Child Support Act 1991
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.
15AInspectors: warrants authorising entry
Reviews and appeals
16Revision of decisions
17Decisions 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.
24Appeals 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
28ZADecisions involving issues that arise on appeal in other cases
28ZBAppeals involving issues that arise on appeal in other cases
Cases of error
28ZCRestrictions on liability in certain cases of error
28ZDCorrection 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.
28HDeparture 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.
32AOrders for regular deductions from accounts
32BOrders under section 32A: joint accounts
32CRegulations about orders under section 32A
32DOrders under section 32A: offences
32ELump sum deductions: interim orders
32FLump sum deductions: final orders
32GOrders under sections 32E and 32F: freezing of accounts etc.
32HOrders under section 32F: deductions and payments
32IPower to disapply sections 32G(1) and (2) and 32H(2)(b) and (4)(b)
32JRegulations about orders under section 32E or 32F
32KLump sum deduction orders: offences
32LOrders 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.
39BDisqualification for holding or obtaining United Kingdom passport
39CPeriod for which orders under section 39B are to have effect
39DPower to order search
39EVariation and revocation of orders following payment
39FPower to make supplementary provision
39GApplication 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.
41CPower to treat liability as satisfied
41DPower to accept part payment of arrears in full and final satisfaction
41EPower to write off arrears
Special cases
42 Special cases.
43 Recovery of child support maintenance by deduction from benefit.
43ARecovery 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.
46AFinality of decisions
46BMatters arising as respects decisions
47 Fees.
48 Right of audience.
49 Right of audience: Scotland.
49DDisclosure of information to credit reference agencies
50 Unauthorised disclosure of information.
50AUse of computers
51 Supplementary powers to make regulations.
51APilot 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
1(1) Subject to paragraph 5A, the weekly rate of child...
Basic rate
2(1) Subject to sub-paragraph (2), the basic rate is the...
Reduced rate
3(1) A reduced rate is payable if—
Flat rate
4(1) Except in a case falling within sub-paragraph (2), a...
Nil rate
5The rate payable is nil if the non-resident parent—
Non-resident parent party to other maintenance arrangement
5A(1) This paragraph applies where— (a) the non-resident parent is...
Apportionment
6(1) If the non-resident parent has more than one qualifying...
Shared care—basic and reduced rate
7(1) This paragraph applies where the rate of child support...
Shared care—flat rate
8(1) This paragraph applies only if— (a) the rate of...
Regulations about shared care
9(1) The Secretary of State may by regulations provide—
Gross weekly income
10(1) For the purposes of this Schedule, gross weekly income...
Regulations about rates, figures, etc.
10A(1) The Secretary of State may by regulations provide that—...
Regulations about income
10BThe Secretary of State may by regulations provide that, in...
References to various terms
10C(1) References in this Part of this Schedule to “qualifying...
Part II General Provisions About Maintenance Calculations
Effective date of calculation
11(1) A maintenance calculation shall take effect on such date...
Form of calculation
12Every maintenance calculation shall be made in such form and...
Assessments where amount of child support is nil
13. . . . . . . . . ....
Consolidated applications and calculations
14The Secretary of State may by regulations provide—
Separate calculations for different periods
15Where the Secretary of State is satisfied that the circumstances...
Termination of calculations
16(1) A maintenance calculation shall cease to have effect—
SCHEDULE 2 Provision of Information to Secretary of State
Inland Revenue records
1(1) This paragraph applies where the Secretary of State or...
1A(1) This paragraph applies to any information which—
Local authority records
2(1) This paragraph applies where— (a) the Secretary of State...
3In this Schedule “Revenue and Customs official” has the same...
SCHEDULE 3 Child Support Appeal Tribunals
The President
1(1) The person appointed . . . as President of...
Membership of child support appeal tribunals
2(1) A child support appeal tribunal shall consist of a...
The chairmen
3(1) The chairman of a child support appeal tribunal shall...
4(1) The Lord Chancellor may appoint regional and other full-time...
Other members of child support appeal tribunals
5(1) The members of a child support appeal tribunal other...
Clerks of tribunals
6(1) Each child support appeal tribunal shall be serviced by...
Expenses of tribunal members and others
