Statutory Instruments
Family Law
Child Support
Made
19th November 2013
1.—(1) This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013.
(2) In this Order—
“1991 Act” means the Child Support Act 1991(3);
“2000 Act” means the Child Support, Pensions and Social Security Act 2000(4);
“2008 Act” means the Child Maintenance and Other Payments Act 2008;
“new calculation rules” means Part 1 of Schedule 1 to the 1991 Act as amended by the provisions of the 2008 Act specified in article 2.
(3) In this Order, a reference to an existing case is to a case in which there is—
(a)a maintenance assessment in force;
(b)a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force;
(c)an application for a maintenance assessment which has been made but not determined; or
(d)an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.
(4) In this Order, subject to paragraph (5)—
“maintenance calculation”, “non-resident parent”, “person with care” and “qualifying child” have the meanings given in the 1991 Act(5);
“absent parent” and “maintenance assessment” have the meanings given in the 1991 Act before its amendment by the 2000 Act.
(5) In this Order—
(a)a reference to a non-resident parent includes reference to a person who is—
(i)alleged to be the non-resident parent for the purposes of an application for child support maintenance under the 1991 Act, or
(ii)treated as the non resident parent for the purposes of the 1991 Act(6); and
(b)a reference to an absent parent includes reference to a person who is—
(i)alleged to be the absent parent for the purposes of an application for child support maintenance under the 1991 Act, or
(ii)treated as the absent parent for the purposes of the 1991 Act(7).
2. The following provisions of the 2008 Act come into force for all purposes, in so far as those provisions are not already in force, on 25th November 2013, except where the saving in article 3 applies—
(a)sections 16 (changes to the calculation of maintenance), 17 (power to regulate supersession) and 18 (determination of applications for a variation) and Schedule 4 (changes to the calculation of maintenance);
(b)section 57(1) and paragraph 1(1) of Schedule 7 (minor and consequential amendments), so far as relating to the sub-paragraphs of paragraph 1 referred to in paragraph (c);
(c)paragraph 1(2), (28) and (29) of Schedule 7;
(d)section 58 (repeals), so far as relating to the entries referred to in paragraph (e); and
(e)in Schedule 8 (repeals), the entries relating to—
(i)Schedule 1 (maintenance calculations) to the 1991 Act;
(ii)Schedule 24 (social security, child support and tax credits) to the Civil Partnership Act 2004(8).
3.—(1) The provisions of the 2008 Act referred to in article 2 do not apply to an existing case.
(2) Subject to articles 4 and 5, the saving in paragraph (1) applies until liability in relation to the maintenance assessment or maintenance calculation ceases to accrue (whether because the applicant has requested the Secretary of State cease acting, because it has otherwise ceased or because the power in paragraph 1(1) of Schedule 5 to the 2008 Act has been exercised in relation to that case) or, where an application has been made but not determined, until the date notified to the person with care as the date on which the Secretary of State has ceased acting.
4.—(1) This article applies where—
(a)on or after the date on which this Order is made, the applicant in relation to an existing case makes a request to the Secretary of State under section 4(5) or 7(6) of the 1991 Act(9) to cease acting; and
(b)a further application is made under section 4 or 7 of the 1991 Act in relation to the same qualifying child, person with care and non-resident parent before the expiry of 13 weeks from the date of cessation of action by the Secretary of State.
(2) Where this article applies, for the purposes of calculating the amount of child maintenance in response to the further application referred to in paragraph (1)(b) the saving in article 3 continues to apply (and so that new application is an existing case).
(3) For the purposes of paragraph (1)(b)—
(a)the date an application is made is—
(i)where made by telephone, the date it (the telephone call) is made; and
(ii)where made by post, the date of receipt by the Secretary of State; and
(b)the date of cessation of action by the Secretary of State is—
(i)where there is a maintenance assessment or maintenance calculation in force, the date on which the liability under that assessment or calculation ends as a result of the request to cease acting;
(ii)where there is an application still to be determined, the date notified to the person with care as the date on which the Secretary of State has ceased acting.
5.—(1) Subject to article 4, where an application is made under section 4 or 7 of the 1991 Act on or after 25th November 2013, but before the Secretary of State begins to exercise the power in paragraph 1(1) of Schedule 5 to the 2008 Act, and that application satisfies paragraph (2) or (3), paragraph (5) applies.
