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Child Support Act 1991

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. The basic principles

    1. 1.The duty to maintain

    2. 2.Welfare of children: the general principle

    3. 3.Meaning of certain terms used in this Act

    4. 4.Child support maintenance

    5. 5.Child support maintenance: supplemental provisions

    6. 6.Applications by those receiving benefit

    7. 7.Right of child in Scotland to apply for assessment

    8. 8.Role of the courts with respect to maintenance for children

    9. 9.Agreements about maintenance

    10. 10.Relationship between maintenance assessments and certain court orders and related matters

  3. Maintenance assessments

    1. 11.Maintenance assessments

    2. 12.Interim maintenance assessments

  4. Child support officers

    1. 13.Child support officers

  5. Information

    1. 14.Information required by Secretary of State

    2. 15.Powers of inspectors

  6. Reviews and appeals

    1. 16.Periodical reviews

    2. 17.Reviews on change of circumstances

    3. 18.Reviews of decisions of child support officers

    4. 19.Reviews at instigation of child support officers

    5. 20.Appeals

    6. 21.Child support appeal tribunals

    7. 22.Child Support Commissioners

    8. 23.Child Support Commissioners for Northern Ireland

    9. 24.Appeal to Child Support Commissioner

    10. 25.Appeal from Child Support Commissioner on question of law

    11. 26.Disputes about parentage

    12. 27.Reference to court for declaration of parentage

    13. 28.Power of Secretary of State to initiate or defend actions of declarator: Scotland

  7. Collection and enforcement

    1. 29.Collection of child support maintenance

    2. 30.Collection and enforcement of other forms of maintenance

    3. 31.Deduction from earnings orders

    4. 32.Regulations about deduction from earnings orders

    5. 33.Liability orders

    6. 34.Regulations about liability orders

    7. 35.Enforcement of liability orders by distress

    8. 36.Enforcement in county courts

    9. 37.Regulations about liability orders: Scotland

    10. 38.Enforcement of liability orders by diligence: Scotland

    11. 39.Liability orders: enforcement throughout United Kingdom

    12. 40.Commitment to prison

    13. 41.Arrears of child support maintenance

  8. Special cases

    1. 42.Special cases

    2. 43.Contribution to maintenance by deduction from benefit

  9. Jurisdiction

    1. 44.Jurisdiction

    2. 45.Jurisdiction of courts in certain proceedings under this Act

  10. Miscellaneous and supplemental

    1. 46.Failure to comply with obligations imposed by section 6

    2. 47.Fees

    3. 48.Right of audience

    4. 49.Right of audience: Scotland

    5. 50.Unauthorised disclosure of information

    6. 51.Supplementary powers to make regulations

    7. 52.Regulations and orders

    8. 53.Financial provisions

    9. 54.Interpretation

    10. 55.Meaning of “child”

    11. 56.Corresponding provision for and co-ordination with Northern Ireland

    12. 57.Application to Crown

    13. 58.Short title, commencement and extent, etc

  11. SCHEDULES

    1. SCHEDULE 1

      Maintenance Assessments

      1. Part I Calculation of Child Support Maintenance

        1. The maintenance requirement

          1. 1.(1) In this Schedule “the maintenance requirement” means the amount,...

        2. The general rule

          1. 2.(1) In order to determine the amount of any maintenance...

        3. The basic element

          1. 3.(1) The basic element shall be calculated by applying the...

        4. The additional element

          1. 4.(1) Subject to sub-paragraph (2), the additional element shall be...

        5. Assessable income

          1. 5.(1) The assessable income of an absent parent shall be...

        6. Protected income

          1. 6.(1) This paragraph applies where— (a) one or more maintenance...

        7. The minimum amount of child support maintenance

          1. 7.(1) The Secretary of State may prescribe a minimum amount...

        8. Housing costs

          1. 8.Where regulations under this Schedule require a child support officer...

        9. Regulations about income and capital

          1. 9.The Secretary of State may by regulations provide that, in...