7(1) The Secretary of State may pay—
Consultation with Lord Advocate
8Before exercising any of his powers under paragraph 3(3) or...
SCHEDULE 4 Child Support Commissioners for Northern Ireland
Tenure of office
1(1) Every Child Support Commissioner for Northern Ireland shall vacate...
Commissioners’ remuneration and their pensions
2(1) The Department of Justice shall pay, or make such...
Expenses of other persons
2A(1) The Lord Chancellor or, in Scotland, the Secretary of...
Commissioners barred from legal practice
3A Child Support Commissioner for Northern Ireland, so long as...
Deputy Child Support Commissioners
4(1) The Northern Ireland Judicial Appointments Commission may appoint persons...
Determination of questions by other officers
4A(1) The Lord Chancellor may by regulations provide—
Tribunals of Commissioners
5(1) If it appears to the Chief Child Support Commissioner...
Finality of decisions
6(1) Subject to section 25, the decision of any Child...
Consultation with Lord Advocate
7Before exercising any of his powers under paragraph 1(3) ,...
Northern Ireland
8In its application to Northern Ireland this Schedule shall have...
SCHEDULE 4AApplications for a variation
Interpretation
1In this Schedule, “regulations” means regulations made by the Secretary...
Applications for a variation
2Regulations may make provision— (a) as to the procedure to...
Completion of preliminary consideration
3Regulations may provide for determining when the preliminary consideration of...
Information
4If any information which is required (by regulations under this...
Joint consideration of applications for a variation and appeals
5(1) Regulations may provide for two or more applications for...
SCHEDULE 4BApplications for a variation: The Cases and Controls
Part IThe Cases
General
1(1) The cases in which a variation may be agreed...
Special expenses
2(1) A variation applied for by a non-resident parent may...
Property or capital transfers
3(1) A variation may be agreed in the circumstances set...
Additional cases
4(1) The Secretary of State may by regulations prescribe other...
Part IIRegulatory Controls
5(1) The Secretary of State may by regulations make provision...
6The Secretary of State may by regulations provide for the...
SCHEDULE 4CDecisions and Appeals: Departure Directions and Reduced Benefit Directions etc.
Revision of decisions
1Section 16 shall apply in relation to—
Decisions superseding earlier decisions
2(1) Section 17 shall apply in relation to—
Appeals to appeal tribunals
3(1) Subject to sub-paragraphs (2) and (3), section 20 shall...
Decisions and appeals dependent on other cases
4(1) Section 28ZA shall also apply where—
5(1) Section 28ZB shall also apply where—
Cases of error
6(1) Subject to sub-paragraph (2) below, section 28ZC shall also...
SCHEDULE 5 Consequential Amendments
The Tribunals and Inquiries Act 1971 (c.62)
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Constitution Act 1973 (c. 36)
2In paragraph 9 of Schedule 2 to the Northern Ireland...
The House of Commons Disqualification Act 1975 (c.24)
3(1) The House of Commons Disqualification Act 1975 shall be...
The Northern Ireland Assembly Disqualification Act 1975 (c.25)
4(1) In Part I of Schedule 1 to the Northern...
The Family Law (Scotland) Act 1985 (c.37)
5In section 4 (amount of aliment) of the Family Law...
Bankruptcy (Scotland) Act 1985 (c.66)
6(1) The Bankruptcy (Scotland) Act 1985 shall be amended as...
The Insolvency Act 1986 (c.45)
7In section 281(5)(b) of the Insolvency Act 1986 (effect of...
The Debtors (Scotland) Act 1987 (c.18)
8(1) The Debtors (Scotland) Act 1987 shall be amended as...

Child Support Act 1991

1991 c. 48

An Act to make provision for the F1calculation, collection and enforcement of periodical maintenance payable by certain parents with respect to children of theirs who are not in their care; for the collection and enforcement of certain other kinds of maintenance; and for connected purposes.

C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2C3C4C5C7C6C8C9C10C11C12

Annotations:
Extent Information
E1

Act: for extent see s. 58(8)-(11)

Amendments (Textual)
F1

Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

Modifications etc. (not altering text)
C2

Act applied (4.9.1995) by Child Support Act 1995 (c. 34), s. 27; S.I. 1995/2302, art. 2, Sch. Pt. 1

C3

Act: definition of "maintenance assessment" extended (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), reg. 125

C5

Act: power to amend conferred (2.12.1999) by Northern Ireland Act 1998 (c. 47), s. 87(4)-(6) (with s. 95, Sch. 14); S.I. 1999/3209, art. 2, Sch.

C8

Act power to apply (with modifications) conferred (24.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 6(4), 62(3); S.I. 2008/2033, art. 2(1)

C12

Act applied in part (13.3.2014 for specified purposes, 30.6.2014 in so far as not already in force) by The Child Support Fees Regulations 2014 (S.I. 2014/612), reg. 13; S.I. 2014/1635, art. 4