c98]: S. 28I inserted (22.1.1996 for specified purposes, 14.10.1996 for specified purposes) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 9](https://www.legislation.gov.uk/ukpga/1995/34/section/9), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1995/3262](https://www.legislation.gov.uk/uksi/1995/3262), [art. 2](https://www.legislation.gov.uk/uksi/1995/3262/article/2), [Sch. Pt. 2](https://www.legislation.gov.uk/uksi/1995/3262/schedule/part/2); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1)
[^key-9678e9aeed464acc43df77bdeda79048]: S. 14(1A) inserted (1.10.1995 for specified purposes, 14.10.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 3(1)](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/3/1); [S.I. 1995/2302](https://www.legislation.gov.uk/uksi/1995/2302), [art. 2](https://www.legislation.gov.uk/uksi/1995/2302/article/2), [Sch. Pt. 2](https://www.legislation.gov.uk/uksi/1995/2302/schedule/part/2); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1)
@@ -2651,22 +2618,8 @@
[^key-471f45cacd3e514b368de8fa02fe17ad]: Words in s. 26(2) inserted (4.11.1996) by [The Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/756)](https://www.legislation.gov.uk/uksi/1995/756), [arts. 1(2)](https://www.legislation.gov.uk/uksi/1995/756/article/1/2), [13(b)](https://www.legislation.gov.uk/uksi/1995/756/article/13/b) (with [art. 16](https://www.legislation.gov.uk/uksi/1995/756/article/16)); [S.R. 1996/297](https://www.legislation.gov.uk/nisr/1996/297), [art. 3](https://www.legislation.gov.uk/nisr/1996/297/article/3)
[^key-5d84e1cf5de1c6702991f7ca20754293]: [S. 28A](https://www.legislation.gov.uk/ukpga/1991/48/section/28A) and cross-heading inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 1(1)](https://www.legislation.gov.uk/ukpga/1995/34/section/1/1), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-c69ea0aea79ad3693192f74c4c76c99c]: [Sch. 4A](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4A) inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 1(2)](https://www.legislation.gov.uk/ukpga/1995/34/section/1/2), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 1](https://www.legislation.gov.uk/ukpga/1995/34/schedule/1); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-655920686602cbb1af9fef4bb471229e]: [S. 28B](https://www.legislation.gov.uk/ukpga/1991/48/section/28B) inserted (14.10.1996 for specified purposes, 2.12.1996 for specified purposes) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 2](https://www.legislation.gov.uk/ukpga/1995/34/section/2), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-d9e54a448dde146bf06e558fbfed0d4f]: [S. 28C](https://www.legislation.gov.uk/ukpga/1991/48/section/28C) inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 3](https://www.legislation.gov.uk/ukpga/1995/34/section/3), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-9a28fbb79c6bdbd47a437b3e2f3358df]: [S. 28E](https://www.legislation.gov.uk/ukpga/1991/48/section/28E) inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 5](https://www.legislation.gov.uk/ukpga/1995/34/section/5), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-2319bb3e35f4e90cc833069cafd11a29]: [S. 28F](https://www.legislation.gov.uk/ukpga/1991/48/section/28F) inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 6(1)](https://www.legislation.gov.uk/ukpga/1995/34/section/6/1), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-716c1620c73850a86fc7b133d49becb7]: [Sch. 4B](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4B) inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 6(2)](https://www.legislation.gov.uk/ukpga/1995/34/section/6/2), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 2](https://www.legislation.gov.uk/ukpga/1995/34/schedule/2); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-7ba5c6a8f4f2c0d55b5ddccd90b90b8c]: [S. 28G](https://www.legislation.gov.uk/ukpga/1991/48/section/28G) inserted (14.10.1996 for specified purposes, 2.12.1996 in so far as not already in force) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 7](https://www.legislation.gov.uk/ukpga/1995/34/section/7), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/1), [2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-692be854cd99c9efc52d0eb35ba3f135]: [S. 28D](https://www.legislation.gov.uk/ukpga/1991/48/section/28D) inserted (2.12.1996) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [ss. 4](https://www.legislation.gov.uk/ukpga/1995/34/section/4), [30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), [art. 2](https://www.legislation.gov.uk/uksi/1996/2630/article/2), [Sch. Pt. 2](https://www.legislation.gov.uk/uksi/1996/2630/schedule/part/2)
[^key-4e5f48bdf6e91479e809b5eeb28f7235]: S. 24(3)(c)(d) substituted for s. 24(3)(c) (2.12.1996) by [Child Support Act 1995 (c. 34)](https://www.legislation.gov.uk/ukpga/1995/34), [s. 30(4)](https://www.legislation.gov.uk/ukpga/1995/34/section/30/4), [Sch. 3 para. 7(3)](https://www.legislation.gov.uk/ukpga/1995/34/schedule/3/paragraph/7/3); [S.I. 1996/2630](https://www.legislation.gov.uk/uksi/1996/2630), art. 2, Sch. Pt. 2
@@ -2693,34 +2646,16 @@
[^key-ff3f9947e15702f75b827d9f6acd7605]: Sch. 4 para. 7: transfer of functions (19.5.1999) by [The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678)](https://www.legislation.gov.uk/uksi/1999/678), [arts. 1](https://www.legislation.gov.uk/uksi/1999/678/article/1), [2(1)](https://www.legislation.gov.uk/uksi/1999/678/article/2/1), [Sch.](https://www.legislation.gov.uk/uksi/1999/678/schedule)
[^key-02897f18c5be5377074811d2c2910ced]: Sch. 4B paras. 2-4 modified by [The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907)](https://www.legislation.gov.uk/uksi/1996/2907), [reg. 11A](https://www.legislation.gov.uk/uksi/1996/2907/regulation/11A) (as substituted (1.6.1999) by [S.I. 1999/1047](https://www.legislation.gov.uk/uksi/1999/1047), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1999/1047/regulation/1/1), [40](https://www.legislation.gov.uk/uksi/1999/1047/regulation/40))
[^key-f45944111f8f73812e72cdc4ca784cf7]: S. 28B(6) substituted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 35(2)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/35/2); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-fada411378e705b13d2c444a2026a789]: S. 28H substituted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 39](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/39); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-129934d3bebc47690e6a6a50f23c84ab]: S. 43(3) inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 40](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/40); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-2cf64a47c3d562c0a4036fa9b45bbf56]: S. 46(7) substituted for s. 46(7)(8) (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 43(3)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/43/3); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-3169df508da7684c37243a907c503791]: Ss. 46A, 46B inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 44](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/44); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-dd6a5e5fd4d2e8ffd5073c269657e12a]: Words in s. 51(2)(b) substituted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 46(b)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/46/b); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-00ffbd53d7c668105cf5763662d50046]: Sch. 4 para. 6(2) substituted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 52(4)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/52/4); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-24a50c459121609a42f38abb691954ac]: Words in Sch. 4A para. 8 substituted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(5)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/5); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-5e46179bfebba7d3d4ac18db9cb02634]: Sch. 4C inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 54](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/54); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-fe7ec60d7f9a9114d70c2e755531c8ab]: S. 28B(3) modified by [The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907)](https://www.legislation.gov.uk/uksi/1996/2907), [reg. 11A](https://www.legislation.gov.uk/uksi/1996/2907/regulation/11A) (as substituted (1.6.1999) by [S.I. 1999/1047](https://www.legislation.gov.uk/uksi/1999/1047), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1999/1047/regulation/1/1), [40](https://www.legislation.gov.uk/uksi/1999/1047/regulation/40))
[^key-4aa52b9b828fab7cae1393d367b74568]: S. 28C(2)(a) modified by [The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907)](https://www.legislation.gov.uk/uksi/1996/2907), [reg. 11A](https://www.legislation.gov.uk/uksi/1996/2907/regulation/11A) (as substituted (1.6.1999) by [S.I. 1999/1047](https://www.legislation.gov.uk/uksi/1999/1047), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1999/1047/regulation/1/1), [40](https://www.legislation.gov.uk/uksi/1999/1047/regulation/40))
[^key-d2f3771f18167c67b0ce55440f06afa0]: S. 28F(5) modified by [The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907)](https://www.legislation.gov.uk/uksi/1996/2907), [reg. 11A](https://www.legislation.gov.uk/uksi/1996/2907/regulation/11A) (as substituted (1.6.1999) by [S.I. 1999/1047](https://www.legislation.gov.uk/uksi/1999/1047), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1999/1047/regulation/1/1), [40](https://www.legislation.gov.uk/uksi/1999/1047/regulation/40))
