Legalize
Legalize / United Kingdom / Public General Act

Child Maintenance and Other Payments Act 2008

Type Public General Act
Publication 2008-06-05
Last updated 2023-09-20
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (3) In subsection (1A)—
  • (a) for “Secretary of State” substitute “ Commission ”;
  • (b) for “him” substitute “ it ”.
  • (4) In subsection (2), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.
  • (5) In subsection (3)—
  • (a) for “Secretary of State” substitute “ Commission ”;
  • (b) for “he” substitute “ it ”;
  • (c) for “him” substitute “ it ”.
  • (6) In subsections (4), (5) and (6)(a), for “Secretary of State” substitute “ Commission ”.
  • (7) In subsection (9)—
  • (a) for “Secretary of State” substitute “ Commission ”;
  • (b) for “him” substitute “ it ”.
46

In section 44 (jurisdiction), in subsection (1), for “Secretary of State” substitute “ Commission ”.

47

In section 46 (reduced benefit decisions), in subsection (3)(a), for “Secretary of State” substitute “ Commission ”.

48

In section 46A (finality of decisions), in subsection (1), after “decision of” insert “ the Commission, ”.

49

In section 46B (matters arising as respects decisions), in subsection (1)(a), for “Secretary of State” substitute “ Commission ”.

50

In section 48 (right of audience), in subsection (1), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

51

After section 50 insert—

(50A) Any decision falling to be made under or by virtue of this Act by the Commission may be made, not only by a person authorised to exercise the Commission's decision-making function, but also by a computer for whose operation such a person is responsible.

52
  • (1) Schedule 1 (maintenance calculations) is amended as follows.
  • (2) In paragraph 7(3), for “Secretary of State” substitute “ Commission ”.
  • (3) In paragraph 10(2)—
  • (a) for “Secretary of State” substitute “ Commission ”;
  • (b) for “his” substitute “ its ”.
  • (4) In paragraph 10B(a), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.
  • (5) In paragraphs 12 and 13, for “Secretary of State” substitute “ Commission ”.
  • (6) In paragraph 15—
  • (a) for “Secretary of State” substitute “ Commission ”;
  • (b) for “he” substitute “ it ”.
  • (7) In paragraph 16(10), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.
53

In paragraph 4 of Schedule 4A, for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

Social Security Act 1998 (c. 14)

54

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

Part 2 — Transitional provision and savings

55

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

SCHEDULE 4

Introductory

1

Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) (calculation of weekly amount of child support maintenance) is amended as follows.

Calculation by reference to gross weekly income

2

In Part 1 (under which the weekly amount of child support maintenance payable is calculated by reference to the non-resident parent's net weekly income), for “net”, in each place where it occurs, substitute “ gross ”.

Change to basic rate

3

For paragraph 2 (basic rate) substitute—

(2) (1) Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income— - 12% where the non-resident parent has one qualifying child; - 16% where the non-resident parent has two qualifying children; - 19% where the non-resident parent has three or more qualifying children. (2) If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder— - 9% where the non-resident parent has one qualifying child; - 12% where the non-resident parent has two qualifying children; - 15% where the non-resident parent has three or more qualifying children. (3) If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage— - 12% where the non-resident parent has one relevant other child; - 16% where the non-resident parent has two relevant other children; - 19% where the non-resident parent has three or more relevant other children.

Increase in flat rate and minimum amounts of liability

4

In the following provisions, for “£5” substitute “ £7 ”

  • (a) paragraph 3(3) (minimum amount of liability in the case of reduced rate);
  • (b) paragraph 4(1) (amount of flat rate of liability);
  • (c) paragraph 7(7) (minimum amount of liability in the case of basic and reduced rates where reduction because of shared care applies).

