Introductory Text
Part 1 The Child Maintenance and Enforcement Commission
1.The Child Maintenance and Enforcement Commission
2.Objectives of the Commission
3.Functions of the Commission: general
4.Promotion of child maintenance
5.Provision of information and guidance
6.Fees
7.Agency arrangements and provision of services
8.Contracting out
9.Annual report to Secretary of State
10.Directions and guidance
11.Review of the status of the Commission
12.Supplementary provisions
Part 2 Transfer of child support functions etc. to the Commission
13.Transfer of child support functions
14.Transfer of property, rights and liabilities
Part 3 Child support etc.
Removal of compulsion for benefit claimants
15.Repeal of sections 6 and 46
Maintenance calculations
16.Changes to the calculation of maintenance
17.Power to regulate supersession
18.Determination of applications for a variation
19.Transfer of cases to new rules
Collection and enforcement
20.Use of deduction from earnings orders as basic method of payment
21.Deduction from earnings orders: the liable person's earnings
22.Orders for regular deductions from accounts
23.Lump sum deduction orders
24.Orders preventing avoidance
25.Administrative liability orders
26.Enforcement in county courts
27.Disqualification for holding or obtaining travel authorisation
28.Curfew orders
29.Commitment to prison
30.Disqualification for driving
Debt management powers
31.Power to treat liability as satisfied
32.Power to accept part payment of arrears in full and final satisfaction
33.Power to write off arrears
34.Transfer of arrears
Miscellaneous
35.Registered maintenance agreements: Scotland
36.Offence of failing to notify change of address
37.Additional special case
38.Recovery of arrears from deceased's estate
39.Disclosure of information relating to family proceedings
40.Disclosure of information to credit reference agencies
41.Pilot schemes
42.Meaning of “child”
43.Extinction of liability in respect of interest and fees
44.Use of information
45.Liable relative provisions: exclusion of parental duty to maintain
Part 4 Lump sum payments: mesothelioma etc.
Mesothelioma lump sum payments
46.Lump sum payments
47.Conditions of entitlement
48.Determination of claims
49.Reconsideration
50.Appeal to First-tier Tribunal
51.Appeal to Social Security Commissioner
52.Minors and people who lack capacity
53.Regulations: Part 4
Recovery of mesothelioma and other lump sum payments
54.Amendment of Social Security (Recovery of Benefits) Act 1997
Part 5 General
55.Regulations and orders: general
56.General interpretation
57.Minor and consequential amendments
58.Repeals
59.Transition
60.Financial provisions
61.Extent
62.Commencement
63.Citation
SCHEDULES
SCHEDULE 1
Constitution of the Commission
1.The Commission shall consist of the following members—
Appointment of a person to chair the Commission
2.Appointments for the purposes of paragraph 1(a) are to be...
Appointment of directors
3.(1) Appointments for the purposes of paragraph 1(c) are to...
Terms of appointment and tenure of members
4.(1) The terms and conditions of a person's appointment to...
5.(1) Subject to sub-paragraphs (2) and (3), a person appointed...
Remuneration etc. of non-executive members
6.(1) The Commission may pay, or make provision for paying,...
7.(1) The Commission may pay, or make provision for paying,...
Appointment of deputy chair
8.The person appointed to chair the Commission must appoint one...
Staff
9.(1) The Commission is to have a chief executive.
10.(1) The Commission may appoint such other staff as it...
Committees
11.(1) The Commission may establish committees for any purpose.
12.Appointment as a member of a committee or sub-committee of...
Procedure
13.The Commission may determine— (a) its own procedure (including quorum),...
Delegation
14.(1) The Commission may authorise— (a) any member of the...
15.(1) The person appointed to chair the Commission may authorise—...
Instruments
16.(1) The fixing of the common seal of the Commission...
Finance
17.(1) The Secretary of State may out of money provided...
Accounts and audit
18.(1) The Commission must— (a) keep proper accounts and proper...
19.The Commission must keep under review the question whether its...
Non-executive functions committee
20.(1) The Commission must establish a committee to discharge the...
Supplementary powers
21.The Commission may do anything (except borrow money) which is...
Status of the Commission
22.(1) The functions of the Commission, and of its members,...
Validity
23.The validity of any proceedings of the Commission (including proceedings...
Public records
24.In Schedule 1 to the Public Records Act 1958 (c....
Investigation by Parliamentary Commissioner
25.In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....
Civil service pensions
26.(1) The Commission must pay to the Minister for the...
House of Commons disqualification
27.In Part 2 of Schedule 1 to the House of...
Northern Ireland Assembly disqualification
28.In Part 2 of Schedule 1 to the Northern Ireland...
Freedom of information
29.In Part 6 of Schedule 1 to the Freedom of...
Interpretation
30.In this Schedule— (a) references to executive members of the...
31.In this Schedule, references to the staff of the Commission...
32.In this Schedule, references to the committees of the Commission...
SCHEDULE 2
. . . . . . . . . ....
SCHEDULE 3
Transfer of child support functions
Part 1 Consequential amendments
Child Support Act 1991 (c. 48)
1.The Child Support Act 1991 (c. 48) is amended as...
2.In section 2 (welfare of children: the general principle)—
3.(1) Section 4 (child support maintenance) is amended as follows....
4.(1) Section 6 (applications by those claiming or receiving benefit)...
5.(1) Section 7 (right of child in Scotland to apply...
6.In section 8 (role of the courts with respect to...
7.(1) Section 10 (relationship between maintenance calculations and certain court...
8.(1) Section 11 (maintenance calculations) is amended as follows.
9.(1) Section 12 (default and interim maintenance decisions) is amended...
10.(1) Section 14 (information required by Secretary of State) is...