[^key-071a81a0a0ce01018f7b829f3c49fe2f]: Sch. 4A para. 8 modified by [The Child Support Departure Direction and Consequential Amendments Regulations 1996 (S.I. 1996/2907)](https://www.legislation.gov.uk/uksi/1996/2907), [reg. 11A](https://www.legislation.gov.uk/uksi/1996/2907/regulation/11A) (as substituted (1.6.1999) by [S.I. 1999/1047](https://www.legislation.gov.uk/uksi/1999/1047), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1999/1047/regulation/1/1), [40](https://www.legislation.gov.uk/uksi/1999/1047/regulation/40))
[^key-2002e314a20e0b41d43d29e73cd8559e]: Sch. 4C extended by [The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816)](https://www.legislation.gov.uk/uksi/1992/1816), [reg. 12](https://www.legislation.gov.uk/uksi/1992/1816/regulation/12) (as substituted (1.6.1999) by [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [arts. 3(1)](https://www.legislation.gov.uk/uksi/1999/1510/article/3/1), [28](https://www.legislation.gov.uk/uksi/1999/1510/article/28) (with [Pt. 18](https://www.legislation.gov.uk/uksi/1999/1510/part/XVIII)))
[^key-688784f2e6c7426339fc1df6ac298ce2]: S. 17 substituted for ss. 17–19 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [ss. 41](https://www.legislation.gov.uk/ukpga/1998/14/section/41), [87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(d)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/d) (for a transitional provision see [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), art. 48(2))
@@ -2731,16 +2666,12 @@
[^key-1e29912720ae53adbf65033183657b0a]: Ss. 28ZC, 28ZD and cross-heading inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [ss. 44](https://www.legislation.gov.uk/ukpga/1998/14/section/44), [87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2); [S.I. 1999/528](https://www.legislation.gov.uk/uksi/1999/528), [art. 2(a)](https://www.legislation.gov.uk/uksi/1999/528/article/2/a), [Sch.](https://www.legislation.gov.uk/uksi/1999/528/schedule); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(d)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/d)
[^M_C_bec567af-760a-4336-be09-d817c57adc55]: Ss. 20, 21: transfer of functions (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [ss. 4(1)(b)](https://www.legislation.gov.uk/ukpga/1998/14/section/4/1/b)[(2)(b)](https://www.legislation.gov.uk/ukpga/1998/14/section/4/2/b), [87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(b)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/b)
[^key-f35d965ee40118d6371d2aa0acbab79a]: Sch. 3 repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 50](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/50), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2)
[^key-0b966792795620a4b2e05ca9b0415ffb]: Words in [s. 2](https://www.legislation.gov.uk/ukpga/1991/48/section/2) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 18](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/18), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/iii)
[^key-9ddda648f2f82abbded8ce8c25fef15c]: Words in [s. 4(4)](https://www.legislation.gov.uk/ukpga/1991/48/section/4/4) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 19](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/19), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/iii)
[^key-31ba660299e5136d5bdd1ea81d87e1e7]: Words in s. 6(9) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 20](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/20), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/iii)
[^key-d49d169304ad82d864a02c274c41e6dc]: Words in [s. 7(5)](https://www.legislation.gov.uk/ukpga/1991/48/section/7/5) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 21](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/21), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/iii)
[^key-8b4747e3c49de315f15f30be3c7bdd28]: Words in [s. 8(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/8/1)[(2)](https://www.legislation.gov.uk/ukpga/1991/48/section/8/2) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 22](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/22); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
@@ -2755,10 +2686,6 @@
[^key-78389f8f7ba0795b5a34d0c6cc86ec41]: Words in [s. 11(1A)](https://www.legislation.gov.uk/ukpga/1991/48/section/11/1A) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 24(2)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/24/2); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-7a4695348ef3633f9e016e102793cf3d]: [S. 12(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/12/1) substituted for [s. 12(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/12/1)[(1A)](https://www.legislation.gov.uk/ukpga/1991/48/section/12/1A) (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 25(1)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/25/1); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), art. 2(g)(iii)
[^key-6cd111d67fdde61ca0ff68e8d1ad31de]: Words in [s. 12(4)](https://www.legislation.gov.uk/ukpga/1991/48/section/12/4)[(5)](https://www.legislation.gov.uk/ukpga/1991/48/section/12/5) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 25(2)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/25/2); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), art. 2(g)(iii)
[^key-5d237004b044daf040df14a427165718]: S. 13 repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 26](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/26), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2) (and see [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 1(c)](https://www.legislation.gov.uk/ukpga/1998/14/section/1/c))
[^key-240f937d41135bb12a9af27ee7eeaebd]: Words in [s. 14(3)](https://www.legislation.gov.uk/ukpga/1991/48/section/14/3) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 27(b)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/27/b), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/iii)
@@ -2797,15 +2724,7 @@
[^key-14cf79683a32e323ef3f97f5ceb461ca]: Words in s. 28(1) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 33](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/33); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-5a6c5814a38c6d819d4962c78a15c660]: [S. 28A(4)](https://www.legislation.gov.uk/ukpga/1991/48/section/28A/4) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 34](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/34); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-c64f26a71fc9ee3ba1072d47701ed75f]: [S. 28B(4)](https://www.legislation.gov.uk/ukpga/1991/48/section/28B/4)[(5)](https://www.legislation.gov.uk/ukpga/1991/48/section/28B/5) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 35(1)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/35/1), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), art. 2(f)(iii)(g)(iii)
[^key-47c249b9e53d2716910c5ec445a6ecde]: Words in [s. 28D(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/28D/1)[(3)](https://www.legislation.gov.uk/ukpga/1991/48/section/28D/3) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 36](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/36); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-852a03e64f6a30fd3f7454b2fdadd721]: Words in [s. 28F(6)](https://www.legislation.gov.uk/ukpga/1991/48/section/28F/6) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 37](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/37); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-17a5bfef7e79d4d3c7f9312be43dda35]: [S. 28G(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/28G/1) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 38](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/38), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), art. 2(f)(iii)(g)(iii)
[^key-47c249b9e53d2716910c5ec445a6ecde]: Words in s. 28D(1)(3) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 36](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/36); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-992c6608ebfa7a71bd3242ac4b242c22]: Words in s. 44(1) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 41](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/41); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
@@ -2813,20 +2732,10 @@
[^key-52bd2643c22b419a03039053587dd3ca]: Words in s. 45(6) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 42(2)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/42/2); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-85be23d4f54325387f036d391f24f728]: Words in s. 46(2) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 43(1)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/43/1); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-0d04ea680cdb643aab0ed258b174e014]: Words in s. 46(3)-(6) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 43(2)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/43/2); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-481d02199802e4eae6785e7cdf10fb17]: Words in s. 46(11) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 43(4)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/43/4), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/iii)
[^key-42501bae3ecfe276187a205b63609595]: Words in s. 50(5)(c) inserted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 45](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/45); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iii)