Applicable rate where non-resident parent party to other maintenance arrangement

5
  • (1) In paragraph 1(1) (under which the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or a nil rate applies), at the beginning insert “ Subject to paragraph 5A, ”.
  • (2) After paragraph 5 insert—

(5A) (1) This paragraph applies where— (a) the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and (b) the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate. (2) The weekly rate of child support maintenance is the greater of £7 and the amount found as follows. (3) First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement. (4) Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation. (5) Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent. (6) For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is— (a) liable to pay maintenance or aliment for the child under a maintenance order, or (b) a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child, and the child is habitually resident in the United Kingdom.

Shared care

6

In paragraph 7(2) (circumstances in which decrease for shared care applies in cases where child support maintenance is payable at the basic rate or a reduced rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

7

In paragraph 8(2) (circumstances in which decrease for shared care applies in cases where child support maintenance payable at a flat rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

8
  • (1) In paragraph 9 (regulations about shared care), the existing provision becomes sub-paragraph (1).
  • (2) In that sub-paragraph, before paragraph (a) insert—

(za) for how it is to be determined whether the care of a qualifying child is to be shared as mentioned in paragraph 7(2);

.

  • (3) In that sub-paragraph, after paragraph (b) insert—

(ba) for how it is to be determined how many nights count for those purposes;

.

  • (4) After that sub-paragraph insert—

(2) Regulations under sub-paragraph (1)(ba) may include provision enabling the Secretary of State to proceed for a prescribed period on the basis of a prescribed assumption.

Weekly income

9

In paragraph 10 (which confers power to make regulations about the manner in which weekly income is to be determined), for sub-paragraph (2) substitute—

(2) The regulations may, in particular— (a) provide for determination in prescribed circumstances by reference to income of a prescribed description in a prescribed past period; (b) provide for the Secretary of State to estimate any income or make an assumption as to any fact where, in Secretary of State's view, the information at Secretary of State's disposal is unreliable or insufficient, or relates to an atypical period in the life of the non-resident parent.

10

In paragraph 10(3) (under which weekly income over £2,000 is to be ignored for the purposes of Schedule 1), for “£2,000” substitute “ £3,000 ”.

SCHEDULE 5

Power to require a decision about whether to stay in the statutory scheme

1
  • (1) The Secretary of State may require the interested parties in relation to an existing case to choose whether or not to stay in the statutory scheme, so far as future accrual of liability is concerned.
  • (2) The reference in sub-paragraph (1) to an existing case is to any of the following—
  • (a) a maintenance assessment,
  • (b) an application for a maintenance assessment,
  • (c) a maintenance calculation made under existing rules, and
  • (d) an application for a maintenance calculation which will fall to be made under existing rules.
  • (3) For the purposes of this paragraph, a maintenance calculation is made (or will fall to be made) under existing rules if the amount of the periodical payments required to be paid in accordance with it is (or will be) determined otherwise than in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) as amended by this Act.
2
  • (1) The Secretary of State may by regulations make provision about the exercise of the power under paragraph 1(1).
  • (2) Regulations under sub-paragraph (1) may, in particular—
  • (a) make provision about timing in relation to exercise of the power;
  • (b) make provision for exercise of the power in stages;
  • (c) specify principles for determining the order in which particular cases are to be dealt with under the power;
  • (d) make provision about procedure in relation to exercise of the power;
  • (e) make provision for exercise of the power in accordance with a scheme prepared by the Secretary of State. . . .
3
  • (1) The Secretary of State shall by regulations make such provision as he thinks fit about exercise of the right to make a choice required under paragraph 1(1).
  • (2) Regulations under sub-paragraph (1) shall, in particular—
  • (a) make provision about the time within which the choice must be made;
  • (b) make provision for a choice to stay in the statutory scheme to be made by means of an application to the Secretary of State for a maintenance calculation;
  • (c) make provision about the form and content of any application required by provision under paragraph (b).
  • (3) The Commission may before accepting an application required by provision under sub-paragraph (2)(b) invite the applicant to consider with the Commission whether it is possible to make a maintenance agreement (within the meaning of section 9 of the Child Support Act 1991).
4

If, in a particular case, any of the interested parties chooses not to stay in the statutory scheme, that person's choice shall be disregarded if any of the other interested parties chooses to stay in the statutory scheme.

