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The Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012

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Statutory Instruments

2012 No. 2523 (C. 101)

Family Law

Child Support

Social Security

The Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012

Made

4th October 2012

The Secretary of State for Work and Pensions, in exercise of the powers conferred by section 62(3) of the Child Maintenance and Other Payments Act 2008(1) and section 61(3) of the Welfare Reform Act 2009(2), makes the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012.

(2) In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.

Commencement date

2.  (1)  The following provisions come into force on 8th October 2012—

(a)section 37 (additional special case);

(b)section 41 (pilot schemes);

(c)section 57(1) and paragraph 1(1) of Schedule 7, so far as relating to the paragraph referred to in sub-paragraph (d);

(d)paragraph 1(24), (30) and (31) of Schedule 7 (minor and consequential amendments); and

(e)sections 54 (payments of child support maintenance) and 55(1) and (2) (offences relating to information) of the Welfare Reform Act 2009, in so far as they are not already in force.

(2) The following provisions come into force, for the purpose only of making regulations, on 8th October 2012—

(a)section 16 (changes to the calculation of maintenance) and paragraph 1 of Schedule 4 (introductory), so far as relating to the paragraphs referred to in sub-paragraph (b);

(b)paragraphs 2, 5(2) and 7 to 9 of Schedule 4 (changes to the calculation of maintenance);

(c)section 17 (power to regulate supersession);

(d)sections 32 (power to accept part payment of arrears in full and final satisfaction) and 33 (power to write off arrears);

(e)section 42 (meaning of child);

(f)section 58, so far as relating to the entry referred to in sub-paragraph (g); and

(g)the entry in Schedule 8 (repeals) relating to Schedule 1 to the Child Support Act 1991(3).

Signed by authority of the Secretary of State for Work and Pensions.

Steve Webb

Minister of State,

Department for Work and Pensions

4th October 2012

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) and the Welfare Reform Act 2009 (c. 24).

Article 2(1) brings into force the provisions listed, in so far as they are not already in force, on 8th October 2012. Article 2(2) brings into force the provisions listed on 8th October 2012 for the purpose only of making regulations.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Child Maintenance and Other Payments Act 2008 have been brought into force by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
section 1 (partially)10th June 20082008/1476
section 1 (for all other purposes)24th July 20082008/2033
section 224th July 20082008/2033
section 3 (partially)24th July 20082008/2033
section 3 (for all other purposes)1st November 20082008/2675
section 424th July 20082008/2033
section 524th July 20082008/2033
section 624th July 20082008/2033
section 724th July 20082008/2033
section 824th July 20082008/2033
section 924th July 20082008/2033
section 1024th July 20082008/2033
section 1124th July 20082008/2033
section 1224th July 20082008/2033
section 131st November 20082008/2675
section 141st November 20082008/2675
section 15 (partially)14th July 20082008/1476
section 15 (for all other purposes)27th October 20082008/2548
section 20 (partially)26th September 20082008/2548
section 20 (for all other purposes)27th October 20082008/2548
section 22 (partially)1st June 20092009/1314
section 22 (for all other purposes)3rd August 20092009/1314
section 23 (partially)1st June 20092009/1314
section 23 (for all other purposes)3rd August 20092009/1314
section 246th April 20102010/697
section 31 (partially)26th November 20092009/3072
section 31 (for all other purposes)25th January 20102009/3072
section 36 (partially)26th September 20082008/2548
section 36 (for all other purposes)27th October 20082008/2548
section 3826th November 20092009/3072
section 435th August 20082008/2033
section 441st November 20082008/2675
section 4514th July 20082008/1476
section 46 (partially)10th June 20082008/1476
section 46 (for all other purposes)1st October 20082008/1476
section 47 (partially)10th June 20082008/1476
section 47 (for all other purposes)1st October 20082008/1476
section 48 (partially)10th June 20082008/1476
section 48 (for all other purposes)1st October 20082008/1476
section 49 (partially)10th June 20082008/1476
section 49 (for all other purposes)1st October 20082008/1476
section 50 (partially)10th June 20082008/1476
section 50 (for all other purposes)1st October 20082008/1476
section 511st October 20082008/1476
section 521st October 20082008/1476
section 53 (partially)10th June 20082008/1476
section 53 (for all other purposes)1st October 20082008/1476
section 54 (partially)10th June 20082008/1476
section 54 (for all other purposes)1st October 20082008/1476
section 5610th June 20082008/1476
section 57(1) (partially)27th October 20082008/2548
section 57(1) (partially)1st November 20082008/2675
section 57(1) (partially)1st June 20092009/1314
section 57(1) (partially)3rd August 20092009/1314
section 57(2)10th June 20082008/1476
section 58 (partially)14th July 20082008/1476
section 58 (partially)27th October 20082008/2548
section 58 (partially)1st November 20082008/2675
section 58 (partially)1st June 20092009/1314
section 5910th June 20082008/1476
section 60(1)10th June 20082008/1476
Schedule 1 (partially)10th June 20082008/1476
Schedule 1 (for all other purposes)24th July 20082008/2033
Schedule 21st November 20082008/2675
Schedule 3 (partially)See article 2(a) of Commencement Order No. 4(4)2008/2675
Schedule 3 (for all other purposes)1st November 20082008/2675
Schedule 61st November 20082008/2675
Schedule 7 (partially)14th July 20082008/1476
Schedule 7 (partially)27th October 20082008/2548
Schedule 7 (partially)1st November 20082008/2675
Schedule 7 (partially)1st June 20092009/1314
Schedule 7 (partially)3rd August 20092009/1314
Schedule 7 (partially)6th April 20102010/697
Schedule 7 (partially)27th June 20122012/1649
Schedule 8 (partially)14th July 20082008/1476
Schedule 8 (partially)27th October 20082008/2548
Schedule 8 (partially)1st November 20082008/2675
Schedule 8 (partially)1st June 20092009/1314

The following provisions of the Welfare Reform Act 2009 have been brought into force by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
section 3(1) (partially)21st May 20122012/1256
section 3(2) and (5) (partially)6th October 20112011/2427
section 3(2) and (5) (for all other purposes)31st October 20112011/2427
section 3(3)31st October 20112011/2427
section 1010th February 20102010/293
section 12(1) and (3)1st October 20102010/2377
section 12(2), (4) and (6)1st November 20102010/2377
section 12(5) (partially)29th November 20112011/2857
section 13 (partially)1st October 20102010/2377
section 13 (partially)1st November 20102010/2377
section 13 (for all other purposes)29th November 20112011/2857
section 14 (partially)11th April 20102010/293
section 14 (partially)15th October 20102010/293
section 14 (for all other purposes)11th April 20112010/293
section 24 (partially)12th January 20102010/45
section 24 (for all other purposes)1st April 20102010/45
section 2622nd March 20102010/293
section 2919th January 20122012/68
section 32(1) and (2) (partially)9th March 20112011/682
section 33 (partially)10th February 20102010/293
section 33 (for all other purposes)6th April 20102010/293
section 3510th February 20102010/293
section 55 (partially)14th January 20102010/45
section 56 (partially)28th May 20122012/1256
section 58(1) (partially)22nd March 20102010/293
section 58(1) (partially)1st April 20102010/293
Schedule 4 (partially)12th January 20102010/45
Schedule 4 (for all other purposes)1st April 20102010/45
Schedule 6 (partially)28th May 20122012/1256
Schedule 7 (partially)22nd March 20102010/293
Schedule 7 (partially)1st April 20102010/293
(4)

Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008 (S.I. 2008/2675) (C. 116).

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