(2) An application satisfies this paragraph where—
(a)the non-resident parent in relation to the application is also the non-resident parent or absent parent in relation to an existing case; and
(b)the person with care in relation to the application is not the person with care in relation to the existing case in sub-paragraph (a).
(3) An application satisfies this paragraph where—
(a)the non-resident parent in relation to the application (“A”) is a partner of a non-resident parent or an absent parent in relation to an existing case (“B”); and
(b)A or B is in receipt of a prescribed benefit.
(4) For the purposes of paragraph (3)—
“partner” has the meaning given in paragraph 10C(4) (references to various terms) of Schedule 1 to the 1991 Act as amended by the 2000 Act(10);
“prescribed benefit” means a benefit prescribed, or treated as prescribed, for the purposes of paragraph 4(1)(c) (flat rate) of Schedule 1 to the 1991 Act as amended by the 2000 Act.
(5) Where this paragraph applies, the saving in article 3 ceases to apply in relation to the existing case referred to in paragraph (2)(a) or (3)(a) (and accordingly the new calculation rules apply) on the date from which the maintenance calculation made in response to the application referred to in paragraph (1) takes effect.
6. Sections 136 (supporting maintenance agreements), 140 (fees) and 141 (review of fees regulations) of the Welfare Reform Act 2012(11) come into force on 25th November 2013.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
19th November 2013
(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) (“the 2008 Act”) for the purpose of applying new rules for calculating child support maintenance to all cases other than existing cases. It also brings into force provisions in the Welfare Reform Act 2012 (c. 5).
The 2008 Act amends the statutory scheme for calculation, collection and enforcement of child support maintenance, as originally set out in the Child Support Act 1991 (c. 48) (“the 1991 Act”) and amended by the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”). The amendments made by the 2000 Act were brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 (S.I. 2003/192) for new applications after 3rd March 2003 and for existing cases related to such applications. However, the original provisions of the 1991 Act remained in force for a substantial number of cases, effectively resulting in two separate schemes. The further amendments made by the 2008 Act, together with the 2000 Act amendments, constitute a third scheme (“the new calculation rules”).
The Child Maintenance and Other Payments Act 2008 (Commencement No. 10 and Transitional Provisions) Order 2012 (S.I. 2012/3042) brought the amendments made by the 2008 Act into force for new applications made on or after 10th December 2012 where there were four or more children with the same person with care and non-resident parent and no existing case with the same person with care and non-resident parent and for existing cases related to such applications. The Child Maintenance and Other Payments Act 2008 (Commencement No. 11 and Transitional Provisions) Order 2013 (S.I. 2013/1860) brought those amendments into force for new applications made on or after 29th July 2013 where there were two or three children with the same person with care and non-resident parent and no existing case with the same person with care and non-resident parent and for existing cases related to such applications.
Article 2 brings into force on 25th November 2013 the amendments made by the 2008 Act, in so far as they are not yet in force, for all purposes except where the saving in article 3 applies.
Article 3 is a savings provision which provides that the commencement of the 2008 Act provisions does not apply to existing cases. The calculation rules applicable to the case before the commencement of the 2008 Act provisions continue to apply until liability ceases to accrue in relation to that case (subject to article 4), until the Secretary of State notifies the parent with care that he has ceased acting where there is an application that has been made but not determined, or until article 5 applies.
Article 4 provides for a thirteen week linking rule so that the new calculation rules will not apply to an existing case if a person asks the Secretary of State to cease acting and reapplies to the statutory scheme within 13 weeks.
Article 5 provides for the application of the new calculation rules to an existing case where: a new application is made in relation to the non-resident parent in the existing case and there is a different parent with care; or a non-resident parent is the partner of a non-resident parent named in a new application and either of those non-resident parents claims a prescribed benefit.
Article 6 brings section 136 of the Welfare Reform Act 2012 into force. Section 136 inserts provision into the 1991 Act which enables the Secretary of State to take appropriate steps to encourage the making and keeping of family-based maintenance agreements, including inviting an applicant to consider whether it is possible to make such an agreement, before an application for child support maintenance is accepted. Article 6 also brings into force sections 140 and 141 of the Welfare Reform Act 2012, which amend section 6 of the 2008 Act (section 6 gives the Secretary of State power to make regulations about charging fees). Section 140 clarifies that section 6 can be used to make provision for the apportionment of fees and waiver of fees and matters to be taken into account in determining such apportionment and waiver. Section 141 requires the Secretary of State to review the effect of the first regulations made under section 6 and provides when that review must be carried out and the action that must be taken following that review.