Effect on accrual of liability of exercise of power under paragraph 1

5
  • (1) Where the power under paragraph 1(1) is exercised in relation to a maintenance assessment or maintenance calculation, liability under the assessment or calculation shall cease to accrue with effect from such date as may be determined in accordance with regulations made by the Secretary of State.
  • (2) Where the power under paragraph 1(1) is exercised in relation to an application for a maintenance assessment or maintenance calculation, liability under any assessment or calculation made in response to the application shall accrue only in respect of the period ending with such date as may be determined in accordance with regulations made by the Secretary of State.

Additional powers

6
  • (1) The Secretary of State may by regulations make such provision as appears to the Secretary of State to be necessary or expedient for the purposes of, or in connection with, giving effect to a decision not to leave the statutory scheme.
  • (2) Regulations under sub-paragraph (1) may, in particular—
  • (a) make provision about procedure in relation to determination of an application made in pursuance of regulations under paragraph 3;
  • (b) make provision about the application of the Child Support Act 1991 (c. 48) in relation to a maintenance calculation made in response to such an application;
  • (c) prescribe circumstances in which liability under such a maintenance calculation is to be subject to a prescribed adjustment.
  • (3) The Secretary of State may by regulations make provision enabling the Secretary of State to treat an application of the kind mentioned in paragraph 1(2)(b) or (d) as withdrawn if none of the interested parties chooses to stay in the statutory scheme.

Interpretation

7

In this Schedule—

  • “interested parties” has such meaning as may be prescribed;
  • “maintenance assessment” means an assessment of maintenance made under the Child Support Act 1991;
  • “maintenance calculation” means a calculation of maintenance made under that Act;
  • “prescribed” means prescribed by regulations made by the Secretary of State;
  • “statutory scheme” means the scheme for child support maintenance under that Act.

SCHEDULE 6

Powers in relation to use of information

1

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

2

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

3

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

4

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

5

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

Interpretation

6

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

SCHEDULE 7

Child Support Act 1991 (c. 48)

1
  • (1) The Child Support Act 1991 is amended as follows.
  • (2) In section 8 (role of the courts with respect to maintenance for children), in subsection (6)(b) (which refers to the non-resident parent's net weekly income), for “net” substitute “ gross ”.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (7) In section 30 (collection and enforcement of other forms of maintenance), in subsections (4) and (5) for “which he is authorised to collect under this section” substitute “ for the collection of which he is authorised under this section to make arrangements ”.
  • (8) In section 32(2)(i) (regulations about deduction from earnings orders), for “the liable person is in the employment” substitute “ any earnings are paid to the liable person by or on behalf ”.
  • (9) In section 32(7) (regulations about appeals), after “include” insert

— (a) provision with respect to the period within which a right of appeal under the regulations may be exercised; (b)

.

  • (10) In section 36(1) (enforcement in county courts), for “garnishee proceedings” substitute “ a third party debt order ”.
  • (11) For section 39 substitute—

(39) The Secretary of State may by regulations make provision for the enforcement in England and Wales and Scotland of any order made in Northern Ireland under provision corresponding to section 32M or the repealed section 33.

  • (12) In section 40 (commitment to prison), in subsection (4)(a)(i) of that section, for “mentioned in section 35(1)” substitute “ sought to be recovered as mentioned in subsection (2A)(a) ”.
  • (13) In section 40A (commitment to prison: Scotland)—
  • (a) in subsection (1), for “satisfied” substitute “ of the opinion ”;
  • (b) for subsection (2)(a)(i) substitute—

(i) the amount sought to be recovered as mentioned in subsection (A1)(a), or so much of it as remains outstanding;

.

  • (14) In that section, in subsection (6), the words from “for” to the end become paragraph (a), and after that paragraph insert—

(b) 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 the liable person's employer, shall be sufficient evidence of the facts stated.

