Child Support Act 1991
Child Support Act 1991 (1991 c. 48)
- Child Support Act 1991 (1991 c. 48)
- The basic principles
- 1 The duty to maintain.
- 2 Welfare of children: the general principle.
- 3 Meaning of certain terms used in this Act.
- 4 Child support maintenance.
- 5 Child support maintenance: supplemental provisions.
- 6 Applications by those claiming or receiving benefit.
- 7 Right of child in Scotland to apply for calculation.
- 8 Role of the courts with respect to maintenance for children.
- 9 Agreements about maintenance.
- 10 Relationship between maintenance calculations and certain court orders and related matters.
- Maintenance calculations
- 11 Maintenance calculations.
- 12 Default and interim maintenance decisions.
- Child support officers
- 13 Child support officers.
- Information
- 14 Information required by Secretary of State.
- 14A Information—offences.
- 15 Powers of inspectors.
- 15A. Inspectors: warrants authorising entry
- Reviews and appeals
- 16 Revision of decisions
- 17 Decisions superseding earlier decisions
- 18 Reviews of decisions of child support officers.
- 19 Reviews at instigation of child support officers.
- 20 Appeals to First-tier Tribunal.
- 20A Lapse of appeals.
- 21 Child support appeal tribunals.
- 22 Child Support Commissioners.
- 23 Child Support Commissioners for Northern Ireland.
- 23A Redetermination of appeals.
- 24 Appeals to Upper Tribunal
- 25 Appeal from Child Support Commissioner on question of law.
- 26 Disputes about parentage.
- 27 Applications for declaration of parentage under Family Law Act 1986.
- 27A Recovery of fees for scientific tests.
- 28 Power of Secretary of State to initiate or defend actions of declarator: Scotland.
- Decisions and appeals dependent on other cases
- 28ZA Decisions involving issues that arise on appeal in other cases
- 28ZB Appeals involving issues that arise on appeal in other cases
- Cases of error
- 28ZC Restrictions on liability in certain cases of error
- 28ZD Correction of errors and setting aside of decisions
- Variations
- 28A Application for variation of usual rules for calculating maintenance.
- 28B Preliminary consideration of applications.
- 28C Imposition of regular payments condition.
- 28D Determination of applications.
- 28E Matters to be taken into account.
- 28F Agreement to a variation.
- 28G Variations: revision and supersession.
- 28H Departure directions: decisions and appeals
- 28I Transitional provisions.
- Voluntary payments
- 28J Voluntary payments.
- Collection and enforcement
- 29 Collection of child support maintenance.
- 30 Collection and enforcement of other forms of maintenance.
- 31 Deduction from earnings orders.
- 32 Regulations about deduction from earnings orders.
- 32A Orders for regular deductions from accounts
- 32B Orders under section 32A: joint accounts
- 32C Regulations about orders under section 32A
- 32D Orders under section 32A: offences
- 32E Lump sum deductions: interim orders
- 32F Lump sum deductions: final orders
- 32G Orders under sections 32E and 32F: freezing of accounts etc.
- 32H Orders under section 32F: deductions and payments
- 32I Power to disapply sections 32G(1) and (2) and 32H(2)(b) and (4)(b)
- 32J Regulations about orders under section 32E or 32F
- 32K Lump sum deduction orders: offences
- 32L Orders preventing avoidance
- 33 Liability orders.
- 34 Regulations about liability orders.
- 35 Enforcement of liability orders by taking control of goods.
- 36 Enforcement in county courts.
- 37 Regulations about liability orders: Scotland.
- 38 Enforcement of liability orders by diligence: Scotland.
- 39 Liability orders: enforcement throughout United Kingdom.
- 39A Commitment to prison and disqualification from driving.
- 39B Disqualification for holding or obtaining United Kingdom passport
- 39C Period for which orders under section 39B are to have effect
- 39D Power to order search
- 39E Variation and revocation of orders following payment
- 39F Power to make supplementary provision
- 39G Application of sections 39B and 39F to Scotland
- 40 Commitment to prison.