(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:
Provision | Date of Commencement | S.I. No. |
|---|---|---|
| section 1 (partially) | 10th June 2008 | 2008/1476 |
| section 1 (for all other purposes) | 24th July 2008 | 2008/2033 |
| section 2 | 24th July 2008 | 2008/2033 |
| section 3 (partially) | 24th July 2008 | 2008/2033 |
| section 3 (for all other purposes) | 1st November 2008 | 2008/2675 |
| section 4 | 24th July 2008 | 2008/2033 |
| section 5 | 24th July 2008 | 2008/2033 |
| section 6 | 24th July 2008 | 2008/2033 |
| section 7 | 24th July 2008 | 2008/2033 |
| section 8 | 24th July 2008 | 2008/2033 |
| section 9 | 24th July 2008 | 2008/2033 |
| section 10 | 24th July 2008 | 2008/2033 |
| section 11 | 24th July 2008 | 2008/2033 |
| section 12 | 24th July 2008 | 2008/2033 |
| section 13 | 1st November 2008 | 2008/2675 |
| section 14 | 1st November 2008 | 2008/2675 |
| section 15 (partially) | 14th July 2008 | 2008/1476 |
| section 15 (for all other purposes) | 27th October 2008 | 2008/2548 |
| section 16 (partially) | 8th October 2012 | 2012/2523 |
| section 16 (partially) | 10th December 2012 | 2012/3042 |
| section 16 (partially) | 29th July 2013 | 2013/1860 |
| section 17 (partially) | 8th October 2012 | 2012/2523 |
| section 17 (partially) | 10th December 2012 | 2012/3042 |
| section 17 (partially) | 29th July 2013 | 2013/1860 |
| section 18 (partially) | 10th December 2012 | 2012/3042 |
| section 18 (partially) | 29th July 2013 | 2013/1860 |
| section 20 (partially) | 26th September 2008 | 2008/2548 |
| section 20 (for all other purposes) | 27th October 2008 | 2008/2548 |
| section 22 (partially) | 1st June 2009 | 2009/1314 |
| section 22 (for all other purposes) | 3rd August 2009 | 2009/1314 |
| section 23 (partially) | 1st June 2009 | 2009/1314 |
| section 23 (for all other purposes) | 3rd August 2009 | 2009/1314 |
| section 24 | 6th April 2010 | 2010/697 |
| section 31 (partially) | 26th November 2009 | 2009/3072 |
| section 31 (for all other purposes) | 25th January 2010 | 2009/3072 |
| section 32 (partially) | 8th October 2012 | 2012/2523 |
| section 32 (for all other purposes) | 10th December 2012 | 2012/3042 |
| section 33 (partially) | 8th October 2012 | 2012/2523 |
| section 33 (for all other purposes) | 10th December 2012 | 2012/3042 |
| section 36 (partially) | 26th September 2008 | 2008/2548 |
| section 36 (for all other purposes) | 27th October 2008 | 2008/2548 |
| section 37 | 8th October 2012 | 2012/2523 |
| section 38 | 26th November 2009 | 2009/3072 |
| section 41 | 8th October 2012 | 2012/2523 |
| section 42 (partially) | 8th October 2012 | 2012/2523 |
| section 42 (for all other purposes) | 10th December 2012 | 2012/3042 |
| section 43 | 5th August 2008 | 2008/2033 |
| section 44 | 1st November 2008 | 2008/2675 |
| section 45 | 14th July 2008 | 2008/1476 |
| section 46 (partially) | 10th June 2008 | 2008/1476 |
| section 46 (for all other purposes) | 1st October 2008 | 2008/1476 |
| section 47 (partially) | 10th June 2008 | 2008/1476 |
| section 47 (for all other purposes) | 1st October 2008 | 2008/1476 |
| section 48 (partially) | 10th June 2008 | 2008/1476 |
| section 48 (for all other purposes) | 1st October 2008 | 2008/1476 |
| section 49 (partially) | 10th June 2008 | 2008/1476 |