  • (15) In section 40B (disqualification for driving), in subsection (3)—
  • (a) in paragraph (a), for “mentioned in section 35(1)” substitute “ sought to be recovered as mentioned in subsection (A1)(a) ”;
  • (b) in paragraph (b), for “section 39A” substitute “ this section ”.
  • (16) In subsection (7) of that section, for “section 39A” substitute “ this section ”.
  • (17) In subsection (12) of that section (modifications for Scotland), for the subsection (11) substituted by paragraph (d) substitute—

(11) In relation to disqualification orders— (a) the Secretary of State may by regulations make provision 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 the liable person's employer, shall be sufficient evidence of the facts stated; and (b) 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 corresponding to that which may be made by virtue of section 40A(8).

  • (18) At the end of that section, insert—

(13) In this section— - “court” (except for the purposes of subsection (8)(c)) means— 1. in England and Wales, a magistrates' court; 2. in Scotland, the sheriff; - “driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.

  • (19) In section 50 (unauthorised disclosure of information), in subsection (1) (offence of unauthorised disclosure), for “this section” substitute “ this subsection ”.
  • (20) In that section, after subsection (1) insert—

(1A) Subsection (1) applies to employment as— (a) any clerk to, or other officer of, an appeal tribunal; (b) any member of the staff of an appeal tribunal; (c) a civil servant in connection with the carrying out of any functions under this Act; (d) any member of, or of the staff of, the Commission; (e) any person who provides, or is employed in the provision of, services to the Commission, and to employment of any other kind which is prescribed for the purposes of this subsection. (1B) Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which— (a) was acquired by him in the course of that employment; (b) is information which is, or is derived from, information acquired or held for the purposes of this Act; and (c) relates to a particular person. (1C) Subsection (1B) applies to any employment which— (a) is not employment to which subsection (1) applies, and (b) is of a kind prescribed for the purposes of this subsection.

  • (21) In that section, in subsection (7) (definition of “responsible person”)—
  • (a) at the end of paragraph (b) insert—

(ba) the person appointed to chair the Commission;

;

  • (b) for paragraph (c) substitute—

(c) any person authorised for the purposes of this subsection by the Lord Chancellor, the Secretary of State or the person appointed to chair the Commission;

.

  • (22) In section 52 (regulations and orders), in subsection (2)(a) (regulations subject to affirmative resolution procedure)—
  • (a) after “30(5A),” insert “ “32A to 32C, 32E to 32J, ”;
  • (b) after “41B(6),” insert “ “41E(1)(a), ”.
  • (23) In that section, for subsection (2A) substitute—

(2A) No statutory instrument containing (whether alone or with other provisions)— (a) the first regulations under section 17(2) to make provision of the kind mentioned in section 17(3)(a) or (b), (b) the first regulations under section 39F, 39M(4), 39P, 39Q, 41D(2), 41E(2) or 49A, (c) the first regulations under paragraph 5A(6)(b) of Schedule 1, (d) the first regulations under paragraph 9(1)(ba) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2) of that paragraph, or (e) the first regulations under paragraph 10(1) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2)(a) or (b) of that paragraph, shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

  • (24) After that subsection insert—

(2B) No statutory instrument containing (whether alone or with other provisions) regulations which by virtue of section 51A are to have effect for a limited period shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

  • (25) In section 54 (interpretation), the existing provision becomes subsection (1), and in that subsection—
  • (a) at the appropriate places insert—

“charging order” has the same meaning as in section 1 of the Charging Orders Act 1979;

;

“Commission” means the Child Maintenance and Enforcement Commission;

;

“curfew order” has the meaning given in section 39H(1);

;

“deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;

;

  • (b) in the definition of “liability order”, for “section 33(2)” substitute “ section 32M(2) ”.
  • (26) In that section, after subsection (1) insert—

(2) The definition of “deposit-taker” in subsection (1) is to be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

