Child Support, Pensions and Social Security Act 2000 (c. 19)

(The document as of February, 2008)

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Net weekly income

10 (1) For the purposes of this Schedule, net weekly income is to be determined in such manner as is provided for in regulations.

(2) The regulations may, in particular, provide for the Secretary of State to estimate any income or make an assumption as to any fact where, in his view, the information at his disposal is unreliable, insufficient, or relates to an atypical period in the life of the non-resident parent.

(3) Any amount of net weekly income (calculated as above) over £2,000 is to be ignored for the purposes of this Schedule.

Regulations about rates, figures, etc.

10A (1) The Secretary of State may by regulations provide that--

(a) paragraph 2 is to have effect as if different percentages were substituted for those set out there;

(b) paragraph 3(1) or (3), 4(1), 5, 7(7) or 10(3) is to have effect as if different amounts were substituted for those set out there.

(2) The Secretary of State may by regulations provide that--

(a) the Table in paragraph 7(4) is to have effect as if different numbers of nights were set out in the first column and different fractions were substituted for those set out in the second column;

(b) paragraph 7(6) is to have effect as if a different amount were substituted for that mentioned there, or as if the amount were an aggregate amount and not an amount for each qualifying child, or both.

Regulations about income

10B The Secretary of State may by regulations provide that, in such circumstances and to such extent as may be prescribed--

(a) where the Secretary of State is satisfied that a person has intentionally deprived himself of a source of income with a view to reducing the amount of his net weekly income, his net weekly income shall be taken to include income from that source of an amount estimated by the Secretary of State;

(b) a person is to be treated as possessing income which he does not possess;

References to various terms

10C (1) References in this Part of this Schedule to "qualifying children" are to those qualifying children with respect to whom the maintenance calculation falls to be made.

(2) References in this Part of this Schedule to "relevant other children" are to--

(a) children other than qualifying children in respect of whom the non-resident parent or his partner receives child benefit under Part IX of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992; and

(b) such other description of children as may be prescribed.

(3) In this Part of this Schedule, a person "receives" a benefit, pension, or allowance for any week if it is paid or due to be paid to him in respect of that week.

(4) In this Part of this Schedule, a person's "partner" is--

(a) if they are a couple, the other member of that couple;

(b) if the person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy, another party to the marriage who is of the opposite sex and is a member of the same household.

(5) In sub-paragraph (4)(a), "couple" means a man and a woman who are--

(a) married to each other and are members of the same household; or

(b) not married to each other but are living together as husband and wife. " .

Section 6.

SCHEDULE 2 Substituted Schedules 4A and 4B to the 1991 Act

Part I Substituted Schedule 4A

" SCHEDULE 4A Applications for a variation

Interpretation

1 In this Schedule, "regulations" means regulations made by the Secretary of State.

Applications for a variation

2 Regulations may make provision--

(a) as to the procedure to be followed in considering an application for a variation;

(b) as to the procedure to be followed when an application for a variation is referred to an appeal tribunal under section 28D(1)(b).

Completion of preliminary consideration

3 Regulations may provide for determining when the preliminary consideration of an application for a variation is to be taken to have been completed.

Information

4 If any information which is required (by regulations under this Act) to be furnished to the Secretary of State in connection with an application for a variation has not been furnished within such period as may be prescribed, the Secretary of State may nevertheless proceed to consider the application.

Joint consideration of applications for a variation and appeals

5 (1) Regulations may provide for two or more applications for a variation with respect to the same application for a maintenance calculation to be considered together.

(2) In sub-paragraph (1), the reference to an application for a maintenance calculation includes an application treated as having been made under section 6.

(3) An appeal tribunal considering an application for a variation under section 28D(1)(b) may consider it at the same time as an appeal under section 20 in connection with an interim maintenance decision, if it considers that to be appropriate. "

Part II Substituted Schedule 4B

" SCHEDULE 4B Applications for a variation: The Cases and Controls

Part I The Cases

General

1 (1) The cases in which a variation may be agreed are those set out in this Part of this Schedule or in regulations made under this Part.

(2) In this Schedule "applicant" means the person whose application for a variation is being considered.

Special expenses

2 (1) A variation applied for by a non-resident parent may be agreed with respect to his special expenses.

(2) In this paragraph "special expenses" means the whole, or any amount above a prescribed amount, or any prescribed part, of expenses which fall within a prescribed description of expenses.