| section 49 (for all other purposes) | 1st October 2008 | 2008/1476 |
| section 50 (partially) | 10th June 2008 | 2008/1476 |
| section 50 (for all other purposes) | 1st October 2008 | 2008/1476 |
| section 51 | 1st October 2008 | 2008/1476 |
| section 52 | 1st October 2008 | 2008/1476 |
| section 53 (partially) | 10th June 2008 | 2008/1476 |
| section 53 (for all other purposes) | 1st October 2008 | 2008/1476 |
| section 54 (partially) | 10th June 2008 | 2008/1476 |
| section 54 (for all other purposes) | 1st October 2008 | 2008/1476 |
| section 56 | 10th June 2008 | 2008/1476 |
| section 57(1) (partially) | 27th October 2008 | 2008/2548 |
| section 57(1) (partially) | 1st November 2008 | 2008/2675 |
| section 57(1) (partially) | 1st June 2009 | 2009/1314 |
| section 57(1) (partially) | 3rd August 2009 | 2009/1314 |
| section 57(1) (partially) | 8th October 2012 | 2012/2523 |
| section 57(1) (partially) | 10th December 2012 | 2012/3042 |
| section 57(1) (partially) | 29th July 2013 | 2013/1860 |
| section 57(2) | 10th June 2008 | 2008/1476 |
| section 58 (partially) | 14th July 2008 | 2008/1476 |
| section 58 (partially) | 27th October 2008 | 2008/2548 |
| section 58 (partially) | 1st November 2008 | 2008/2675 |
| section 58 (partially) | 1st June 2009 | 2009/1314 |
| section 58 (partially) | 8th October 2012 | 2012/2523 |
| section 58 (partially) | 10th December 2012 | 2012/3042 |
| section 58 (partially) | 29th July 2013 | 2013/1860 |
| section 59 | 10th June 2008 | 2008/1476 |
| section 60(1) | 10th June 2008 | 2008/1476 |
| Schedule 1 (partially) | 10th June 2008 | 2008/1476 |
| Schedule 1 (for all other purposes) | 24th July 2008 | 2008/2033 |
| Schedule 2 | 1st November 2008 | 2008/2675 |
| Schedule 3 (partially) | See article 2(a) of Commencement Order No. 4(12) | 2008/2675 |
| Schedule 3 (for all other purposes) | 1st November 2008 | 2008/2675 |
| Schedule 4 (partially) | 8th October 2012 | 2012/2523 |
| Schedule 4 (partially) | 10th December 2012 | 2012/3042 |
| Schedule 4 (partially) | 29th July 2013 | 2013/1860 |
| Schedule 6 | 1st November 2008 | 2008/2675 |
| Schedule 7 (partially) | 14th July 2008 | 2008/1476 |
| Schedule 7 (partially) | 27th October 2008 | 2008/2548 |
| Schedule 7 (partially) | 1st November 2008 | 2008/2675 |
| Schedule 7 (partially) | 1st June 2009 | 2009/1314 |
| Schedule 7 (partially) | 3rd August 2009 | 2009/1314 |
| Schedule 7 (partially) | 6th April 2010 | 2010/697 |
| Schedule 7 (partially) | 27th June 2012 | 2012/1649 |
| Schedule 7 (partially) | 8th October 2012 | 2012/2523 |
| Schedule 7 (partially) | 10th December 2012 | 2012/3042 |
| Schedule 7 (partially) | 29th July 2013 | 2013/1860 |
| Schedule 8 (partially) | 14th July 2008 | 2008/1476 |
| Schedule 8 (partially) | 27th October 2008 | 2008/2548 |
| Schedule 8 (partially) | 1st November 2008 | 2008/2675 |
| Schedule 8 (partially) | 1st June 2009 | 2009/1314 |
| Schedule 8 (partially) | 8th October 2012 | 2012/2523 |
| Schedule 8 (partially) | 10th December 2012 | 2012/3042 |
| Schedule 8 (partially) | 29th July 2013 | 2013/1860 |
The following provisions of the Welfare Reform Act 2012 (c.5) were brought into force by a Statutory Instrument which was made before this Order was made.