[^key-98dc9a7f3a21f2679960b65dccbc7b08]: Words in s. 54 inserted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 47(a)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/47/a); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(iv)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/iv)
[^key-175d15cbc1de3b8bec0556755bd7d064]: Words in [Sch. 1 para. 8](https://www.legislation.gov.uk/ukpga/1991/48/schedule/1/paragraph/8) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 48(1)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/48/1); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-77602c68a44b3073a562c453216e6111]: Words in [Sch. 1 para. 9](https://www.legislation.gov.uk/ukpga/1991/48/schedule/1/paragraph/9) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 48(2)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/48/2); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-d6081a2aa4e3c279d4fc052014754790]: Words in Sch. 1 para. 15 substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 48(4)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/48/4); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-4dde63e9ee913b28464cb32ec4b4d446]: Words in [Sch. 1 para. 13](https://www.legislation.gov.uk/ukpga/1991/48/schedule/1/paragraph/13) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 48(3)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/48/3); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
@@ -2851,20 +2760,6 @@
[^key-7db5f7b1feca53e161cc4ab4e35bc453]: [Sch. 4 para. 5(3)](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4/paragraph/5/3) inserted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 52(3)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/52/3); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-6bd1e97a14c2a0bff647855b92e3f957]: Words in Sch. 4A para. 1 repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(1)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/1), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/v)
[^key-2b7ce0e68a4bbe1941672a135db19d95]: Words in Sch. 4A para. 2(b) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(2)(a)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/2/a); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-27689a913d3b57f6caac21b01ea44fa4]: Words in Sch. 4A para. 2(c) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(2)(b)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/2/b); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-32eb12fee5b99219287bf4d1c14c63b8]: Words in Sch. 4A para. 4(1) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(3)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/3), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/v)
[^key-a8efd10dfc4dca8c188238b689f7219b]: Sch. 4A para. 6 repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(4)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/4), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii/g/v)
[^key-4450f496f5cc965dc22c2dfb4654d758]: Words in [Sch. 4A para. 9](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4A/paragraph/9) cross-heading substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(6)(a)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/6/a); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-5f218b5505377f36967d21df4205215b]: Words in [Sch. 4A para. 9(1)](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4A/paragraph/9/1) substituted (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 7 para. 53(6)(b)](https://www.legislation.gov.uk/ukpga/1998/14/schedule/7/paragraph/53/6/b); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(g)(v)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/g/v)
[^key-9eb5fea59c6b99cfca85c362ae8dc426]: [Sch. 5 para. 3(3)](https://www.legislation.gov.uk/ukpga/1991/48/schedule/5/paragraph/3/3) repealed (1.6.1999) by [Social Security Act 1998 (c. 14)](https://www.legislation.gov.uk/ukpga/1998/14), [s. 87(2)](https://www.legislation.gov.uk/ukpga/1998/14/section/87/2), [Sch. 8](https://www.legislation.gov.uk/ukpga/1998/14/schedule/8); [S.I. 1999/1510](https://www.legislation.gov.uk/uksi/1999/1510), [art. 2(f)(iii)](https://www.legislation.gov.uk/uksi/1999/1510/article/2/f/iii)
[^key-12bf9a969f259023e9fddfb5c4022c4d]: S. 22(3) functions treated as exercisable in Scotland (30.6.1999) by [The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748)](https://www.legislation.gov.uk/uksi/1999/1748), [arts. 1](https://www.legislation.gov.uk/uksi/1999/1748/article/1), [3](https://www.legislation.gov.uk/uksi/1999/1748/article/3), [Sch. 1 para. 12](https://www.legislation.gov.uk/uksi/1999/1748/schedule/1/paragraph/12)
@@ -2889,11 +2784,7 @@
[^key-b71512bd1b91056ce3c14fdc073093b5]: [Sch. 4 para. 7](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4/paragraph/7): transfer of functions in relation to Scotland (1.7.1999) by [The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)](https://www.legislation.gov.uk/uksi/1999/1750), [arts. 1(1)](https://www.legislation.gov.uk/uksi/1999/1750/article/1/1), [2](https://www.legislation.gov.uk/uksi/1999/1750/article/2), [Sch. 1](https://www.legislation.gov.uk/uksi/1999/1750/schedule/1) (with [art. 7](https://www.legislation.gov.uk/uksi/1999/1750/article/7))
[^key-13361736e9b5365dfc14218d9c452630]: Words in [s. 6(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/6/1) repealed (5.10.1999) by [Tax Credits Act 1999 (c. 10)](https://www.legislation.gov.uk/ukpga/1999/10), [s. 20(2)](https://www.legislation.gov.uk/ukpga/1999/10/section/20/2), [Sch. 2 para. 17(a)](https://www.legislation.gov.uk/ukpga/1999/10/schedule/2/paragraph/17/a), [Sch. 6](https://www.legislation.gov.uk/ukpga/1999/10/schedule/6)
[^key-34d8e2b96df15d4128b3921bcc554dec]: Words in [s. 46(11)](https://www.legislation.gov.uk/ukpga/1991/48/section/46/11) repealed (5.10.1999) by [Tax Credits Act 1999 (c. 10)](https://www.legislation.gov.uk/ukpga/1999/10), [s. 20(2)](https://www.legislation.gov.uk/ukpga/1999/10/section/20/2), [Sch. 6](https://www.legislation.gov.uk/ukpga/1999/10/schedule/6)
[^key-1d8b9c5df1cbce7ab81b57c3e7110e96]: Words in [s. 47(3)(b)](https://www.legislation.gov.uk/ukpga/1991/48/section/47/3/b) substituted (5.10.1999) by [Tax Credits Act 1999 (c. 10)](https://www.legislation.gov.uk/ukpga/1999/10), [s. 20(2)](https://www.legislation.gov.uk/ukpga/1999/10/section/20/2), [Sch. 1 paras. 1(a)](https://www.legislation.gov.uk/ukpga/1999/10/schedule/1/paragraph/1/a), [6(f)(i)](https://www.legislation.gov.uk/ukpga/1999/10/schedule/1/paragraph/6/f/i)
[^key-1d8b9c5df1cbce7ab81b57c3e7110e96]: Words in s. 47(3)(b) substituted (5.10.1999) by [Tax Credits Act 1999 (c. 10)](https://www.legislation.gov.uk/ukpga/1999/10), [s. 20(2)](https://www.legislation.gov.uk/ukpga/1999/10/section/20/2), [Sch. 1 paras. 1(a)](https://www.legislation.gov.uk/ukpga/1999/10/schedule/1/paragraph/1/a), [6(f)(i)](https://www.legislation.gov.uk/ukpga/1999/10/schedule/1/paragraph/6/f/i)
[^key-629e736ee6297b55f20b0cea3b3ff4ba]: Words in s. 54 substituted (5.10.1999) by [Tax Credits Act 1999 (c. 10)](https://www.legislation.gov.uk/ukpga/1999/10), [s. 20(2)](https://www.legislation.gov.uk/ukpga/1999/10/section/20/2), [Sch. 1 paras. 1(a)](https://www.legislation.gov.uk/ukpga/1999/10/schedule/1/paragraph/1/a), [6(f)(ii)](https://www.legislation.gov.uk/ukpga/1999/10/schedule/1/paragraph/6/f/ii)
@@ -2915,9 +2806,73 @@
[^key-74c6f1704a52634096c8f6159f659186]: [Sch. 5 para. 2](https://www.legislation.gov.uk/ukpga/1991/48/schedule/5/paragraph/2) repealed (2.12.1999) by [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47), [ss. 100(2)](https://www.legislation.gov.uk/ukpga/1998/47/section/100/2), [101(3)](https://www.legislation.gov.uk/ukpga/1998/47/section/101/3), [Sch. 15](https://www.legislation.gov.uk/ukpga/1998/47/schedule/15) (with [s. 95](https://www.legislation.gov.uk/ukpga/1998/47/section/95), [Sch. 14](https://www.legislation.gov.uk/ukpga/1998/47/schedule/14)); [S.I. 1999/3209](https://www.legislation.gov.uk/uksi/1999/3209), [art. 2](https://www.legislation.gov.uk/uksi/1999/3209/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1999/3209/schedule)
[^key-0a6de93b9c998553766eb5291e09ba84]: S. 17(1)(c)-(e) substituted for s. 17(1)(c) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 9(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/9/2), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), art. 2, Sch. Pt. 1; [S.I. 2003/192](https://www.legislation.gov.uk/uksi/2003/192), [art. 3](https://www.legislation.gov.uk/uksi/2003/192/article/3), [Sch.](https://www.legislation.gov.uk/uksi/2003/192/schedule)
[^key-6c047636090c389a739c1b26075f08a7]: S. 17(4)(4A) substituted for s. 17(4) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 9(3)](https://www.legislation.gov.uk/ukpga/2000/19/section/9/3), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), art. 2, Sch. Pt. 1; [S.I. 2003/192](https://www.legislation.gov.uk/uksi/2003/192), [art. 3](https://www.legislation.gov.uk/uksi/2003/192/article/3), [Sch.](https://www.legislation.gov.uk/uksi/2003/192/schedule)
[^key-2922deea82ba2afc4e6931529c5e4e82]: S. 20 substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 10](https://www.legislation.gov.uk/ukpga/2000/19/section/10), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch.
