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The Child Maintenance and Other Payments Act 2008 (Commencement No. 3 and Transitional and Savings Provisions) Order 2008
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- 2008 No. 2548 (C. 110)
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force provisions of the Child Maintenance and Other Payments Act 2008 (c.6) as follows:
Article 2 brings into force sections 20 and 36 on 26th September 2008 for the purpose of making regulations and on 27th October 2008 for all other purposes.
Article 3 brings various other provisions fully into force on 27th October 2008. This includes section 15(a), which repeals section 6 of the Child Support Act 1991 (“the 1991 Act”) (c.48), and Schedules 7 and 8, which contain consequential provisions and repeals.
Article 4 makes transitional and savings provisions in relation to the repeal of section 6 of the 1991 Act. Existing cases (those where a maintenance calculation is in force or an effective date has been set) are treated from 27th October 2008 as though the person with care had applied to the Secretary of State under section 4 of the 1991 Act. Cases in which a maintenance calculation or assessment has, or would have if one had been made, ceased before 27th October 2008 shall not be treated as applied for under section 4 of the 1991 Act. Article 4(5) preserves the power of the Secretary of State to recover and retain arrears of child support maintenance for periods before 27th October 2008 when the parent with care was being paid a benefit.
A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.
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