Provision | Date of commencement | S.I. Number |
|---|---|---|
| Section 1 (partially) | 29th April 2013 | 2013/983(13) |
| Section 1 (partially) | 1st July 2013 | 2013/1511 |
| Section 1 (partially) | 29th July 2013 | 2013/1511 |
| Section 1 (partially) | 28th October 2013 | 2013/2657 |
| Section 1 (partially) | 25th November 2013 | 2013/2846 |
| Section 2(1) (partially) | As section 1 | As section 1 |
| Section 2(2) | 25th February 2013 | 2013/358 |
| Section 3 (partially) | As section 1 | As section 1 |
| Section 4(1) and (4) (partially) | As section 1 | As section 1 |
| Section 4(2), (3) and (5) to (7) | 25th February 2013 | 2013/358 |
| Section 5 (partially) | 25th February 2013 | 2013/358 |
| Section 5 (partially) | 29th April 2013 | 2013/983 |
| Section 5 (partially) | 1st July 2013 | 2013/1511 |
| Section 5 (partially) | 29th July 2013 | 2013/1511 |
| Section 5 (partially) | 28th October 2013 | 2013/2657 |
| Section 5 (partially) | 25th November 2013 | 2013/2846 |
| Section 6(1)(a) and (3) (partially) | 25th February 2013 | 2013/358 |
| Section 6 (partially) | As section 1 | As section 1 |
| Section 7(1) and (4) (partially) | As section 1 | As section 1 |
| Section 7(2) and (3) | 25th February 2013 | 2013/358 |
| Section 8 (partially) | As section 1 | As section 1 |
| Section 8(3) (partially) | 25th February 2013 | 2013/358 |
| Section 9(1) (partially) | As section 1 | As section 1 |
| Sections 9(2) and (3), 10(2) to (5) and 11(3) to (5) | 25th February 2013 | 2013/358 |
| Section 10(1) (partially) | As section 1 | As section 1 |
| Section 11(1) and (2) (partially) | As section 1 | As section 1 |
| Section 12(1) (partially) | 25th February 2013 | 2013/358 |
| Section 12(1) and (2) (partially) | As section 1 | As section 1 |
| Section 12(3) and (4) | 25th February 2013 | 2013/358 |
| Section 13 (partially) | As section 1 | As section 1 |
| Section 14 (partially) | As section 1 | As section 1 |
| Section 14(5) (partially) | 25th February 2013 | 2013/358 |
| Section 15(1) and (4) (partially) | As section 1 | As section 1 |
| Sections 15(2) and (3) and 17(3)(f) | 25th February 2013 | 2013/358 |
| Section 16 (partially) | As section 1 | As section 1 |
| Section 17(1), (2), (3)(a) to (e), (4) and (5) (partially) | As section 1 | As section 1 |
| Section 17(4) and (5) (partially) | 25th February 2013 | 2013/358 |
| Section 18 (partially) | As section 1 | As section 1 |
| Section 18(3) and (5) (partially) | 25th February 2013 | 2013/358 |
| Section 19(1), (2)(a) to (c), (5) and (6) (partially) | As section 1 | As section 1 |
| Section 19(2)(d), (3) and (4) | 25th February 2013 | 2013/358 |
| Section 20(1) (partially) | 25th February 2013 | 2013/358 |
| Section 20 (partially) | As section 1 | As section 1 |
| Section 21 (partially) | As section 1 | As section 1 |
| Section 22 (partially) | As section 1 | As section 1 |
| Section 22(2) (partially) | 25th February 2013 | 2013/358 |
| Section 23 (partially) | As section 1 | As section 1 |
| Sections 24(1), (5) and (6) and 25 | 25th February 2013 | 2013/358 |
| Section 24(2), (3) and (4) (partially) | As section 1 | As section 1 |
| Section 26(1) to (5) (partially) | As section 1 | As section 1 |
| Section 26(2)(a) (partially) | 25th February 2013 | 2013/358 |
| Sections 26(6) to (8), 27(4), (5) and (9) and 28 | 25th February 2013 | 2013/358 |
| Section 27(1) to (3) and (6) to (8) (partially) | As section 1 | As section 1 |
| Section 29 | 29th April 2013 | 2013/983 |
| Sections 30 and 31 (partially) | 25th February 2013 | 2013/358 |
| Section 31 (partially) | 1st April 2013 | 2013/358 |
| Section 31 (partially) | 29th April 2013 | 2013/358 |
| Section 31 (partially) | 29th April 2013 | 2013/983 |
| Section 32 | 25th February 2013 | 2013/358 |
| Section 33(1)(a) and (b), (2) and (3) (partially) | As section 1 | As section 1 |