  • (27) In section 57(4) (application to Crown), for “a liable person is in the employment” substitute “ any sums which are defined as earnings for the purposes of sections 31 and 32 are paid to a liable person by or on behalf ”.
  • (28) In Schedule 1 (maintenance calculations), in paragraph 5(b) (weekly rate of child support maintenance to be nil if the non-resident parent has a weekly income below £5), for “£5” substitute “ £7 ”.
  • (29) In that Schedule, in paragraph 7 (reduction of basic and reduced rates for shared care), for sub-paragraph (1) substitute—

(1) This paragraph applies where the rate of child support maintenance payable is the basic rate or a reduced rate or is determined under paragraph 5A.

  • (30) In that Schedule, in paragraph 10A(1)(b) (regulations about amounts set out in Schedule 1)—
  • (a) after “paragraph” insert “ “2(2), ”;
  • (b) after “5,” insert “ “5A(2), ”.
  • (31) In that Schedule, in paragraph 10C(1) (references to “qualifying children” to be read as references to those qualifying children with respect to whom the maintenance calculation falls to be made), at end insert “ “or with respect to whom a maintenance calculation in respect of the non-resident parent has effect ”.
  • (32) In that Schedule, for paragraph 14 substitute—

(14) The Secretary of State may by regulations provide— (a) for two or more applications for maintenance calculations to be treated, in prescribed circumstances, as a single application; and (b) for the replacement, in prescribed circumstances, of a maintenance calculation made on the application of one person by a later maintenance calculation made on the application of that or any other person.

  • (33) Schedule 2 (provision of information to Secretary of State) ceases to have effect.
  • (34) In the Act as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (c. 19), the following (which relate to section 6 or 46) are repealed—
  • (a) sections 11(1A) to (1C), 41(4)(c) and (d) and 41A(5)(c) and (d);
  • (b) paragraph 16(3) and (4A)(b) of Schedule 1;
  • (c) in Schedule 4C—
  • (i) in paragraphs 1(a) and 2(1)(a), the words “, a reduced benefit direction”;
  • (ii) in paragraph 3, in sub-paragraph (1)(b), sub-paragraph (i) and the word “or” at the end of it, and sub-paragraph (3);
  • (iii) in paragraphs 4(1)(a)(i) and 6(1)(b)(ii) and (iii), the words “, a reduced benefit direction”.

Social Security Administration Act 1992 (c. 5)

2
  • (1) The Social Security Administration Act 1992 is amended as follows.
  • (2) In section 108 (certain maintenance orders to be enforceable by the Secretary of State), for subsection (8) substitute—

(8) In this section “maintenance order”— (a) in England and Wales, means— (i) any order for the making of periodical payments which is, or has at any time been, a maintenance order within the meaning of the Attachment of Earnings Act 1971; (ii) any order under Part 3 of the Matrimonial and Family Proceedings Act 1984 (overseas divorce) for the making of periodical payments; (iii) any order under Schedule 7 to the Civil Partnership Act 2004 for the making of periodical payments; (b) in Scotland, means any order, except an order for the payment of a lump sum, falling within the definition of “maintenance order” in section 106 of the Debtors (Scotland) Act 1987, but disregarding paragraph (h) (alimentary bond or agreement).

  • (3) In section 121E (supply of information held by Revenue and Customs to the Secretary of State or the Northern Ireland Department for use for the purposes of functions relating, inter alia, to child support), for subsection (2) substitute—

(2) Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied— (a) to the Secretary of State, or (b) to a person providing services to the Secretary of State, for use for the purposes of functions relating to social security, war pensions or employment or training. (2ZA) Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied— (a) to the Northern Ireland Department, or (b) to a person providing services to that Department, for use for the purposes of functions relating to social security, child support, war pensions or employment or training.