[^key-e0aab5bffaa120ad84ea374c99643944]: [S. 6](https://www.legislation.gov.uk/ukpga/1991/48/section/6) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 3](https://www.legislation.gov.uk/ukpga/2000/19/section/3), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-69347c427e5cd1d86248c935b9f472a2]: [S. 12](https://www.legislation.gov.uk/ukpga/1991/48/section/12) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 4](https://www.legislation.gov.uk/ukpga/2000/19/section/4), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-8a599091430eae0a639366595737b7c2]: Ss. 28A-28C substituted for ss. 28A-28C (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/2), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule); [S.I. 2003/192](https://www.legislation.gov.uk/uksi/2003/192), [art. 3](https://www.legislation.gov.uk/uksi/2003/192/article/3), [Sch.](https://www.legislation.gov.uk/uksi/2003/192/schedule)
[^key-09a4340d6dcf364342a19fdc58878fa6]: [S. 28D(1)](https://www.legislation.gov.uk/ukpga/1991/48/section/28D/1) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(3)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/3/a), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-246692363aacdc64072db1bcddcd7321]: Words in [s. 28D(2)](https://www.legislation.gov.uk/ukpga/1991/48/section/28D/2)[(3)](https://www.legislation.gov.uk/ukpga/1991/48/section/28D/3) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(3)(b)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/3/b), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-83abab40e08b8c78cc6bcdbbd5207638]: Words in [s. 28D(2)(a)](https://www.legislation.gov.uk/ukpga/1991/48/section/28D/2/a) repealed (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(3)(c)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/3/c), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2), [Sch. 9 Pt. I](https://www.legislation.gov.uk/ukpga/2000/19/schedule/9/part/I) (with [s. 83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-90c559bc3e66b1e524306a4c8ddc8cb2]: [S. 28D(2)(c)](https://www.legislation.gov.uk/ukpga/1991/48/section/28D/2/c) and preceding word inserted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(3)(c)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/3/c), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-d2bfe0cfb539a47dff24495eec796252]: Words in s. 28E(1)(3)(4) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(4)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/4/a), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-8dc766063f8f3005d23f1881d2c07a24]: Words in s. 28E(4)(a) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(4)(b)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/4/b), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-b753db93fa755ff7e5d6e749891d8287]: [S. 28F](https://www.legislation.gov.uk/ukpga/1991/48/section/28F) substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 5(5)](https://www.legislation.gov.uk/ukpga/2000/19/section/5/5), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch.
[^key-02bf5e6bce15dae6fdf6f33aa599646f]: [S. 28G](https://www.legislation.gov.uk/ukpga/1991/48/section/28G) substituted (10.11.2000 for specified purposes, 1.1.2001 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 7](https://www.legislation.gov.uk/ukpga/2000/19/section/7), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pts. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1), 2; S.I. 2003/192, art. 3, Sch.
[^key-ebf16a1ceed4a8a545561ce405f759ec]: S. 39A inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 16(1)](https://www.legislation.gov.uk/ukpga/2000/19/section/16/1), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); [S.I. 2000/3354](https://www.legislation.gov.uk/uksi/2000/3354), [art. 2](https://www.legislation.gov.uk/uksi/2000/3354/article/2)
[^key-d57b31328b392f5060b65f354303357f]: S. 40B inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 16(3)](https://www.legislation.gov.uk/ukpga/2000/19/section/16/3), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); [S.I. 2000/3354](https://www.legislation.gov.uk/uksi/2000/3354), [art. 2](https://www.legislation.gov.uk/uksi/2000/3354/article/2)
[^key-ed767ac7f345d7635263d89f2a155121]: S. 40(1)(2) repealed (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 16(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/16/2), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2), [Sch. 9 Pt. 1](https://www.legislation.gov.uk/ukpga/2000/19/schedule/9/part/I) (with [s. 83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); [S.I. 2000/3354](https://www.legislation.gov.uk/uksi/2000/3354), [art. 2](https://www.legislation.gov.uk/uksi/2000/3354/article/2)
[^key-1574537440dc57edb91d2b31e26b26fb]: S. 40(12) substituted for s. 40(12)-(14) (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 17(1)](https://www.legislation.gov.uk/ukpga/2000/19/section/17/1), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); [S.I. 2000/3354](https://www.legislation.gov.uk/uksi/2000/3354), [art. 2](https://www.legislation.gov.uk/uksi/2000/3354/article/2)
[^key-6e5673ecb8b7d9314956f64da4c2f3af]: S. 40A inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 17(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/17/2), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); [S.I. 2000/3354](https://www.legislation.gov.uk/uksi/2000/3354), [art. 2](https://www.legislation.gov.uk/uksi/2000/3354/article/2)
[^key-15b89183b0f1ce73b1839d0c848d901e]: [S. 41(3)-(5)](https://www.legislation.gov.uk/ukpga/1991/48/section/41/3) repealed (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 18(1)](https://www.legislation.gov.uk/ukpga/2000/19/section/18/1), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2), [Sch. 9 Pt. 1](https://www.legislation.gov.uk/ukpga/2000/19/schedule/9/part/I) (with [s. 83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch.
[^key-9f02f341808ed2cf5653de0b15895468]: [S. 41A](https://www.legislation.gov.uk/ukpga/1991/48/section/41A) substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 18(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/18/2), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch. (note that Child Support Act 1995 (c. 34), s. 22, which inserted s. 41A of this Act, was never brought into force)
[^key-aabc19789660e684f50664cd93c0f491]: S. 41B(1A) inserted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 20(3)](https://www.legislation.gov.uk/ukpga/2000/19/section/20/3), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch.
[^key-fe4f6d275e6a99e3ba3e08c38849ddde]: S. 41B(7) substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 20(4)](https://www.legislation.gov.uk/ukpga/2000/19/section/20/4), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch.
[^key-eb744d73b9e31da15428d4186f36fee0]: [S. 46](https://www.legislation.gov.uk/ukpga/1991/48/section/46) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 19](https://www.legislation.gov.uk/ukpga/2000/19/section/19), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-0b84fec00bc12f2000a1d114af6a3345]: [S. 28J](https://www.legislation.gov.uk/ukpga/1991/48/section/28J) and cross-heading inserted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 20(1)](https://www.legislation.gov.uk/ukpga/2000/19/section/20/1), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 5
[^key-dfa171989cd6d364e5cc5680eb07d988]: S. 43 substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 21](https://www.legislation.gov.uk/ukpga/2000/19/section/21), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule); [S.I. 2003/192](https://www.legislation.gov.uk/uksi/2003/192), [art. 3](https://www.legislation.gov.uk/uksi/2003/192/article/3), [Sch.](https://www.legislation.gov.uk/uksi/2003/192/schedule)
[^key-e0a12a86a50adb393b98ff77f9d9d1f7]: S. 44(2A) inserted (10.11.2000 for specified purposes, 31.1.2001 in so far as not already in force) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 22(3)](https://www.legislation.gov.uk/ukpga/2000/19/section/22/3), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); [S.I. 2000/3354](https://www.legislation.gov.uk/uksi/2000/3354), [art. 2(1)(a)](https://www.legislation.gov.uk/uksi/2000/3354/article/2/1)
[^key-89fc8d5550f91abca035df6ed8a64646]: [S. 52(2)](https://www.legislation.gov.uk/ukpga/1991/48/section/52/2)[(2A)](https://www.legislation.gov.uk/ukpga/1991/48/section/52/2A) substituted for [s. 52(2)](https://www.legislation.gov.uk/ukpga/1991/48/section/52/2) (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 25](https://www.legislation.gov.uk/ukpga/2000/19/section/25), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-fecb48a4b2ed1a638dac6ba4291f16e8]: Sch. 1 Pt. 1 substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 1(3)](https://www.legislation.gov.uk/ukpga/2000/19/section/1/3), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2), [Sch. 1](https://www.legislation.gov.uk/ukpga/2000/19/schedule/1) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2(1)](https://www.legislation.gov.uk/uksi/2000/2994/article/2/1), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch.
[^key-efff26865f557701a6febc67b472593a]: [Sch. 4A](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4A) substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 6(1)](https://www.legislation.gov.uk/ukpga/2000/19/section/6/1), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2), [Sch. 2 Pt. I](https://www.legislation.gov.uk/ukpga/2000/19/schedule/2/part/I) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2(1)](https://www.legislation.gov.uk/uksi/2000/2994/article/2/1), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1); S.I. 2003/192, art. 3, Sch.