| Section 33(1)(e) | 1st April 2013 | 2013/358 |
| Sections 33(3) (partially) | 1st April 2013 | 2013/358 |
| Section 35 (partially) | 25th February 2013 | 2013/358 |
| Section 35 (partially) | 29th April 2013 | 2013/983 |
| Section 36 (partially) | 25th February 2013 | 2013/358 |
| Sections 37(3) to (7) and 39(3)(a) | 25th February 2013 | 2013/358 |
| Section 37 (for all remaining purposes) | 29th April 2013 | 2013/983 |
| Section 38 | 29th April 2013 | 2013/983 |
| Section 39 (for all remaining purposes) | 29th April 2013 | 2013/983 |
| Sections 40, 42 and 43 | 25th February 2013 | 2013/358 |
| Section 44(1) (partially) | As section 1 | As section 1 |
| Section 44(2) (partially) | As section 1 | As section 1 |
| Section 44(5) | 10th June 2012 | 2012/1246 |
| Section 45 | 8th October 2012 | 2012/2530 |
| Section 46(1) and (3) (partially) | 10th June 2012 | 2012/1246 |
| Section 46(1) (partially) | 22nd October 2012 | 2012/2530 |
| Section 46(2) | 10th June 2012 | 2012/1246 |
| Section 46(3) (for all remaining purposes) | 22nd October 2012 | 2012/2530 |
| Section 46(4) | 22nd October 2012 | 2012/2530 |
| Section 47 | 20th March 2012 | 2012/863 |
| Section 48 (partially) | 22nd October 2012 | 2012/2530 |
| Section 49(1) and (3) (partially) | 25th February 2013 | 2013/358 |
| Section 49(1), (2) and (3) to (5) (partially) | As section 1 | As section 1 |
| Section 49(6) | 25th February 2013 | 2013/358 |
| Section 51 (partially) | 20th March 2012 | 2012/863 |
| Section 51 (for all remaining purposes) | 1st May 2012 | 2012/863 |
| Sections 52 and 53 | 1st May 2012 | 2012/863 |
| Section 54(1) (partially) | 25th February 2013 | 2013/358 |
| Section 54(1) and (2) (partially) | As section 1 | As section 1 |
| Section 54(6) | 25th February 2013 | 2013/358 |
| Section 55 | 3rd December 2012 | 2012/2530 |
| Section 56 | 26th November 2012 | 2012/2530 |
| Section 57(1) and (2) (partially) | 25th February 2013 | 2013/358 |
| Section 57(1), (2), (4), (5) and (9) (partially) | As section 1 | As section 1 |
| Section 57(6) | 25th February 2013 | 2013/358 |
| Section 58(1) and (2) | 20th March 2012 | 2012/863 |
| Section 64 (partially) | 30th October 2012 | 2012/2530 |
| Section 64 (for all remaining purposes) | 5th December 2012 | 2012/2530 |
| Section 65 | 5th December 2012 | 2012/2530 |
| Section 66 (partially) | 30th October 2012 | 2012/2530 |
| Section 66 (partially) | 31st October 2013 | 2013/2534 |
| Sections 67 and 68 | 5th December 2012 | 2012/2530 |
| Section 69 (partially) | 27th November 2012 | 2012/2946 |
| Section 69 (for all remaining purposes) | 1st January 2013 | 2012/2946 |
| Section 70(1) and (3) to (10) | 1st April 2013 | 2012/3090 |
| Section 70(2) | 1st August 2013 | 2012/3090 |
| Section 73 | 1st April 2013 | 2012/3090 |
| Section 77(3) (partially) | 25th February 2013 | 2013/358 |
| Section 77(1) to (3) (partially) | 8th April 2013 | 2013/358 |
| Section 77(1) to (3) (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Section 78(1), (2), (5) and (6) (partially) | 8th April 2013 | 2013/358 |
| Section 78(1), (2), (5) and (6) (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Section 78(3) and (4) | 25th February 2013 | 2013/358 |
| Section 79(1), (2), (5) and (6) (partially) | 8th April 2013 | 2013/358 |
| Section 79(1), (2), (5) and (6) (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Section 79(3), (4) and (7) | 25th February 2013 | 2013/358 |
| Sections 80 and 81 | 25th February 2013 | 2013/358 |
| Section 82 (partially) | 8th April 2013 | 2013/358 |
| Section 82 (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Section 83(3) (partially) | 25th February 2013 | 2013/358 |
| Section 83(1) to (3) and 84 (partially) | 8th April 2013 | 2013/358 |
| Section 83(1) to (3) and 84 (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Sections 85 and 86 | 25th February 2013 | 2013/358 |
| Section 87 (partially) | 25th February 2013 | 2013/358 |
| Section 87 (partially) | 8th April 2013 | 2013/358 |
| Section 87 (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Sections 88 and 89 (partially) | 8th April 2013 | 2013/358 |
| Sections 88 and 89 (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Section 91 (partially) | 25th February 2013 | 2013/358 |
| Section 91 (partially) | 8th April 2013 | 2013/358 |
| Section 91 (partially) | 10th June 2013 | 2013/1250 |
| Sections 92, 93 and 94 | 25th February 2013 | 2013/358 |
| Section 95 (partially) | 25th February 2013 | 2013/358 |
| Section 95 (partially) | 8th April 2013 | 2013/358 |
| Section 95 (for all remaining purposes) | 10th June 2013 | 2013/1250 |
| Section 96 (partially) | 27th November 2012 | 2012/2946 |
| Section 96 (for all remaining purposes) | 15th April 2013 | 2012/2946 |
| Section 97(1) to (4) | 27th November 2012 | 2012/2946 |
| Section 97(5) and (6) | 15th April 2013 | 2012/2946 |
| Sections 98 and 99 | 25th February 2013 | 2013/358 |
| Section 100 | 25th February 2013 | 2013/358 |
| Section 101(1) (partially) | 25th February 2013 | 2013/358 |
| Section 101(2) | 1st April 2013 | 2013/358 |
| Section 102(1) (partially) | 25th February 2013 | 2013/358 |
| Section 102(2) to (5) | 25th February 2013 | 2013/358 |
| Section 102(6) (partially) | 25th February 2013 | 2013/358 |
| Section 102(6) (partially) | 29th April 2013 | 2013/983 |
| Section 104 | 25th February 2013 | 2013/358 |
| Section 105(1) (partially) | 1st July 2012 | 2012/1246 |
| Section 105(1) (partially) | 1st October 2012 | 2012/1246 |
| Section 105(1) (partially) | 29th April 2013 | 2013/358 |
| Section 105(3), (5) and (6) | 29th April 2013 | 2013/358 |
| Section 105(4) | 1st October 2012 | 2012/1246 |
| Section 105(7) (partially) | 29th April 2013 | 2013/358 |
| Section 106 | 1st July 2012 | 2012/1246 |
| Section 110 (partially) | 17th June 2013 | 2013/1250 |
| Section 110 | 1st October 2013 | 2013/1250 |
| Sections 113 to 115 | 8th May 2012 | 2012/863 |
| Section 116(1) (partially) | 10th May 2012 | 2012/1246 |
| Section 116(1) (for all remaining purposes) | 1st October 2012 | 2012/1246 |
| Section 116(2) | 10th May 2012 | 2012/1246 |
| Section 117(1) (partially) | 1st April 2013 | 2013/358 |
| Section 117(1) (for all remaining purposes) | 6th April 2013 | 2013/358 |
| Section 117(2) | 1st April 2013 | 2013/358 |
| Section 117(3) | 6th April 2013 | 2013/358 |
| Section 118(1), (2), (5) and (8)(b) (partially) | 25th February 2013 | 2013/358 |
| Section 118(1), (2), (5) and (8)(b) (for all remaining purposes) | 1st April 2013 | 2013/358 |
| Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 119 | 1st April 2013 | 2013/358 |
| Section 120 (partially) | 1st February 2013 | 2013/178 |
| Section 120 (for all remaining purposes) | 6th April 2013 | 2013/178 |
| Sections 122, 123 and 125(14) | 6th June 2012 | 2012/1246 |
| Sections 128 and 129 | 20th March 2012 | 2012/863 |
| Section 130 (partially) | 20th March 2012 | 2012/863 |
| Section 130 (for all remaining purposes) | 8th May 2012 | 2012/863 |
| Section 131 (partially) | 20th March 2012 | 2012/863 |
| Section 131 (for all remaining purposes) | 8th May 2012 | 2012/863 |
| Section 132(8) | 20th March 2012 | 2012/863 |
| Section 132 (for all remaining purposes) | 8th May 2012 | 2012/863 |
| Section 133(1) to (4) | 20th March 2012 | 2012/863 |
| Section 133(6) | 2nd July 2012 | 2012/1651 |
| Sections 143, 144 and 146 | 8th May 2012 | 2012/863 |
| Schedule 1 (partially) | 25th February 2013 | 2013/358 |
| Schedule 2 (partially) | 25th February 2013 | 2013/358 |
| Schedule 2 (partially) | 1st April 2013 | 2013/358 |
| Schedule 2 (partially) | 29th April 2013 | 2013/358 |
| Schedule 2 (partially) | 29th April 2013 | 2013/983 |
| Schedule 3 (partially) | 1st April 2013 | 2013/358 |