        10. References to qualifying children

          1. 10.References in this Part of this Schedule to “qualifying children”...

      2. Part II General Provisions About Maintenance Assessments

        1. Effective date of assessment

          1. 11.(1) A maintenance assessment shall take effect on such date...

        2. Form of assessment

          1. 12.Every maintenance assessment shall be made in such form and...

        3. Assessments where amount of child support is nil

          1. 13.A child support officer shall not decline to make a...

        4. Consolidated applications and assessments

          1. 14.The Secretary of State may by regulations provide—

        5. Separate assessments for different periods

          1. 15.Where a child support officer is satisfied that the circumstances...

        6. Termination of assessments

          1. 16.(1) A maintenance assessment shall cease to have effect—

    2. SCHEDULE 2

      Provision of Information to Secretary of State

      1. Inland Revenue records

        1. 1.(1) This paragraph applies where the Secretary of State or...

      2. Local authority records

        1. 2.(1) This paragraph applies where— (a) the Secretary of State...

    3. SCHEDULE 3

      Child Support Appeal Tribunals

      1. The President

        1. 1.(1) The person appointed under Schedule 10 to the Social...

      2. Membership of child support appeal tribunals

        1. 2.(1) A child support appeal tribunal shall consist of a...

      3. The chairmen

        1. 3.(1) The chairman of a child support appeal tribunal shall...

        2. 4.(1) The Lord Chancellor may appoint regional and other full-time...

      4. Other members of child support appeal tribunals

        1. 5.(1) The members of a child support appeal tribunal other...

      5. Clerks of tribunals

        1. 6.(1) Each child support appeal tribunal shall be serviced by...

      6. Expenses of tribunal members and others

        1. 7.(1) The Secretary of State may pay—

      7. Consultation with Lord Advocate

        1. 8.Before exercising any of his powers under paragraph 3(3) or...

    4. SCHEDULE 4

      Child Support Commissioners

      1. Tenure of office

        1. 1.(1) Every Child Support Commissioner shall vacate his office at...

      2. Commissioners' remuneration and their pensions

        1. 2.(1) The Lord Chancellor may pay, or make such payments...

      3. Commissioners barred from legal practice

        1. 3.Section 75 of the Courts and Legal Services Act 1990...

      4. Deputy Child Support Commissioners

        1. 4.(1) The Lord Chancellor may appoint persons to act as...

      5. Tribunals of Commissioners

        1. 5.(1) If it appears to the Chief Child Support Commissioner...

      6. Finality of decisions

        1. 6.(1) Subject to section 25, the decision of any Child...

      7. Consultation with Lord Advocate

        1. 7.Before exercising any of his powers under paragraph 1(2) or...

      8. Northern Ireland

        1. 8.In its application to Northern Ireland this Schedule shall have...

    5. SCHEDULE 5

      Consequential Amendments

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

        1. 1.(1) In section 7(3) of the Tribunals and Inquiries Act...

      2. The Northern Ireland Constitution Act 1973 (c. 36)

        1. 2.In paragraph 9 of Schedule 2 to the Northern Ireland...

      3. The House of Commons Disqualification Act 1975 (c. 24)

        1. 3.(1) The House of Commons Disqualification Act 1975 shall be...

      4. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 4.(1) In Part I of the Northern Ireland Assembly Disqualification...

      5. The Family Law (Scotland) Act 1985 (c. 37)

        1. 5.In section 4 (amount of aliment) of the Family Law...

      6. Bankruptcy (Scotland) Act 1985 (c. 66)

        1. 6.(1) The Bankruptcy (Scotland) Act 1985 shall be amended as...

      7. The Insolvency Act 1986 (c. 45)

        1. 7.In section 281(5)(b) of the Insolvency Act 1986 (effect of...

      8. The Debtors (Scotland) Act 1987 (c. 18)

        1. 8.(1) The Debtors (Scotland) Act 1987 shall be amended as...

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