10.—(1) Where two or more applications for a maintenance calculation are made with respect to the same child the Secretary of State may determine which to proceed with.
(2) In making a determination under paragraph (1) the Secretary of State must have regard to the following order of priority—
(a)an application by a person with care or a non-resident parent has priority over an application by a child under section 7 of the 1991 Act(1);
(b)otherwise an earlier application has priority over one made later.
(3) Where—
(a)in relation to an application under section 4 or 7 of the 1991 Act(2), both parents of a qualifying child are named as non-resident parents; or
(b)an application is made under section 4 of that Act by both non-resident parents of a qualifying child,
the Secretary of State must proceed with the application in relation to each non-resident parent, treating it as a single application for a maintenance calculation in respect of that qualifying child.
Section 7 was amended by paragraph 21 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14) (“the 1998 Act”), section 1(2) of, and paragraph 11(1), (2) and (4) of Schedule 3 to, the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”), and by section 35(2) of the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”).
Section 4 was amended by section 18(1) of the Child Support Act 1995 (c. 34), paragraph 19 of Schedule 7, and Schedule 8, to the 1998 Act, sections 1(2) and 2(1) to (3) of, and paragraph 11(1) to (3) of Schedule 3 to, the 2000 Act and section 35(1) of, and Schedule 8 to, the 2008 Act.