Search Legislation

Child Maintenance and Other Payments Act 2008

Status:

This is the original version (as it was originally enacted).

Section 19

SCHEDULE 5Maintenance calculations: transfer of cases to new rules

This schedule has no associated Explanatory Notes

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

1(1)The Commission 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 Commission and approved 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 Commission for a maintenance calculation;

(c)make provision about the form and content of any application required by provision under paragraph (b).

4If, 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 Commission 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

7In 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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources