3(1)Where a contributor has been served with a contribution notice and has—E+W
(a)failed to reach any agreement with the local authority as mentioned in paragraph 2(7) within the period of one month beginning with the day on which the contribution notice was served, or
(b)served a notice under paragraph 2(9) withdrawing his or her agreement,
the authority may apply to the court for an order under this paragraph.
(2)On such an application the court may make an order (“a contribution order”) requiring the contributor to contribute a weekly amount towards the child's maintenance in accordance with arrangements for payment specified by the court.
(3)A contribution order—
(a)may not specify a weekly amount greater than that specified in the contribution notice, and
(b)must be made with regard to the contributor's means.
(4)A contribution order may not—
(a)take effect before the date specified in the contribution notice,
(b)have effect while the contributor is not liable to contribute (by virtue of paragraph 1), or
(c)remain in force after the child has ceased to be looked after by the authority which obtained the order.
(5)An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which it has withdrawn.
(6)Where—
(a)a contribution order is in force,
(b)the authority serves another contribution notice, and
(c)the contributor and the authority reach an agreement under paragraph 2(7) in respect of that other contribution notice,
the effect of the agreement is to discharge the order from the date on which it is agreed that the agreement is to take effect.
(7)Where an agreement is reached in the circumstances described in sub-paragraph (6) the authority must notify the court—
(a)of the agreement, and
(b)of the date on which it took effect.
(8)A contribution order may be varied or revoked on the application of the contributor or the authority.
(9)In proceedings for the variation of a contribution order, the authority must specify—
(a)the weekly amount which, having regard to paragraph 2, it proposes that the contributor should contribute under the order as varied, and
(b)the proposed arrangements for payment.
(10)Where a contribution order is varied, the order—
(a)may not specify a weekly amount greater than that specified by the authority in the proceedings for variation, and
(b)must be made with regard to the contributor's means.
(11)An appeal lies in accordance with rules of court from any order made under this paragraph.
[F1(12)A contribution order in relation to a child, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18.]
Textual Amendments
F1Sch. 1 para. 3(12) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 320
Commencement Information
I1Sch. 1 para. 3 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)