[^key-8d14fb997a6630f538a202214e47ad0a]: [Sch. 4B](https://www.legislation.gov.uk/ukpga/1991/48/schedule/4B) substituted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [ss. 6(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/6/2), [86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2), [Sch. 2 Pt. II](https://www.legislation.gov.uk/ukpga/2000/19/schedule/2/part/II) (with [ss. 28](https://www.legislation.gov.uk/ukpga/2000/19/section/28), [83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2(1)](https://www.legislation.gov.uk/uksi/2000/2994/article/2/1), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^key-c956c5319775e2cbd30aad90a20ce67f]: [S. 47(4)](https://www.legislation.gov.uk/ukpga/1991/48/section/47/4) inserted (10.11.2000 for specified purposes) by [Child Support, Pensions and Social Security Act 2000 (c. 19)](https://www.legislation.gov.uk/ukpga/2000/19), [s. 86(1)(a)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/1/a)[(2)](https://www.legislation.gov.uk/ukpga/2000/19/section/86/2), [Sch. 3 para. 11(18)](https://www.legislation.gov.uk/ukpga/2000/19/schedule/3/paragraph/11/18) (with [s. 83(6)](https://www.legislation.gov.uk/ukpga/2000/19/section/83/6)); [S.I. 2000/2994](https://www.legislation.gov.uk/uksi/2000/2994), [art. 2](https://www.legislation.gov.uk/uksi/2000/2994/article/2), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/2994/schedule/part/1)
[^M_P_355fcfc8-764c-430d-a3e3-8132c3eda4f4]: S. 58(2): 17.6.1992 appointed for specified provisions and purposes by [S.I. 1992/1431](https://www.legislation.gov.uk/uksi/1992/1431), [art. 2](https://www.legislation.gov.uk/uksi/1992/1431/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1992/1431/schedule) S. 58: 1.9.1992 appointed for specified provisions by [S.I. 1992/1938](https://www.legislation.gov.uk/uksi/1992/1938), [art. 2](https://www.legislation.gov.uk/uksi/1992/1938/article/2) S. 58(2)-(6): 5.4.1993 appointed for specified provisions by [S.I. 1992/2644](https://www.legislation.gov.uk/uksi/1992/2644), [art. 2](https://www.legislation.gov.uk/uksi/1992/2644/article/2) (with transitional provisions in [art. 3](https://www.legislation.gov.uk/uksi/1992/2644/article/3), [Sch.](https://www.legislation.gov.uk/uksi/1992/2644/schedule))
#### Child support officers.
#### Right of child in Scotland to apply for assessment.
##### 27A
@@ -2961,6 +2916,14 @@
- (b) it would be inappropriate to rely on an adjustment of the amount payable under a maintenance assessment as the means of enabling the absent parent to recover the amount of the overpayment.
- (1A) This section also applies where the non-resident parent has made a voluntary payment and it appears to the Secretary of State—
- (a) that he is not liable to pay child support maintenance; or
- (b) that he is liable, but some or all of the payment amounts to an overpayment,
and, in a case falling within paragraph (b), it also appears to him that subsection (1)(a) or (b) applies.
- (2) The Secretary of State may make such payment to the absent parent by way of reimbursement, or partial reimbursement, of the overpayment as the Secretary of State considers appropriate.
- (3) Where the Secretary of State has made a payment under this section he may, in such circumstances as may be prescribed, require the relevant person to pay to him the whole, or a specified proportion, of the amount of that payment.
@@ -2975,7 +2938,13 @@
- (b) child support maintenance has continued to be payable by the absent parent concerned to the person with care concerned, or again becomes so payable.
- (7) For the purposes of this section any payments made by a person under a maintenance assessment which was not validly made shall be treated as overpayments of child support maintenance made by an absent parent.
- (7) For the purposes of this section—
- (a) a payment made by a person under a maintenance calculation which was not validly made; and
- (b) a voluntary payment made in the circumstances set out in subsection (1A)(a),
shall be treated as an overpayment of child support maintenance made by a non-resident parent.
- (8) In this section “*relevant person*”, in relation to an overpayment, means the person with care to whom the overpayment was made.
@@ -3039,93 +3008,85 @@
- (5) Regulations under section 28G(4) may not provide for a departure direction to have effect from a date earlier than that on which that section came into force.
### Departure from usual rules for determining maintenance assessments
### Variations
##### 28A
- (1) Where a maintenance assessment (“the current assessment”) is in force—
- (a) the person with care, or absent parent, with respect to whom it was made, or
- (b) where the application for the current assessment was made under section 7, either of those persons or the child concerned,
may apply to the Secretary of State for a direction under section 28F (a “departure direction”).
- (2) An application for a departure direction shall state in writing the grounds on which it is made and shall, in particular, state whether it is based on—
- (a) the effect of the current assessment; or
- (b) a material change in the circumstances of the case since the current assessment was made.
- (3) In other respects, an application for a departure direction shall be made in such manner as may be prescribed.
- (4) An application may be made under this section even though an application has been made under section 16(1) or 17(1) with respect to the current assessment.
- (5) If the Secretary of State considers it appropriate to do so, he may by regulations provide for the question whether a change of circumstances is material to be determined in accordance with the regulations.
- (6) Schedule 4A has effect in relation to departure directions.
- (1) Where an application for a maintenance calculation is made under section 4 or 7, or treated as made under section 6, the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned may apply to the Secretary of State for the rules by which the calculation is made to be varied in accordance with this Act.
- (2) Such an application is referred to in this Act as an “*application for a variation*”.
- (3) An application for a variation may be made at any time before the Secretary of State has reached a decision (under section 11 or 12(1)) on the application for a maintenance calculation (or the application treated as having been made under section 6).
- (4) A person who applies for a variation—
- (a) need not make the application in writing unless the Secretary of State directs in any case that he must; and
- (b) must say upon what grounds the application is made.
- (5) In other respects an application for a variation is to be made in such manner as may be prescribed.
- (6) Schedule 4A has effect in relation to applications for a variation.
##### 28B
- (1) Where an application for a departure direction has been duly made to the Secretary of State, he may give the application a preliminary consideration.
- (2) Where the Secretary of State does so he may, on completing the preliminary consideration, reject the application if it appears to him—
- (a) that there are no grounds on which a departure direction could be given in response to the application; or
- (b) that the difference between the current amount and the revised amount is less than an amount to be calculated in accordance with regulations made by the Secretary of State for the purposes of this subsection and section 28F(4).
- (3) In subsection (2)—
- “*the current amount*” means the amount of the child support maintenance fixed by the current assessment; and
- “*the revised amount*” means the amount of child support maintenance which, but for subsection (2)(b), would be fixed if a fresh maintenance assessment were to be made as a result of a departure direction allowing the departure applied for.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Where a decision as to a maintenance assessment is revised or superseded under section 16 or 17, the Secretary of State—
- (a) shall notify the applicant and such other persons as may be prescribed that the decision has been revised or superseded; and
- (b) may direct that the application is to lapse unless, before the end of such period as may be prescribed, the applicant notifies the Secretary of State that he wishes it to stand.
- (1) Where an application for a variation has been duly made to the Secretary of State, he may give it a preliminary consideration.
- (2) Where he does so he may, on completing the preliminary consideration, reject the application (and proceed to make his decision on the application for a maintenance calculation without any variation) if it appears to him—
- (a) that there are no grounds on which he could agree to a variation;
- (b) that he has insufficient information to make a decision on the application for the maintenance calculation under section 11 (apart from any information needed in relation to the application for a variation), and therefore that his decision would be made under section 12(1); or
- (c) that other prescribed circumstances apply.
##### 28C
- (1) Where an application for a departure direction is made by an absent parent, the Secretary of State may impose on him one of the conditions mentioned in subsection (2) (“a regular payments condition”).
- (1) Where—
- (a) an application for a variation is made by the non-resident parent; and
- (b) the Secretary of State makes an interim maintenance decision,
the Secretary of State may also, if he has completed his preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “*regular payments condition*”).
- (2) The conditions are that—
- (a) the applicant must make the payments of child support maintenance fixed by the current assessment;
- (b) the applicant must make such reduced payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.
- (3) Where the Secretary of State imposes a regular payments condition, he shall give written notice to the absent parent and person with care concerned of the imposition of the condition and of the effect of failure to comply with it.
- (4) A regular payments condition shall cease to have effect on the failure or determination of the application.
- (5) For the purposes of subsection (4), an application for a departure direction fails if—
- (a) it lapses or is withdrawn; or
- (b) the Secretary of State rejects it on completing a preliminary consideration under section 28B.
- (6) Where an absent parent has failed to comply with a regular payments condition—
- (a) the Secretary of State may refuse to consider the application; and
- (b) in prescribed circumstances the application shall lapse.
- (7) The question whether an absent parent has failed to comply with a regular payments condition shall be determined by the Secretary of State.
- (8) Where the Secretary of State determines that an absent parent has failed to comply with a regular payments condition he shall give that parent, and the person with care concerned, written notice of his decision.
#### Matters to be taken into account.
- (a) the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;
- (b) the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.
- (3) Where the Secretary of State imposes a regular payments condition, he shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—
- (a) the non-resident parent;
- (b) all the persons with care concerned; and
- (c) if the application for the maintenance calculation was made under section 7, the child who made the application.