(3) In prescribing descriptions of expenses for the purposes of this paragraph, the Secretary of State may, in particular, make provision with respect to--

(a) costs incurred by a non-resident parent in maintaining contact with the child, or with any of the children, with respect to whom the application for a maintenance calculation has been made (or treated as made);

(b) costs attributable to a long-term illness or disability of a relevant other child (within the meaning of paragraph 10C(2) of Schedule 1);

(c) debts of a prescribed description incurred, before the non-resident parent became a non-resident parent in relation to a child with respect to whom the maintenance calculation has been applied for (or treated as having been applied for)--

(i) for the joint benefit of both parents;

(ii) for the benefit of any such child; or

(iii) for the benefit of any other child falling within a prescribed category;

(d) boarding school fees for a child in relation to whom the application for a maintenance calculation has been made (or treated as made);

(e) the cost to the non-resident parent of making payments in relation to a mortgage on the home he and the person with care shared, if he no longer has an interest in it, and she and a child in relation to whom the application for a maintenance calculation has been made (or treated as made) still live there.

(4) For the purposes of sub-paragraph (3)(b)--

(a) "disability" and "illness" have such meaning as may be prescribed; and

(b) the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.

(5) For the purposes of sub-paragraph (3)(d), the Secretary of State may prescribe--

(a) the meaning of "boarding school fees"; and

(b) components of such fees (whether or not itemised as such) which are, or are not, to be taken into account,

and may provide for estimating any such component.

Property or capital transfers

3 (1) A variation may be agreed in the circumstances set out in sub-paragraph (2) if before 5th April 1993--

(a) a court order of a prescribed kind was in force with respect to the non-resident parent and either the person with care with respect to the application for the maintenance calculation or the child, or any of the children, with respect to whom that application was made; or

(b) an agreement of a prescribed kind between the non-resident parent and any of those persons was in force.

(2) The circumstances are that in consequence of one or more transfers of property of a prescribed kind and exceeding (singly or in aggregate) a prescribed minimum value--

(a) the amount payable by the non-resident parent by way of maintenance was less than would have been the case had that transfer or those transfers not been made; or

(b) no amount was payable by the non-resident parent by way of maintenance.

(3) For the purposes of sub-paragraph (2), "maintenance" means periodical payments of maintenance made (otherwise than under this Act) with respect to the child, or any of the children, with respect to whom the application for a maintenance calculation has been made.

Additional cases

4 (1) The Secretary of State may by regulations prescribe other cases in which a variation may be agreed.

(2) Regulations under this paragraph may, for example, make provision with respect to cases where--

(a) the non-resident parent has assets which exceed a prescribed value;

(b) a person's lifestyle is inconsistent with his income for the purposes of a calculation made under Part I of Schedule 1;

(d) a person has unreasonably reduced the income which is taken into account in such a calculation.

Part II Regulatory Controls

5 (1) The Secretary of State may by regulations make provision with respect to the variations from the usual rules for calculating maintenance which may be allowed when a variation is agreed.

(2) No variations may be made other than those which are permitted by the regulations.

(3) Regulations under this paragraph may, in particular, make provision for a variation to result in--

(a) a person's being treated as having more, or less, income than would be taken into account without the variation in a calculation under Part I of Schedule 1;

(b) a person's being treated as liable to pay a higher, or a lower, amount of child support maintenance than would result without the variation from a calculation under that Part.

(4) Regulations may provide for the amount of any special expenses to be taken into account in a case falling within paragraph 2, for the purposes of a variation, not to exceed such amount as may be prescribed or as may be determined in accordance with the regulations.

(5) Any regulations under this paragraph may in particular make different provision with respect to different levels of income.

6 The Secretary of State may by regulations provide for the application, in connection with child support maintenance payable following a variation, of paragraph 7(2) to (7) of Schedule 1 (subject to any prescribed modifications). "

Section 26.

SCHEDULE 3 Amendment of enactments relating to child support

The Army Act 1955 (3 & 4 Eliz. 2 c.18)

1 (1) Section 150A of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

(2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for "maintenance assessment" there shall be substituted "maintenance calculation".

(3) In subsection (3) (twice), for "the assessment" there shall be substituted "the calculation".

The Air Force Act 1955 (3 & 4 Eliz. 2 c.19)

2 (1) Section 150A of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

(2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for "maintenance assessment" there shall be substituted "maintenance calculation".

(3) In subsection (3) (twice), for "the assessment" there shall be substituted "the calculation".

The Matrimonial Causes Act 1973 (c. 18)

3 (1) The Matrimonial Causes Act 1973 shall be amended as follows.

(2) In section 29 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)--

(a) in subsections (5)(a), (7) (three times) and (8)(a), for "maintenance assessment" there shall be substituted "maintenance calculation";

(b) in subsections (5)(a) and (b)(ii) and (6)(b), for "current assessment" there shall be substituted "current calculation";

(d) in subsection (6)(b), for "those assessments" there shall be substituted "those calculations".