  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) In section 121F (supply to Revenue and Customs of information held by Secretary of State or Northern Ireland Department, including information held for the purposes of functions relating to child support), for subsection (1) substitute—

(1) This section applies to information which is held for the purposes of functions relating to social security, war pensions or employment or training— (a) by the Secretary of State, or (b) by a person providing services to the Secretary of State, in connection with the provision of those services. (1A) This section also applies to information which is held for the purposes of functions relating to social security, child support, war pensions or employment or training— (a) by the Northern Ireland Department, or (b) by a person providing services to that Department, in connection with the provision of those services.

  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1998 (c. 14)

3
  • (1) The Social Security Act 1998 is amended as follows.
  • (2) In section 3 (use of information held by the Secretary of State or the Northern Ireland Department which relates to certain matters), in subsection (1A) (which lists the matters concerned)—
  • (a) in paragraph (a), the words “, child support” are omitted;
  • (b) after that paragraph insert—

(aa) child support in Northern Ireland;

.

  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax Credits Act 2002 (c. 21)

4
  • (1) Schedule 5 to the Tax Credits Act 2002 (use and disclosure of information) is amended as follows.
  • (2) In paragraph 4 (supply of information held by Revenue and Customs to the Secretary of State or the Northern Ireland Department for use for the purposes of functions relating, inter alia, to child support), for sub-paragraphs (2) and (3) substitute—

(2) Information to which this paragraph applies may be supplied— (a) to the Secretary of State, or (b) to a person providing services to the Secretary of State, for use for the purposes of functions relating to social security or war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed. (3) An authorised officer may require information to which this paragraph applies to be supplied— (a) to the Secretary of State, or (b) to a person providing services to the Secretary of State, for use for the purposes of functions relating to social security. (3A) Information to which this paragraph applies may be supplied— (a) to the Northern Ireland Department, or (b) to a person providing services to the Northern Ireland Department, for use for the purposes of functions relating to social security, child support or war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed. (3B) An authorised officer may require information to which this paragraph applies to be supplied— (a) to the Northern Ireland Department, or (b) to a person providing services to the Northern Ireland Department, for use for the purposes of functions relating to social security or child support.

  • (3) In that paragraph, in sub-paragraph (4) (definition of “authorised officer”), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) and (3B) ”.
  • (4) In paragraph 6 (supply to Revenue and Customs of information held by Secretary of State or Northern Ireland Department for the purposes of functions including child support), for sub-paragraph (1) substitute—

(1) This paragraph applies to information which is held for the purposes of functions relating to social security, war pensions or employment or training— (a) by the Secretary of State, or (b) by a person providing services to the Secretary of State, in connection with the provision of those services. (1A) This paragraph also applies to information which is held for the purposes of functions relating to social security, child support, war pensions or employment or training— (a) by the Northern Ireland Department or the Department for Employment and Learning in Northern Ireland, or (b) by a person providing services to either of those Departments, in connection with the provision of those services.

Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

5

In section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002 (which defines certain terms used in section 10), in the definition of “decree”, in paragraph (i), for “section 33(2)” substitute “ section 32M(2) ”.

Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

6

In section 221 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (interpretation), in the definition of “decree”, in paragraph (i), for “section 33(2)” substitute “ section 32M(2) ”.

SCHEDULE 8

The Child Maintenance and Enforcement Commission

Transfer of property, rights and liabilities

Transfer of property, rights and liabilities

Changes to the calculation of maintenance

Transfer of cases to new rules

Orders preventing avoidance

Orders for regular deductions from accounts

Enforcement in county courts

Curfew orders

Disqualification for driving

Commitment to prison

Power to treat liability as satisfied

Power to accept part payment of arrears in full and final satisfaction

Additional special case

Recovery of arrears from deceased's estate

Meaning of “child”

Regulations: Part 4

Determination of claims

Regulations and orders: general

General interpretation

Constitution of the Commission

Appointment of a person to chair the Commission

Appointment of directors

Terms of appointment and tenure of members

Remuneration etc. of non-executive members

Appointment of deputy chair

Staff

Committees

Procedure

Delegation

Instruments

Finance

Accounts and audit

Non-executive functions committee

Supplementary powers

Status of the Commission

Validity

Public records

Investigation by Parliamentary Commissioner

Civil service pensions

House of Commons disqualification

Northern Ireland Assembly disqualification

Freedom of information

Interpretation

Child Support Act 1991 (c. 48)