11.(1) Section 15 (powers of inspectors) is amended as follows....
12.In section 16 (revision of decisions)— (a) for “Secretary of...
13.In section 17 (decisions superseding earlier decisions)—
14.(1) Section 20 (appeals to appeal tribunals) is amended as...
15.In section 23A (redetermination of appeals), in subsection (4), before...
16.(1) Section 24 (appeal to Child Support Commissioner) is amended...
17.In section 25 (appeal from Child Support Commissioner on question...
18.In section 26 (disputes about parentage), for “Secretary of State”...
19.In section 27 (applications for declaration of parentage) for “Secretary...
20.In section 27A (recovery of fees for scientific tests)—
21.In section 28 (power to initiate or defend actions of...
22.In section 28ZA (decisions involving issues that arise on appeal...
23.In section 28ZB (appeals involving issues that arise on appeal...
24.In section 28ZC (restrictions on liability in certain cases of...
25.In section 28A (application for variation of usual rules for...
26.(1) Section 28B (preliminary consideration of applications) is amended as...
27.In section 28C (imposition of regular payments condition), in subsections...
28.In section 28D (determination of applications)— (a) for “Secretary of...
29.In section 28E (matters to be taken into account)—
30.In section 28F (agreement to variation)— (a) for “Secretary of...
31.In section 28J (voluntary payments), in subsections (1), (2) and...
32.(1) Section 29 (collection of child support maintenance) is amended...
33.(1) Section 30 (collection and enforcement of other forms of...
34.In section 31 (deduction from earnings orders)—
35.In section 32 (regulations about deduction from earnings orders), in...
36.In section 33 (liability orders), for “Secretary of State” (in...
37.In section 34 (regulations about liability orders), in subsections (1)(a)...
38.(1) Section 35 (enforcement of liability orders by distress) is...
39.In section 37 (regulations about liability orders), in subsection (2),...
40.In section 38 (enforcement of liability orders by diligence), subsection...
41.In section 39A (commitment to prison and disqualification from driving)—...
42.(1) Section 40B (disqualification from driving) is amended as follows....
43.(1) Section 41 (arrears of child support maintenance) is amended...
44.(1) Section 41A (penalty payments) is amended as follows.
45.(1) Section 41B (repayment of overpaid child support maintenance) is...
46.In section 44 (jurisdiction), in subsection (1), for “Secretary of...
47.In section 46 (reduced benefit decisions), in subsection (3)(a), for...
48.In section 46A (finality of decisions), in subsection (1), after...
49.In section 46B (matters arising as respects decisions), in subsection...
50.In section 48 (right of audience), in subsection (1), for...
51.After section 50 insert— Use of computers Any decision falling to be made under or by virtue...
52.(1) Schedule 1 (maintenance calculations) is amended as follows.
53.In paragraph 4 of Schedule 4A, for “Secretary of State”...
Social Security Act 1998 (c. 14)
54.In paragraph 10 of Schedule 1 to the Social Security...
Part 2 Transitional provision and savings
55.(1) Anything which— (a) relates to any function transferred to...
SCHEDULE 4
Changes to the calculation of maintenance
Introductory
1.Part 1 of Schedule 1 to the Child Support Act...
Calculation by reference to gross weekly income
2.In Part 1 (under which the weekly amount of child...
Change to basic rate
3.For paragraph 2 (basic rate) substitute— (1) Subject to sub-paragraph (2), the basic rate is the...
Increase in flat rate and minimum amounts of liability
4.In the following provisions, for “£5” substitute “ £7 ”...
Applicable rate where non-resident parent party to other maintenance arrangement
5.(1) In paragraph 1(1) (under which the weekly rate of...
Shared care
6.In paragraph 7(2) (circumstances in which decrease for shared care...
7.In paragraph 8(2) (circumstances in which decrease for shared care...
8.(1) In paragraph 9 (regulations about shared care), the existing...
Weekly income
9.In paragraph 10 (which confers power to make regulations about...
10.In paragraph 10(3) (under which weekly income over £2,000 is...
SCHEDULE 5
Maintenance calculations: transfer of cases to new rules
Power to require a decision about whether to stay in the statutory scheme
1.(1) The Secretary of State may require the interested parties...
2.(1) The Secretary of State may by regulations make provision...
3.(1) The Secretary of State shall by regulations make such...
4.If, in a particular case, any of the interested parties...
Effect on accrual of liability of exercise of power under paragraph 1
5.(1) Where the power under paragraph 1(1) is exercised in...
Additional powers
6.(1) The Secretary of State may by regulations make such...
Interpretation
7.In this Schedule— “interested parties” has such meaning as may...
SCHEDULE 6
Powers in relation to use of information
1.Information which is held for the purposes of any functions...
2.(1) This paragraph applies to information which is held for...
3.(1) This paragraph applies to information which is held for...
4.(1) This paragraph applies to information which is held for...
5.(1) This paragraph applies to information which is held for...
Interpretation
6.In this Schedule, “Northern Ireland Department” means the Department for...
SCHEDULE 7
Minor and consequential amendments
Child Support Act 1991 (c. 48)
1.(1) The Child Support Act 1991 is amended as follows....
Social Security Administration Act 1992 (c. 5)
2.(1) The Social Security Administration Act 1992 is amended as...
Social Security Act 1998 (c. 14)
3.(1) The Social Security Act 1998 is amended as follows....
Tax Credits Act 2002 (c. 21)
4.(1) Schedule 5 to the Tax Credits Act 2002 (use...
Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
5.In section 10(5) of the Debt Arrangement and Attachment (Scotland)...
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
6.In section 221 of the Bankruptcy and Diligence etc. (Scotland)...
SCHEDULE 8
Repeals