(3) In section 31 (variation, discharge, etc, of certain orders for financial relief)--

(a) in subsections (11)(c) and (12)(a) and (c), for "maintenance assessment" there shall be substituted "maintenance calculation"; and

(b) in subsection (11) (twice), for "the assessment" there shall be substituted "the calculation".

(4) In section 52 (interpretation), in subsection (1), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Domestic Proceedings and Magistrates Courts Act 1978 (c. 22)

4 (1) The Domestic Proceedings and Magistrates Courts Act 1978 shall be amended as follows.

(2) In section 5 (age limit on making orders for financial provision for children and duration of such orders)--

(a) in subsections (5)(a), (7) (three times) and (8)(a), for "maintenance assessment" there shall be substituted "maintenance calculation";

(b) in subsections (5)(a) and (b)(ii) and (6)(b), for "current assessment" there shall be substituted "current calculation"; and

(3) In section 20 (variation, revival and revocation of orders for periodical payments)--

(a) in subsections (9A)(c) and (9B)(a) and (c), for "maintenance assessment" there shall be substituted "maintenance calculation"; and

(b) in subsection (9A) (three times), for "the assessment" there shall be substituted "the calculation".

(4) In section 88 (interpretation), in subsection (1), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Family Law (Scotland) Act 1985 (c. 37)

5 (1) The Family Law (Scotland) Act 1985 shall be amended as follows.

(2) In section 5 (variation and recall of decrees of aliment), in subsection (1A), for "maintenance assessment" there shall be substituted "maintenance calculation".

(3) In section 7 (agreements about aliment), in subsection (2A), for "maintenance assessment" there shall be substituted "maintenance calculation".

(4) In section 13 (orders for periodical allowance), in subsection (4A), for "maintenance assessment" there shall be substituted "maintenance calculation".

(5) In section 16 (agreements about financial provision), in subsection (3)(d), for "maintenance assessment" there shall be substituted "maintenance calculation".

(6) In section 27 (interpretation), in subsection (1), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Insolvency Act 1986 (c. 45)

6 In section 281 of the Insolvency Act 1986 (effect of discharge on a bankrupt), in subsection (5)(b), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Debtors (Scotland) Act 1987 (c. 18)

7 (1) The Debtors (Scotland) Act 1987 shall be amended as follows.

(2) In section 72 (effect of sequestration on diligence against earnings), in subsection (4A), for "maintenance assessment" there shall be substituted "maintenance calculation".

(3) In section 106 (interpretation), in the definition of "maintenance order", in paragraph (j), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Income and Corporation Taxes Act 1988 (c. 1)

8 (1) The Income and Corporation Taxes Act 1988 shall be amended as follows.

(2) In section 347B (qualifying maintenance payments)--

(a) in subsections (8) and (9)(a) and (c), for "maintenance assessment" there shall be substituted "maintenance calculation";

(b) in subsection (9)(b) and (c), for "the assessment" there shall be substituted "the calculation"; and

" (11) In this section "maintenance calculation" means a maintenance calculation made under the Child Support Act 1991 or a maintenance assessment made under the Child Support (Northern Ireland) Order 1991. "

(3) In section 617 (social security benefits and contributions), in subsection (2)(ae), for "section 24 of the Child Support Act 1995 or under any corresponding enactment" there shall be substituted "any enactment corresponding to section 24 of the Child Support Act 1995".

The Finance Act 1988 (c. 39)

9 In the Finance Act 1988, in each of subsection (5A) of section 36 (annual payments) and subsection (8A) of section 38 (maintenance payments under existing obligations: 1989-90 onwards), for "maintenance assessment made" there shall be substituted "maintenance calculation or maintenance assessment made respectively".

The Children Act 1989 (c. 41)

10 (1) Schedule 1 to the Children Act 1989 (financial provision for children) shall be amended as follows.

(2) In paragraph 3--

(a) in sub-paragraph (5)(a), (7) (three times) and (8)(a), for "maintenance assessment" there shall be substituted "maintenance calculation";

(b) in sub-paragraph (5)(a) and (b)(ii) and (6)(b), for "current assessment" there shall be substituted "current calculation";

(d) in sub-paragraph (6)(b), for "those assessments" there shall be substituted "those calculations".

(3) In paragraph 6--

(a) in sub-paragraph (9) (three times), for "the assessment" there shall be substituted "the calculation"; and

(b) in sub-paragraph (9)(c), for "maintenance assessment" there shall be substituted "maintenance calculation".

(4) In paragraph 16(3), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Child Support Act 1991 (c. 48)

11 (1) The 1991 Act shall be amended as follows.

(2) For "absent parent" (or any variant of that expression), wherever it occurs, there shall be substituted "non-resident parent" (or the corresponding variant) preceded, where appropriate, by "a" instead of "an".

(3) In section 4 (child support maintenance)--

(a) in subsection (4)(a), after "be" there shall be inserted "identified or"; and

(b) in subsection (9), after "an application" there shall be inserted "treated as made".

(4) In section 7 (right of a child in Scotland to apply for assessment)--

(a) in subsection (1), for paragraph (b) there shall be substituted--

" (b) no parent has been treated under section 6(3) as having applied for a maintenance calculation with respect to the child. " ; and

(b) in subsection (10)--

(i) after "qualifying child if" there shall be inserted "(a)";

(ii) after "maintenance order" there shall be inserted "made before a prescribed date"; and

(iii) at the end there shall be inserted " or

(b) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made. " .

(5) In section 8 (role of the courts with respect to maintenance for children)--

(a) in subsection (1), after "duly made" there shall be inserted "(or treated as made)";

(b) in subsection (3), at the beginning insert "Except as provided in subsection (3A),";

" (3A) Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned--

(a) if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or

(b) where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child. " ; and

(d) in subsection (6), for paragraph (b) there shall be substituted--

" (b) the non-resident parent's net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and " .

(6) In section 9 (agreements about maintenance), in subsection (6), for paragraphs (a) and (b) there shall be substituted--

" (a) no parent has been treated under section 6(3) as having applied for a maintenance calculation with respect to the child; or

(b) a parent has been so treated but no maintenance calculation has been made, " .

(7) In section 14 (information required by Secretary of State), in subsection (1), after "any application" there shall be inserted "made or treated as made".

(8) In section 26 (disputes about parentage), in subsection (1), after "made" there shall be inserted "or treated as made".

(9) In section 27A (recovery of fees for scientific tests)--

(a) in subsection (1)(a), after "made" there shall be inserted "or treated as made"; and

(b) in subsection (1)(b), after "made" there shall be inserted "or, as the case may be, treated as made".

(10) In section 28 (power of the Secretary of State to bring or defend actions of declarator), in subsection (1)(a)--

(a) after "made", where it first occurs, there shall be inserted "or treated as made"; and

(b) for "or assessment was made" there shall be substituted "was made or treated as made or the calculation was made".

(11) In section 28ZA (decisions involving issues that arise on appeal in other cases), in subsection (1)--

(a) in paragraph (a), for the words "in relation to a maintenance assessment" there shall be substituted "or with respect to a reduced benefit decision under section 46"; and

(b) for paragraph (b) there shall be substituted--

" (b) an appeal is pending against a decision given in relation to a different matter by a Child Support Commissioner or a court. "

(12) In section 28ZB (appeals involving issues that arise on appeal in other cases)--

(a) in subsection (1), for paragraph (a) there shall be substituted--

" (a) an appeal ("appeal A") in relation to a decision or the imposition of a requirement falling within section 20(1) is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner; " ; and

(b) in subsection (4), for the words "or assessment" there shall be substituted "or the imposition of the requirement".

(13) In section 28ZC (restrictions on liability in certain cases of error)--

(a) in subsection (1)(b)(i), at the end there shall be inserted "or one treated as having been so made, or under section 46 as to the reduction of benefit";

(b) in subsection (1)(b)(ii), for the words from "a decision" to the end there shall be substituted "any decision (made after the commencement date) referred to in section 16(1A)";

(c) in subsection (1)(b)(iii), for the words from "a decision" to the end there shall be substituted "any decision (made after the commencement date) referred to in section 17(1)";

(d) in subsection (3), after "liability" there shall be inserted "or the reduction of a person's benefit"; and

(e) in subsection (6), in the definition of "adjudicating authority", at the end there shall be inserted "or, in the case of a decision made on a referral under section 28D(1)(b), an appeal tribunal".

(14) Sections 28H (departure directions: decisions and appeals) and 28I (transitional provisions relating to departure directions) shall cease to have effect.

(15) In section 30 (collection and enforcement of certain forms of maintenance), for subsection (2) there shall be substituted--

" (2) The Secretary of State may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though he is not arranging for the collection of child support maintenance with respect to that child. " .

(16) In section 32 (regulations about deduction from earnings orders), in subsection (2), after paragraph (b) there shall be inserted--

" (bb) for the amount or amounts which are to be deducted from the liable person's earnings not to exceed a prescribed proportion of his earnings (as determined by the employer); " .

(17) In section 33 (liability orders), after subsection (5) there shall be inserted--

" (6) Where regulations have been made under section 29(3)(a)--

(a) the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and

(b) a payment is not paid (for the purposes of subsection (3)),

unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question. "

(18) In section 47 (fees), after subsection (3) there shall be inserted--

" (4) The provisions of this Act with respect to--

(a) the collection of child support maintenance;

(b) the enforcement of any obligation to pay child support maintenance,

shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section. "

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