- (4) A regular payments condition shall cease to have effect—
- (a) when the Secretary of State has made a decision on the application for a maintenance calculation under section 11 (whether he agrees to a variation or not);
- (b) on the withdrawal of the application for a variation.
- (5) Where a non-resident parent has failed to comply with a regular payments condition, the Secretary of State may in prescribed circumstances refuse to consider the application for a variation, and instead reach his decision under section 11 as if no such application had been made.
- (6) The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the Secretary of State.
- (7) Where the Secretary of State determines that a non-resident parent has failed to comply with a regular payments condition he shall give written notice of his determination to—
- (a) that parent;
- (b) all the persons with care concerned; and
- (c) if the application for the maintenance calculation was made under section 7, the child who made the application.
#### Default and interim maintenance decisions.
##### 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.
- (1) In determining whether to agree to a variation, 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—
@@ -3133,15 +3094,15 @@
- (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—
- (3) In determining whether to agree to a variation, 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
- (4) In determining whether to agree to a variation, 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 the Secretary of State agreed to a variation, 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.
@@ -3149,63 +3110,47 @@
##### 28F
- (1) The Secretary of State may give a departure direction if—
- (1) The Secretary of State may agree to a variation if—
- (a) he is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and
- (b) it is his opinion that, in all the circumstances of the case, it would be just and equitable to give a departure direction.
- (2) In considering whether it would be just and equitable in any case to give a departure direction, the Secretary of State shall have regard, in particular, to—
- (a) the financial circumstances of the absent parent concerned,
- (b) the financial circumstances of the person with care concerned, and
- (c) the welfare of any child likely to be affected by the direction.
- (3) The Secretary of State may by regulations make provision—
- (a) for factors which are to be taken into account in determining whether it would be just and equitable to give a departure direction in any case;
- (b) for factors which are not to be taken into account in determining such a question.
- (4) The Secretary of State shall not give a departure direction if he is satisfied that the difference between the current amount and the revised amount is less than an amount to be calculated in accordance with regulations made by the Secretary of State for the purposes of this subsection and section 28B(2).
- (5) In subsection (4)—
- “*the current amount*” means the amount of the child support maintenance fixed by the current assessment, and
- “*the revised amount*” means the amount of child support maintenance which would be fixed if a fresh maintenance assessment were to be made as a result of the departure direction which the Secretary of State would give in response to the application but for subsection (4).
- (6) A departure direction shall—
- (a) require the making of one or more fresh maintenance assessments; and
- (b) specify the basis on which the amount of child support maintenance is to be fixed by any assessment made in consequence of the direction.
- (7) In giving a departure direction, the Secretary of State shall comply with the provisions of regulations made under Part II of Schedule 4B.
- (8) Before the end of such period as may be prescribed, the Secretary of State shall notify the applicant for a departure direction, and such other persons as may be prescribed—
- (a) of his decision in relation to the application, and
- (b) of the reasons for his decision.
- (b) it is his opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.
- (2) In considering whether it would be just and equitable in any case to agree to a variation, the Secretary of State—
- (a) must have regard, in particular, to the welfare of any child likely to be affected if he did agree to a variation; and
- (b) must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.
- (3) The Secretary of State shall not agree to a variation (and shall proceed to make his decision on the application for a maintenance calculation without any variation) if he is satisfied that—
- (a) he has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that his decision would be made under section 12(1); or
- (b) other prescribed circumstances apply.
- (4) Where the Secretary of State agrees to a variation, he shall—
- (a) determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation (including an application treated as having been made); and
- (b) make a decision under section 11 on that basis.
- (5) If the Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by his decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.
- (6) In determining whether or not to agree to a variation, the Secretary of State shall comply with regulations made under Part II of Schedule 4B.
##### 28G
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) A departure direction may be given so as to have effect—
- (a) for a specified period; or
- (b) until the occurrence of a specified event.
- (3) The Secretary of State may by regulations make provision for the cancellation of a departure direction in prescribed circumstances.
- (4) The Secretary of State may by regulations make provision as to when a departure direction is to take effect.
- (5) Regulations under subsection (4) may provide for a departure direction to have effect from a date earlier than that on which the direction is given.
- (1) An application for a variation may also be made when a maintenance calculation is in force.
- (2) The Secretary of State may by regulations provide for—
- (a) sections 16, 17 and 20; and
- (b) sections 28A to 28F and Schedules 4A and 4B,
to apply with prescribed modifications in relation to such applications.
- (3) The Secretary of State may by regulations provide that, in prescribed cases (or except in prescribed cases), a decision under section 17 made otherwise than pursuant to an application for a variation may be made on the basis of a variation agreed to for the purposes of an earlier decision without a new application for a variation having to be made.
## SCHEDULE 4A
@@ -3213,13 +3158,7 @@
##### 1
In this Schedule—
- “*departure application*” means an application for a departure direction;
- “*regulations*” means regulations made by the Secretary of State;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Schedule, “regulations” means regulations made by the Secretary of State.
### Applications for departure directions
@@ -3227,39 +3166,31 @@
Regulations may make provision—
- (a) as to the procedure to be followed in considering a departure application;
- (b) as to the procedure to be followed when a departure application is referred to an appeal tribunal under section 28D(1)(b);
- (c) for the giving of a direction by the Secretary of State as to the order in which, in a particular case, a decision on a departure application and a decision under section 16 or 17 are to be made;
- (d) for the reconsideration of a departure application in a case where further information becomes available to the Secretary of State after the application has been determined.
- (a) as to the procedure to be followed in considering an application for a variation;
- (b) as to the procedure to be followed when an application for a variation is referred to an appeal tribunal under section 28D(1)(b).
### Completion of preliminary consideration
##### 3
Regulations may provide for determining when the preliminary consideration of a departure application is to be taken to have been completed.
Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.
### Information
##### 4
- (1) Regulations may make provision for the use for any purpose of this Act of—
- (a) information acquired by the Secretary of State in connection with an application for, or the making of, a departure direction;
- (b) information acquired by ... the Secretary of State in connection with an application for, or the making of, a maintenance assessment.
- (2) If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with a departure application has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to determine the application.
If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to consider the application.
### Anticipation of change of circumstances
##### 5
- (1) A departure direction may be given so as to provide that if the circumstances of the case change in such manner as may be specified in the direction a fresh maintenance assessment is to be made.
- (2) Where any such provision is made, the departure direction may provide for the basis on which the amount of child support maintenance is to be fixed by the fresh maintenance assessment to differ from the basis on which the amount of child support maintenance was fixed by any earlier maintenance assessment made as a result of the direction.
- (1) Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.
- (2) In sub-paragraph (1), the reference to an application for a maintenance calculation includes an application treated as having been made under section 6.
- (3) An appeal tribunal considering an application for a variation under section 28D(1)(b) may consider it at the same time as an appeal under section 20 in connection with an interim maintenance decision, if it considers that to be appropriate.
### Reviews and departure directions
@@ -3317,159 +3248,123 @@
##### 1
- (1) The cases in which a departure direction may be given are those set out in this Part of this Schedule or in regulations made under this Part.
- (2) In this Schedule “*applicant*” means the person whose application for a departure direction is being considered.
- (1) The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part.
- (2) In this Schedule “applicant” means the person whose application for a variation is being considered.
### Special expenses
##### 2
- (1) A departure direction may be given with respect to special expenses of the applicant which were not, and could not have been, taken into account in determining the current assessment in accordance with the provisions of, or made under, Part I of Schedule 1.
- (2) In this paragraph “*special expenses*” means the whole, or any prescribed part, of expenses which fall within a prescribed description of expenses.
- (1) A variation applied for by a non-resident parent may be agreed with respect to his special expenses.
- (2) In this paragraph “special expenses” means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.
- (3) In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to—
- (a) costs incurred in travelling to work;
- (b) costs incurred by an absent parent in maintaining contact with the child, or with any of the children, with respect to whom he is liable to pay child support maintenance under the current assessment;
- (c) costs attributable to a long-term illness or disability of the applicant or of a dependant of the applicant;
- (d) debts incurred, before the absent parent became an absent parent in relation to a child with respect to whom the current assessment was made—
- (a) costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made (or treated as made);
- (b) costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);
- (c) debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for (or treated as having been applied for)—
- (i) for the joint benefit of both parents;
- (ii) for the benefit of any child with respect to whom the current assessment was made; or
- (ii) for the benefit of any such child; or
- (iii) for the benefit of any other child falling within a prescribed category;
- (e) pre-1993 financial commitments from which it is impossible for the parent concerned to withdraw or from which it would be unreasonable to expect that parent to have to withdraw;
- (f) costs incurred by a parent in supporting a child who is not his child but who is part of his family.
