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
Changes on 2016-11-30
@@ -2141,36 +2141,7 @@
##### 6
- (1) The Bankruptcy (Scotland) Act 1985 shall be amended as follows.
- (2) In section 32 (vesting of estate and dealings of debtor after sequestration)—
- (a) in subsection (3)—
- (i) after paragraph (b) there shall be inserted—
> (c) any obligation of his to pay child support maintenance under the Child Support Act 1991,
;
- (ii) after “relevant obligations” where second occurring there shall be inserted “ referred to in paragraphs (a) and (b) above ”;
- (b) in subsection (5) after “Diligence” there shall be inserted “ (which, for the purposes of this section, includes the making of a deduction from earnings order under the Child Support Act 1991) ”.
- (3) In section 37 (effect of sequestration on diligence), in subsection (5A) for “or a conjoined arrestment order” there is substituted “ , a conjoined arrestment order or a deduction from earnings order under the Child Support Act 1991 ”.
- (4) In section 55 (effect of discharge under section 54), in subsection (2)(d)—
- (a) after “being” there shall be inserted “ (i) ”;
- (b) at the end there shall be inserted—
> or
> (ii) child support maintenance within the meaning of the Child Support Act 1991 which was unpaid in respect of any period before the date of sequestration of—
> (aa) any person by whom it was due to be paid; or
> (bb) any employer by whom it was, or was due to be, deducted under section 31(5) of that Act.
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The Insolvency Act 1986 (c. 45)
@@ -2236,7 +2207,7 @@
.
#### The duty to maintain.
#### Welfare of children: the general principle.
### The Tribunals and Inquiries Act 1971 (c.62)
@@ -3746,9 +3717,11 @@
[^key-b4eafa96b96f2cd7333e55e1ad27e752]: S. 29(4)-(7) excluded for certain cases (temp.) (7.11.2016 until 22.5.2021) by [The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016 (S.I. 2016/982)](https://www.legislation.gov.uk/uksi/2016/982), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2016/982/regulation/1/1), [6](https://www.legislation.gov.uk/uksi/2016/982/regulation/6/1) (with [reg. 1(2)](https://www.legislation.gov.uk/uksi/2016/982/regulation/1/2))
[^key-19721bb7ae11512fa9e5393cdc6ab8aa]: [Sch. 5 para. 6](https://www.legislation.gov.uk/ukpga/1991/48/schedule/5/paragraph/6) repealed (30.11.2016) by [The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034)](https://www.legislation.gov.uk/uksi/2016/1034), [art. 1](https://www.legislation.gov.uk/uksi/2016/1034/article/1), [Sch. 2 Pt. 1](https://www.legislation.gov.uk/uksi/2016/1034/schedule/2/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))
#### Powers of inspectors.
#### Revision of decisions
##### 27A
@@ -3920,7 +3893,7 @@
- (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
@@ -4436,7 +4409,7 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Matters to be taken into account.
#### Determination of applications.
### Voluntary payments
@@ -4610,172 +4583,172 @@
> (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 Secretary of State 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 the Secretary of State into the Consolidated Fund.
#### Financial provisions.
#### Interpretation.
### 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
### Gross 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 2(2), 3(1) or (3), 4(1), 5, 5A(2), 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 gross weekly income, his gross 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 or with respect to whom a maintenance calculation in respect of the non-resident parent has effect.
- (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) two people who are married to, or civil partners of, each other and are members of the same household, or
- (b) two people who are not married to, or civil partners of, each other but are living together as a married couple.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### 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) a change of address, or
- (b) any other change of circumstances,
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Arrears of child support maintenance.
##### 41A
- (1) The Secretary of State may by regulations make provision for the payment to the Secretary of State 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 the Secretary of State into the Consolidated Fund.
#### Interpretation.
#### Interpretation.
### 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
### Gross 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 2(2), 3(1) or (3), 4(1), 5, 5A(2), 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 gross weekly income, his gross 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 or with respect to whom a maintenance calculation in respect of the non-resident parent has effect.
- (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) two people who are married to, or civil partners of, each other and are members of the same household, or
- (b) two people who are not married to, or civil partners of, each other but are living together as a married couple.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### 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) a change of address, or
- (b) any other change of circumstances,
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Arrears of child support maintenance.
##### 50A
Any decision falling to be made under or by virtue of this Act by the Secretary of State may be made, not only by a person authorised to exercise the Secretary of State’s decision-making function, but also by a computer for whose operation such a person is responsible.
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
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Child Support Act 1991
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Child Support Act 1991
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1992-07-01
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Child Support Act 1991
1991-07-25
Child Support Act 1991
original version
Text at this date