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Reform history

Child Support Act 1991

92 versions · 1991-07-25

2022-03-10

Child Support Act 1991

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2020-12-31

Child Support Act 1991

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2019-12-02

Child Support Act 1991

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2019-07-04

Child Support Act 1991

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2019-01-03

Child Support Act 1991

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2016-11-30

Child Support Act 1991

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2016-11-07

Child Support Act 1991

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2015-04-01

Child Support Act 1991

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2014-12-16

Child Support Act 1991

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2014-06-30

Child Support Act 1991

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2014-03-13

Child Support Act 1991

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2014-03-12

Child Support Act 1991

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2013-11-25

Child Support Act 1991

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2012-12-10

Child Support Act 1991

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2012-08-01

Child Support Act 1991

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2012-03-08

Child Support Act 1991

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2011-06-18

Child Support Act 1991

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2011-01-21

Child Support Act 1991

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Changes on 2011-01-21

@@ -2204,7 +2204,7 @@

#### The duty to maintain.

#### Welfare of children: the general principle.

### The Tribunals and Inquiries Act 1971 (c.62)

@@ -3440,7 +3440,7 @@

[^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))

#### Powers of inspectors.

#### Revision of decisions

##### 27A

@@ -3612,7 +3612,7 @@

- (c) if the application for the maintenance calculation was made under section 7, the child who made the application.

#### Decisions superseding earlier decisions

#### Reviews of decisions of child support officers.

##### 28E

@@ -4116,7 +4116,7 @@

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

#### Matters to be taken into account.

#### Determination of applications.

### Voluntary payments

@@ -4290,170 +4290,170 @@

> (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).

#### Penalty payments.

##### 41A

- (1) The Secretary of State may by regulations make provision for the payment to the Commission 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 Commission.

- (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 Commission 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 Commission shall pay penalty payments received by it 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 Commission 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 Commission;

- (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) a man and a woman who are married to each other and are members of the same household,

- (b) a man and a woman who are not married to each other but are living together as husband and wife,

- (c) two people of the same sex who are civil partners of each other and are members of the same household, or

- (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

- (6) For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

### Applications for a variation

### Joint consideration of applications for a variation and appeals

##### 14A

- (1) This section applies to—

- (a) persons who are required to comply with regulations under section 4(4) or 7(5); and

- (b) persons specified in regulations under section 14(1)(a).

- (2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—

- (a) he makes a statement or representation which he knows to be false; or

- (b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

- (3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.

- (3A) In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify a change of address, a person who fails to comply with the requirement is guilty of an offence.

- (4) It is a defence for a person charged with an offence under subsection (3) or (3A) to prove that he had a reasonable excuse for failing to comply.

- (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

- (6) In England and Wales, an information relating to an offence under subsection (2) may be tried by a magistrates' court if it is laid within the period of 12 months beginning with the commission of the offence.

- (7) In Scotland, summary proceedings for an offence under subsection (2) may be commenced within the period of 12 months beginning with the commission of the offence.

- (8) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date when proceedings deemed to be commenced) applies for the purposes of subsection (7) as it applies for the purposes of that section.

##### 23A

- (1) This section applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 20.

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal.

- (4) The “principal parties” are—

- (za) the Commission;

- (a) the Secretary of State; and

- (b) those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.

##### 3

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#### Arrears of child support maintenance.

##### 41A

- (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 Commission.

- (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 Commission 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 Commission shall pay penalty payments received by it into the Consolidated Fund.

#### Recovery of arrears from deceased's estate

#### Interpretation.