- 40A Commitment to prison: Scotland.
- 40B Disqualification from driving: further provision.
- 41 Arrears of child support maintenance.
- 41A Penalty payments.
- 41B Repayment of overpaid child support maintenance.
- 41C Power to treat liability as satisfied
- 41D Power to accept part payment of arrears in full and final satisfaction
- 41E Power to write off arrears
- Special cases
- 42 Special cases.
- 43 Recovery of child support maintenance by deduction from benefit.
- 43A Recovery of arrears from deceased's estate
- Jurisdiction
- 44 Jurisdiction.
- 45 Jurisdiction of courts in certain proceedings under this Act.
- Miscellaneous and supplemental
- 46 Reduced benefit decisions.
- 46A Finality of decisions
- 46B Matters arising as respects decisions
- 47 Fees.
- 48 Right of audience.
- 49 Right of audience: Scotland.
- 49D Disclosure of information to credit reference agencies
- 50 Unauthorised disclosure of information.
- 50A Use of computers
- 51 Supplementary powers to make regulations.
- 51A Pilot schemes
- 52 Regulations and orders.
- 53 Financial provisions.
- 54 Interpretation.
- 55 Meaning of “child”.
- 56 Corresponding provision for and co-ordination with Northern Ireland.
- 57 Application to Crown.
- 58 Short title, commencement and extent, etc.
- SCHEDULES
- SCHEDULE 1 Maintenance Calculations
- PART I Calculation of weekly amount of child support maintenance
- General rule
- Basic rate
- Reduced rate
- Flat rate
- Nil rate
- Non-resident parent party to other maintenance arrangement
- Apportionment
- Shared care—basic and reduced rate
- Shared care—flat rate
- Regulations about shared care
- Gross weekly income
- Regulations about rates, figures, etc.
- Regulations about income
- References to various terms
- Part II General Provisions About Maintenance Calculations
- Effective date of calculation
- Form of calculation
- Assessments where amount of child support is nil
- Consolidated applications and calculations
- Separate calculations for different periods
- Termination of calculations
- SCHEDULE 2 Provision of Information to Secretary of State
- Inland Revenue records
- Local authority records
- SCHEDULE 3 Child Support Appeal Tribunals
- The President
- Membership of child support appeal tribunals
- The chairmen
- Other members of child support appeal tribunals
- Clerks of tribunals
- Expenses of tribunal members and others
- Consultation with Lord Advocate
- SCHEDULE 4 Child Support Commissioners for Northern Ireland
- Tenure of office
- Commissioners’ remuneration and their pensions
- Expenses of other persons
- Commissioners barred from legal practice
- Deputy Child Support Commissioners
- Determination of questions by other officers
- Tribunals of Commissioners
- Finality of decisions
- Consultation with Lord Advocate
- Northern Ireland
- SCHEDULE 4A Applications for a variation
- Interpretation
- Applications for a variation
- Completion of preliminary consideration
- Information
- Joint consideration of applications for a variation and appeals
- SCHEDULE 4B Applications for a variation: The Cases and Controls
- Part I The Cases
- General
- Special expenses
- Property or capital transfers
- Additional cases
- Part II Regulatory Controls
- SCHEDULE 4C Decisions and Appeals: Departure Directions and Reduced Benefit Directions etc.
- Revision of decisions
- Decisions superseding earlier decisions
- Appeals to appeal tribunals
- Decisions and appeals dependent on other cases
- Cases of error
- SCHEDULE 5 Consequential Amendments
- The Tribunals and Inquiries Act 1971 (c.62)
- The Northern Ireland Constitution Act 1973 (c. 36)
- The House of Commons Disqualification Act 1975 (c.24)
- The Northern Ireland Assembly Disqualification Act 1975 (c.25)
- The Family Law (Scotland) Act 1985 (c.37)
- Bankruptcy (Scotland) Act 1985 (c.66)
- The Insolvency Act 1986 (c.45)
- The Debtors (Scotland) Act 1987 (c.18)
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