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Social Security Act 1989

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This is the original version (as it was originally enacted).

Liability to maintain children

5Liability of parents to maintain children under the age of nineteen in respect of whom income support is paid

(1)In section 20(11) of the 1986 Act (definitions for Part II) for the definition of “child” there shall be substituted—

“child”, subject to section 26(3)(d) below, means a person under the age of 16.

(2)In section 26(3) of that Act (person liable to maintain spouse and children etc)—

(a)in paragraph (a), for the words “his children” there shall be substituted the words “any children of whom he is the father”;

(b)in paragraph (b), for the words “her children” there shall be substituted the words “any children of whom she is the mother”; and

(c)after paragraph (c) there shall be added the words and

(d)“child” includes a person who has attained the age of 16 but not the age of 19 and in respect of whom either parent, or some person acting in the place of either parent, is receiving income support.

(3)In section 26(4) of that Act (reference to a person’s children to be construed in accordance with the [1987 c. 42.] Family Law Reform Act 1987) for the words “a person’s children” there shall be substituted the words “children of whom the man or the woman is the father or the mother”.

(4)In section 26(5) of that Act (adaptation for Scotland)—

(a)after the word “children” where first occurring there shall be inserted the words “of whom the man or the woman is the father or the mother”; and

(b)for that word where next occurring there shall be substituted the words “any such children”.

(5)In section 17(2)(a) of the [1970 c. 36.] Merchant Shipping Act 1970 (seaman’s dependants to consist of his spouse and certain persons under the age of sixteen) for the word “sixteen” there shall be substituted the word “nineteen”.

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