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3. This Order applies in respect of a claim for the recovery of maintenance unless the Secretary of State would have had jurisdiction to make a maintenance calculation (within the meaning of the Child Support Act 1991(1)) as regards that maintenance with respect to a child–
(a)who is the applicant claiming the maintenance; or
(b)where the applicant claiming the maintenance is another person in relation to whom the Secretary of State has arranged for the collection of payments for that child’s benefit.
See section 44. The Recovery of Maintenance (United States of America) Order 2007 (S.I. 2007/2006), which applies throughout the United Kingdom, includes provision for Scotland equivalent to this Order for maintenance claims outwith the scope of this Order.
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Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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