- (4) For the purposes of sub-paragraph (3)(c)—
- (a) the question whether one person is a dependant of another shall be determined in accordance with regulations made by the Secretary of State;
- (b) “*disability*” and “*illness*” have such meaning as may be prescribed; and
- (c) the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.
- (5) For the purposes of sub-paragraph (3)(e), “*pre-1993 financial commitments*” means financial commitments of a prescribed kind entered into before 5th April 1993 in any case where—
- (a) a court order of a prescribed kind was in force with respect to the absent parent and the person with care concerned at the time when they were entered into; or
- (b) an agreement between them of a prescribed kind was in force at that time.
- (6) For the purposes of sub-paragraph (3)(f), a child who is not the child of a particular person is a part of that person’s family in such circumstances as may be prescribed.
- (d) boarding school fees for a child in relation to whom the application for a maintenance calculation has been made (or treated as made);
- (e) the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and she and a child in relation to whom the application for a maintenance calculation has been made (or treated as made) still live there.
- (4) For the purposes of sub-paragraph (3)(b)—
- (a) “disability” and “illness” have such meaning as may be prescribed; and
- (b) the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.
- (5) For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe—
- (a) the meaning of “boarding school fees”; and
- (b) components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,
and may provide for estimating any such component.
### Property or capital transfers
##### 3
- (1) A departure direction may be given if—
- (a) before 5th April 1993—
- (i) a court order of a prescribed kind was in force with respect to the absent parent and either the person with care with respect to whom the current assessment was made or the child, or any of the children, with respect to whom that assessment was made, or
- (ii) an agreement of a prescribed kind between the absent parent and any of those persons was in force;
- (b) in consequence of one or more transfers of property of a prescribed kind—
- (i) the amount payable by the absent parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or
- (ii) no amount was payable by the absent parent by way of maintenance; and
- (c) the effect of that transfer, or those transfers, is not properly reflected in the current assessment.
- (2) For the purposes of sub-paragraph (1)(b), “*maintenance*” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the current assessment was made.
- (3) For the purposes of sub-paragraph (1)(c), the question whether the effect of one or more transfers of property is properly reflected in the current assessment shall be determined in accordance with regulations made by the Secretary of State.
- (1) A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993—
- (a) a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or
- (b) an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.
- (2) The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value—
- (a) the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or
- (b) no amount was payable by the non-resident parent by way of maintenance.
- (3) For the purposes of sub-paragraph (2), “maintenance” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.
##### 4
- (1) A departure direction may be given if—
- (a) before 5th April 1993—
- (i) a court order of a prescribed kind was in force with respect to the absent parent and either the person with care with respect to whom the current assessment was made or the child, or any of the children, with respect to whom that assessment was made, or
- (ii) an agreement of a prescribed kind between the absent parent and any of those persons was in force;
- (b) in pursuance of the court order or agreement, the absent parent has made one or more transfers of property of a prescribed kind;
- (c) the amount payable by the absent parent by way of maintenance was not reduced as a result of that transfer or those transfers;
- (d) the amount payable by the absent parent by way of child support maintenance under the current assessment has been reduced as a result of that transfer or those transfers, in accordance with provisions of or made under this Act; and
- (e) it is nevertheless inappropriate, having regard to the purposes for which the transfer or transfers was or were made, for that reduction to have been made.
- (2) For the purposes of sub-paragraph (1)(c), “*maintenance*” means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the current assessment was made.
- (1) The Secretary of State may by regulations prescribe other cases in which a variation may be agreed.
- (2) Regulations under this paragraph may, for example, make provision with respect to cases where—
- (a) the non-resident parent has assets which exceed a prescribed value;
- (b) a person’s lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;
- (c) a person has income which is not taken into account in such a calculation;
- (d) a person has unreasonably reduced the income which is taken into account in such a calculation.
### Additional cases
##### 5
- (1) The Secretary of State may by regulations prescribe other cases in which a departure direction may be given.
- (2) Regulations under this paragraph may, for example, make provision with respect to cases where—
- (a) assets which do not produce income are capable of producing income;
- (b) a person’s life-style is inconsistent with the level of his income;
- (c) housing costs are unreasonably high;
- (d) housing costs are in part attributable to housing persons whose circumstances are such as to justify disregarding a part of those costs;
- (e) travel costs are unreasonably high; or
- (f) travel costs should be disregarded.
- (1) The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.
- (2) No variations may be made other than those which are permitted by the regulations.
- (3) Regulations under this paragraph may, in particular, make provision for a variation to result in—
- (a) a person’s being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;
- (b) a person’s being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.
- (4) Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.
- (5) Any regulations under this paragraph may in particular make different provision with respect to different levels of income.
## Part II — Regulatory Controls
##### 6
- (1) The Secretary of State may by regulations make provision with respect to the directions which may be given in a departure direction.
- (2) No directions may be given other than those which are permitted by the regulations.
- (3) Regulations under this paragraph may, in particular, make provision for a departure direction to require—
- (a) the substitution, for any formula set out in Part I of Schedule 1, of such other formula as may be prescribed;
- (b) any prescribed amount by reference to which any calculation is to be made in fixing the amount of child support maintenance to be increased or reduced in accordance with the regulations;
- (c) the substitution, for any provision in accordance with which any such calculation is to be made, of such other provision as may be prescribed.
- (4) Regulations may limit the extent to which the amount of the child support maintenance fixed by a maintenance assessment made as a result of a departure direction may differ from the amount of the child support maintenance which would be fixed by a maintenance assessment made otherwise than as a result of the direction.
- (5) Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a departure direction, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.
- (6) No departure direction may be given so as to have the effect of denying to an absent parent the protection of paragraph 6 of Schedule 1.
- (7) Sub-paragraph (6) does not prevent the modification of the provisions of, or made under, paragraph 6 of Schedule 1 to the extent permitted by regulations under this paragraph.
- (8) Any regulations under this paragraph may make different provision with respect to different levels of income.
The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications).
##### 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 an 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), an 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.
- (1) Where an application for a variation has not failed, the Secretary of State shall, in accordance with the relevant provisions of, or made under, this Act—
- (a) either agree or not to a variation, and make a decision under section 11 or 12(1); or
- (b) refer the application to an appeal tribunal for the tribunal to determine what variation, if any, is to be made.
- (2) For the purposes of subsection (1), an application for a variation has failed if—
- (a) it has ... been withdrawn; or
- (b) the Secretary of State has rejected it on completing a preliminary consideration under section 28B; or
- (c) the Secretary of State has refused to consider it under section 28C(5).
- (3) In dealing with an application for a variation which has been referred to it under subsection (1)(b), an 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.
##### 28H
@@ -3816,3 +3711,285 @@
- (b) for the purposes of any proceedings (civil or criminal) in connection with the operation of this Act or any corresponding Northern Ireland legislation.
- (5) For the purposes of this paragraph “*self-employed earner*” and “*tax year*” have the same meaning as in Parts I to VI of the Social Security Contributions and Benefits Act 1992 or, in relation to Northern Ireland, the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
#### Determination of applications.
### Voluntary payments
##### 28J
- (1) This section applies where—
- (a) a person has applied for a maintenance calculation under section 4(1) or 7(1), or is treated as having applied for one by virtue of section 6;
- (b) the Secretary of State has neither made a decision under section 11 or 12 on the application, nor decided not to make a maintenance calculation; and
- (c) the non-resident parent makes a voluntary payment.
- (2) A “voluntary payment” is a payment—
- (a) on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the Secretary of State has agreed to give); and
- (b) made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the Secretary of State has notified the non-resident parent that he has decided not to make a maintenance calculation.
- (3) In such circumstances and to such extent as may be prescribed—
- (a) the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;
- (b) the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.
- (4) A voluntary payment shall be made to the Secretary of State unless he agrees, on such conditions as he may specify, that it may be made to the person with care, or to or through another person.
- (5) The Secretary of State may by regulations make provision as to voluntary payments, and the regulations may in particular—
- (a) prescribe what payments or descriptions of payment are, or are not, to count as “voluntary payments”;
- (b) prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.
##### 39A
- (1) Where the Secretary of State has sought—
- (a) in England and Wales to levy an amount by distress under this Act; or
- (b) to recover an amount by virtue of section 36 or 38,
and that amount, or any portion of it, remains unpaid he may apply to the court under this section.
