Legal background
- Under section 4 of the Child support Act 1991 ("the 1991 Act"), either parent (or a child in Scotland under section 7) may apply for a maintenance calculation to be made.
- Liability for child maintenance is calculated under section 11 and in accordance with Schedule 1 of the 1991 Act.
- When the Secretary of State (through the CMS) exercises any discretionary power in the 1991 Act, they are obliged to consider the welfare of any child affected by the decision (section 2 of the 1991 Act).
- Under section 4(2)(a) of the 1991 Act, the CMS had the power to collect maintenance payments (under the collect and pay service) where:
- the NRP agrees to the arrangements (section 4(2A)(a) of the 1991 Act); or
- the CMS is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation (section 4(2A)(b) of the 1991 Act).
- Sections 7(3) and 7(3A) of the 1991 Act provide this power in Scotland when the child maintenance application has been made by a child.
- Article 7 of the Child Support (Northern Ireland) Order 1991 provides for corresponding provisions in Northern Ireland to section 4 of the Child Support Act 1991.