| Schedule 3 (partially) | 29th April 2013 | 2013/983 |
| Schedule 3 (partially) | 1st July 2013 | 2013/1511 |
| Schedule 3 (partially) | 29th July 2013 | 2013/1511 |
| Schedule 3 (partially) | 28th October 2013 | 2013/2657 |
| Schedule 3 (partially) | 25th November 2013 | 2013/2846 |
| Schedule 5 (partially) | 25th February 2013 | 2013/358 |
| Schedule 5 (partially) | 29th April 2013 | 2013/983 |
| Schedule 6 (partially) | 25th February 2013 | 2013/358 |
| Schedule 7 (partially) | 22nd October 2012 | 2012/2530 |
| Schedule 8 (partially) | 1st April 2013 | 2012/3090 |
| Schedule 8 (for all remaining purposes) | 1st August 2013 | 2012/3090 |
| Schedule 9 (partially) | 25th February 2013 | 2013/358 |
| Schedule 9 (partially) | 8th April 2013 | 2013/358 |
| Schedule 9 (partially) | 10th June 2013 | 2013/1250 |
| Schedule 10 | 25th February 2013 | 2013/358 |
| Schedule 11 (partially) | 25th February 2013 | 2013/358 |
| Schedule 11 (partially) | 29th April 2013 | 2013/983 |
| Part 1 of Schedule 14 (partially) | 1st April 2013 | 2013/358 |
| Part 1 of Schedule 14 (partially) | 29th April 2013 | 2013/983 |
| Part 1 of Schedule 14 (partially) | 1st July 2013 | 2013/1511 |
| Part 1 of Schedule 14 (partially) | 29th July 2013 | 2013/1511 |
| Part 1 of Schedule 14 (partially) | 28th October 2013 | 2013/2657 |
| Part 1 of Schedule 14 (partially) | 25th November 2013 | 2013/2846 |
| Part 3 of Schedule 14 (partially) | 22nd October 2012 | 2012/2530 |
| Parts 4 and 5 of Schedule 14 (partially) | As section 1 | As section 1 |
| Part 8 of Schedule 14 (partially) | 1st April 2013 | 2012/3090 |
| Part 8 of Schedule 14 (partially) | 1st August 2013 | 2012/3090 |
| Part 11 of Schedule 14 (partially) | 1st April 2013 | 2013/358 |
| Part 11 of Schedule 14 (partially) | 29th April 2013 | 2013/358 |
| Part 14 of Schedule 14 | 8th May 2012 | 2012/863 |
2000 c. 19. The relevant amendments to the Child Support Act 1991 (“the 1991 Act”) were made by sections 1 and 26 of, and paragraph 11(1), (2) and (20) of Schedule 3 to, the Child Support, Pensions and Social Security Act 2000 (“the 2000 Act”).
The definition of “maintenance calculation” was substituted for the definition of “maintenance assessment” in section 54 of the 1991 Act by section 26 of, and paragraph 11(1) and (20)(d) of Schedule 3 to, the 2000 Act. The term “non-resident parent” was substituted for the term “absent parent” by section 26 of, and paragraph 11(1) and (2) of Schedule 3 to, the 2000 Act. The definition of “qualifying child” in section 3(1) of the 1991 Act was amended by section 26 of, and paragraph 11(1) and (2) of Schedule 3 to, the 2000 Act.
A person may be treated as a non-resident parent for the purposes of the 1991 Act under regulation 50(2) of the Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677) or regulation 8(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155).
A person may be treated as an absent parent for the purposes of the 1991 Act under regulation 20(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (S.I. 1992/1815).
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 Social Security Act 1998 (c. 14) (“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, section 35(1) of, and Schedule 8 to, the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”) and S.I. 2012/2007. Section 7 was amended by paragraph 21 of Schedule 7, and Schedule 8, to the 1998 Act, section 1(2) of, and paragraph 11(1),(2) and (4) of Schedule 3 to, the 2000 Act, section 35(2) of the 2008 Act and S.I. 2012/2007.
Part 1 of Schedule 1 to the 1991 Act was substituted by section 1(3) of, and Schedule 1 to, the 2000 Act.
2012 c. 5. Section 136 was amended by S.I. 2012/2007.
Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008 (S.I. 2008/2675 (C. 116)).
S.I. 2013/983 was amended by S.I. 2013/1511.
S.I. 2012/1246 was amended by S.I. 2012/1440 and 2530.