Social Security Act 1998 (c. 14)

Introductory

Calculation by reference to gross weekly income

Change to basic rate

Increase in flat rate and minimum amounts of liability

Applicable rate where non-resident parent party to other maintenance arrangement

Shared care

Weekly income

Power to require a decision about whether to stay in the statutory scheme

Effect on accrual of liability of exercise of power under paragraph 1

Additional powers

Interpretation

Powers in relation to use of information

Interpretation

Child Support Act 1991 (c. 48)

Social Security Administration Act 1992 (c. 5)

Social Security Act 1998 (c. 14)

Tax Credits Act 2002 (c. 21)

Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Editorial notes

3

S. 3 wholly in force at 1.11.2008; s. 3 not in force at Royal Assent see s. 62; s. 3(1)(b)(2)(3) in force at 24.7 2008 by S.I. 2008/2033, art. 2(1); s. 3(1)(a) in force at 1.11.2008 by S.I. 2008/2675, art. 3(a)

21

S. 15 wholly in force at 27.10.2008; s. 15 not in force at Royal Assent see s. 62; s. 15 in force for certain purposes at 14.7.2008 by S.I. 2008/1476, art. 2(2)(3); s. 15 in force at 27.10.2008 in so far as not already in force by S.I. 2008/2548, art. 3(a) (with art. 4)

22

S. 16 partly in force; s. 16 not in force at Royal Assent see s. 62; s. 16 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(a); s. 16 in force for certain further purposes at 10/12/2012 by S.I. 2012/3042, art. 2(a)

23

S. 17 partly in force; s. 17 not in force at Royal Assent see s. 62; s. 17 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(c); s. 17 in force for certain further purposes at 10.12.2012 by S.I. 2012/3042, art. 2(c);

26

S. 18 partly in force; s. 18 not in force at Royal Assent see s. 62; s. 18 in force for certain purposes at 10.12.2012 by S.I. 2012/3042, art. 2(c)

31

S. 20 wholly in force at 27.10.2008; s. 20 not in force at Royal Assent see s. 62; s. 20 in force for certain purposes at 26.9.2008 and in force at 27.10.2008 for all other purposes by S.I. 2008/25488, art. 2(a)

32

S. 22 wholly in force at 3.8.2009; s. 22 not in force at Royal Assent see s. 62; s. 22 in force at 1.6.2009 for specified purposes and in force at 3.8.2009 for all other purposes by S.I. 2009/1314, art. 2(1)(a)

33

S. 23 wholly in force at 3.8.2009; s. 23 not in force at Royal Assent see s. 62; s. 23 in force at 1.6.2009 for specified purposes and in force at 3.8.2009 for all other purposes by S.I. 2009/1314, art. 2(1)(a)

60

S. 31 wholly in force; s. 31 not in force at Royal Assent see s. 62; s. 31 in force for certain purposes at 26.11.2009 and in force at 25.1.2010 for all other purposes by S.I. 2009/3072, art. 2(1)

61

S. 32 wholly in force; s. 32 not in force at Royal Assent see s. 62; s. 32 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(d); s. 32 otherwise in force at 10.12.2012 by S.I. 2012/3042, art. 4(a)

65

S. 33 wholly in force; s. 33 not in force at Royal Assent see s. 62; s. 33 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(d); s. 33 otherwise in force at 10.12.2012 by S.I. 2012/3042, art. 4(a)

74

S. 36 wholly in force at 27.10.2008; s. 36 not in force at Royal Assent see s. 62; s. 36 in force for certain purposes at 26.9.2008 and in force at 27.10.2008 for all other purposes by S.I. 2008/25488, art. 2(b)

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.