- (2) An application under this section is for whichever the court considers appropriate in all the circumstances of—
- (a) the issue of a warrant committing the liable person to prison; or
- (b) an order for him to be disqualified from holding or obtaining a driving licence.
- (3) On any such application the court shall (in the presence of the liable person) inquire as to—
- (a) whether he needs a driving licence to earn his living;
- (b) his means; and
- (c) whether there has been wilful refusal or culpable neglect on his part.
- (4) The Secretary of State may make representations to the court as to whether he thinks it more appropriate to commit the liable person to prison or to disqualify him from holding or obtaining a driving licence; and the liable person may reply to those representations.
- (5) In this section and section 40B, “*driving licence*” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.
- (6) In this section “*the court*” means—
- (a) in England and Wales, a magistrates’ court;
- (b) in Scotland, the sheriff.
##### 40A
- (1) If, but only if, the sheriff is satisfied that there has been wilful refusal or culpable neglect on the part of the liable person he may—
- (a) issue a warrant for his committal to prison; or
- (b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as he thinks just.
- (2) A warrant under this section—
- (a) shall be made in respect of an amount equal to the aggregate of—
- (i) the appropriate amount under section 38; and
- (ii) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the expenses of commitment; and
- (b) shall state that amount.
- (3) No warrant may be issued under this section against a person who is under the age of 18.
- (4) A warrant issued under this section shall order the liable person—
- (a) to be imprisoned for a specified period; but
- (b) to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.
- (5) The maximum period of imprisonment which may be imposed by virtue of subsection (4) is six weeks.
- (6) The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued.
- (7) A warrant issued under this section may be directed to such person as the sheriff thinks fit.
- (8) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make provision—
- (a) as to the form of any warrant issued under this section;
- (b) allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;
- (c) that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be sufficient evidence of the facts stated;
- (d) that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, the sheriff may issue a citation to him to appear before the sheriff and (if he does not obey) may issue a warrant for his arrest;
- (e) that for the purpose of enabling such an inquiry, the sheriff may issue a warrant for the liable person’s arrest without issuing a citation;
- (f) as to the execution of a warrant of arrest.
##### 40B
- (1) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person, it may—
- (a) order him to be disqualified, for such period specified in the order but not exceeding two years as it thinks fit, from holding or obtaining a driving licence (a “*disqualification order*”); or
- (b) make a disqualification order but suspend its operation until such time and on such conditions (if any) as it thinks just.
- (2) The court may not take action under both section 40 and this section.
- (3) A disqualification order must state the amount in respect of which it is made, which is to be the aggregate of—
- (a) the amount mentioned in section 35(1), or so much of it as remains outstanding; and
- (b) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under section 39A.
- (4) A court which makes a disqualification order shall require the person to whom it relates to produce any driving licence held by him, and its counterpart (within the meaning of section 108(1) of the Road Traffic Act 1988).
- (5) On an application by the Secretary of State or the liable person, the court—
- (a) may make an order substituting a shorter period of disqualification, or make an order revoking the disqualification order, if part of the amount referred to in subsection (3) (the “*amount due*”) is paid to any person authorised to receive it; and
- (b) must make an order revoking the disqualification order if all of the amount due is so paid.
- (6) The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order revoking the disqualification order under subsection (5)(a), and the person liable may reply to those representations.
- (7) The Secretary of State may make a further application under section 39A if the amount due has not been paid in full when the period of disqualification specified in the disqualification order expires.
- (8) Where a court—
- (a) makes a disqualification order;
- (b) makes an order under subsection (5); or
- (c) allows an appeal against a disqualification order,
it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
- (9) Where a court makes a disqualification order, it shall also send the driving licence and its counterpart, on their being produced to the court, to the Secretary of State at such address as he may determine.
- (10) Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a disqualification order under this section in relation to a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.
- (11) The Secretary of State may by regulations make provision in relation to disqualification orders corresponding to the provision he may make under section 40(11).
- (12) In the application to Scotland of this section—
- (a) in subsection (2) for “section 40” substitute “section 40A”;
- (b) in subsection (3) for paragraph (a) substitute—
> (a) the appropriate amount under section 38;
;
- (c) subsection (10) is omitted; and
- (d) for subsection (11) substitute—
> (11) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make, in relation to disqualification orders, provision corresponding to that which may be made by virtue of section 40A(8).
#### Arrears of child support maintenance.
##### 41A
- (1) The Secretary of State may by regulations make provision for the payment to him by non-resident parents who are in arrears with payments of child support maintenance of penalty payments determined in accordance with the regulations.
- (2) The amount of a penalty payment in respect of any week may not exceed 25% of the amount of child support maintenance payable for that week, but otherwise is to be determined by the Secretary of State.
- (3) The liability of a non-resident parent to make a penalty payment does not affect his liability to pay the arrears of child support maintenance concerned.
- (4) Regulations under subsection (1) may, in particular, make provision—
- (a) as to the time at which a penalty payment is to be payable;
- (b) for the Secretary of State to waive a penalty payment, or part of it.
- (5) The provisions of this Act with respect to—
- (a) the collection of child support maintenance;
- (b) the enforcement of an obligation to pay child support maintenance,
apply equally (with any necessary modifications) to penalty payments payable by virtue of regulations under this section.
- (6) The Secretary of State shall pay penalty payments received by him into the Consolidated Fund.
#### Jurisdiction.
#### Financial provisions.
### General rule
### Basic rate
### Reduced rate
### Flat rate
### Nil rate
### Apportionment
### Shared care—basic and reduced rate
### Shared care—flat rate
### Regulations about shared care
### Net weekly income
### Regulations about rates, figures, etc.
##### 10A
- (1) The Secretary of State may by regulations provide that—
- (a) paragraph 2 is to have effect as if different percentages were substituted for those set out there;
- (b) paragraph 3(1) or (3), 4(1), 5, 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.
- (2) The Secretary of State may by regulations provide that—
- (a) the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;
- (b) paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.
### Regulations about income
##### 10B
The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed—
- (a) where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his net weekly income, his net weekly income shall be taken to include income from that source of an amount estimated by the Secretary of State;
- (b) a person is to be treated as possessing income which he does not possess;
- (c) income which a person does possess is to be disregarded.
### References to various terms
##### 10C
- (1) References in this Part of this Schedule to “qualifying children” are to those qualifying children with respect to whom the maintenance calculation falls to be made.
- (2) References in this Part of this Schedule to “relevant other children” are to—
- (a) children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the Social Security Contributions and Benefits Act 1992; and
- (b) such other description of children as may be prescribed.
- (3) In this Part of this Schedule, a person “receives” a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.
- (4) In this Part of this Schedule, a person’s “partner” is—
- (a) if they are a couple, the other member of that couple;
- (b) if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.
- (5) In sub-paragraph (4)(a), “*couple*” means a man and a woman who are—
- (a) married to each other and are members of the same household; or
- (b) not married to each other but are living together as husband and wife.
### Applications for a variation
### Joint consideration of applications for a variation and appeals
1999-12-02
Child Support Act 1991
1999-12-01
Child Support Act 1991
1999-11-29
Child Support Act 1991
1999-11-11
Child Support Act 1991
1999-10-05
Child Support Act 1991
1999-07-01
Child Support Act 1991
1999-06-30
Child Support Act 1991
1999-06-01
Child Support Act 1991
1999-05-19
Child Support Act 1991
1999-03-04
Child Support Act 1991
1998-12-07
Child Support Act 1991
1998-11-16
Child Support Act 1991
1998-09-08
Child Support Act 1991
1998-05-21
Child Support Act 1991
1998-01-02
Child Support Act 1991
1996-12-02
Child Support Act 1991
1996-11-04
Child Support Act 1991
1996-11-01
Child Support Act 1991
1996-10-14
Child Support Act 1991
1996-10-07
Child Support Act 1991
1996-01-22
Child Support Act 1991
1995-12-18
Child Support Act 1991
1995-10-01
Child Support Act 1991
1995-09-04
Child Support Act 1991
1995-03-31
Child Support Act 1991
1993-04-05
Child Support Act 1991
1993-04-01
Child Support Act 1991
1993-03-31
Child Support Act 1991
1992-10-01
Child Support Act 1991
1992-09-01
Child Support Act 1991
1992-07-01
Child Support Act 1991
1992-06-17
Child Support Act 1991
1991-07-25
Child Support Act 1991
original version
Text at this date