Family Law Reform Act 1969

5 Modifications of other enactments relating to maintenance of children so as to preserve benefits up to age of 21

(1) For the purposes of the [1938 c. 45.] Inheritance (Family Provision) Act 1938, the dependants of a deceased person shall continue to include any son who has not attained the age of twenty-one ; and accordingly—

(a) in subsection (1)(c) of that Act for the words " infant son " there shall be substituted the words " a son who has not attained the age of twenty-one years ";

(b) in subsection (2)(c) of that Act for the words " in the case of an infant son, his attaining the age of twenty-one years " there shall be substituted the words " in the case of a son who has not attained the age of twenty-one years, his attaining that age ".

(2) Where a child in respect of whom an affiliation order has been made under the [1957 c. 55.] Affiliation Proceedings Act 1957 has attained the age of eighteen and his mother is dead, of unsound mind or in prison—

(a) any application for an order under subsection (2) or (3) of section 7 of that Act directing that payments shall be made under the affiliation order for any period after he has attained that age may be made by the child himself; and

(b) the child himself shall be the person entitled to any payments directed by an order under that section to be so made for any such period as aforesaid.

(3) Section 22 of the [1965 c. 72.] Matrimonial Causes Act 1965 (power to order maintenance for infant children in cases of wilful neglect) shall continue to apply to children up to the age of twenty-one, but not so as to enable an order for custody to be made under section 35(1) of that Act (custody of children where maintenance is ordered under section 22) in respect of any child who has attained the age of eighteen; and accordingly—

(a) in subsection (2) of the said section 22 for the words " any infant child of the marriage in question and any infant illegitimate child of both parties to the marriage " there shall be substituted the words " any child of the marriage who is under twenty-one and any illegitimate child of both parties to the marriage who is under that age ";

(b) in the said section 35(1) after the words " any child to whom that subsection applies " there shall be inserted the words " who is under eighteen ", and at the end there shall be added the words " and the child is under that age ".