Child Support Act 1991

Reviews and appeals U.K.

[F1 16 Revision of decisions E+W+S

(1) Any decision of the Secretary of State under section 11, 12 or 17 may be revised by the Secretary of State—

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose or on his own initiative;

and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.

(2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

(3) Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

(5) Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6) Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.]

Textual Amendments

F1 S. 16 substituted (16.11.1998 for specified purposes, 7.12.1998 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 40, 87(2); S.I. 1998/2780, art. 2 (with art. 3) (as amended (2.4.2001) by 2000 c. 19, Sch. 9 Pt. 1; S.I. 2001/1252, art. 2(1)(d)(iii))

[F2 17 Decisions superseding earlier decisions E+W+S

(1) Subject to subsection (2), the following, namely—

(a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;

(b) any decision of an appeal tribunal under section 20; and

[F3 (c) any reduced benefit decision under section 46;

(d) any decision of an appeal tribunal on a referral under section 28D(1)(b);

(e) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b) or (d)],

may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.

(2) In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

[F4 (4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.

(4A) In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the Secretary of State under section 11 or (if earlier) his first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.]

(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.]

Textual Amendments

F2 S. 17 substituted for ss. 17–19 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 41, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d) (for a transitional provision see S.I. 1999/1510, art. 48(2))

F3 S. 17(1)(c)-(e) substituted for s. 17(1)(c) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 9(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F4 S. 17(4)(4A) substituted for s. 17(4) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 9(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F2 18 Reviews of decisions of child support officers. E+W+S

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Textual Amendments

F2 S. 17 substituted for ss. 17–19 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 41, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d) (for a transitional provision see S.I. 1999/1510, art. 48(2))

F2 19 Reviews at instigation of child support officers. E+W+S

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Textual Amendments

F2 S. 17 substituted for ss. 17–19 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 41, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d) (for a transitional provision see S.I. 1999/1510, art. 48(2))

[F5 20 Appeals to appeal tribunals. E+W+S

(1) A qualifying person has a right of appeal to an appeal tribunal against—

(a) a decision of the Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);

(b) a decision of the Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;

(c) a reduced benefit decision under section 46;

(d) the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

(e) the imposition (by virtue of section 47) of a requirement to pay fees.

(2) In subsection (1), “qualifying person” means—

(a) in relation to paragraphs (a) and (b)—

(i) the person with care, or non-resident parent, with respect to whom the Secretary of State made the decision, or

(ii) in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;

(b) in relation to paragraph (c), the person in respect of whom the benefits are payable;

(c) in relation to paragraph (d), the parent who has been required to make penalty payments; and

(d) in relation to paragraph (e), the person required to pay fees.

(3) A person with a right of appeal under this section shall be given such notice as may be prescribed of—

(a) that right; and

(b) the relevant decision, or the imposition of the requirement.

(4) Regulations may make—

(a) provision as to the manner in which, and the time within which, appeals are to be brought; and

(b) such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate.

(5) The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

(6) No appeal lies by virtue of subsection (1)(c) unless the amount of the person’s benefit is reduced in accordance with the reduced benefit decision; and the time within which such an appeal may be brought runs from the date of notification of the reduction.

(7) In deciding an appeal under this section, an appeal tribunal—

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the Secretary of State made the decision or imposed the requirement.

(8) If an appeal under this section is allowed, the appeal tribunal may—

(a) itself make such decision as it considers appropriate; or

(b) remit the case to the Secretary of State, together with such directions (if any) as it considers appropriate.]

Textual Amendments

F5 S. 20 substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 10, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F6 20A Lapse of appeals. U.K.

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Textual Amendments

F6 S. 20 substituted for ss. 20–21 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 42, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)

F6 21 Child support appeal tribunals. E+W+S

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Textual Amendments

F6 S. 20 substituted for ss. 20–21 (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 42, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)

22 Child Support Commissioners. E+W+S

(1) Her Majesty may from time to time appoint a Chief Child Support Commissioner and such number of other Child Support Commissioners as she may think fit.

(2) The Chief Child Support Commissioner and the other Child Support Commissioners shall be appointed from among persons who—

(a) have a 10 year general qualification; or

(b) are advocates or solicitors in Scotland of 10 years’ standing.

(3) The Lord Chancellor, after consulting the Lord Advocate, may make such regulations with respect to proceedings before Child Support Commissioners as he considers appropriate.

(4) The regulations—

(a) may, in particular, make any provision of a kind mentioned in [F7 Schedule 5 to the Social Security Act 1998]; and

(b) shall provide that any hearing before a Child Support Commissioner shall be in public except in so far as the Commissioner for special reasons directs otherwise.

(5) Schedule 4 shall have effect with respect to Child Support Commissioners.

Textual Amendments

F7 Words in s. 22(4)(a) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 29; S.I. 1999/1510, art. 2(g)(iii)

Modifications etc. (not altering text)

C1 S. 22: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.

C2 S. 22(3) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12

C3 S. 22(3): transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)

Commencement Information

I1 S. 22 wholly in force; s. 22 not in force at Royal Assent see s. 58(2); s. 22(3)(4) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 22(1)(2)(5) in force at 1.9.1992 by S.I. 1992/1938, art. 2; s. 22 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

23 Child Support Commissioners for Northern Ireland. U.K.

(1) Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and such number of other Child Support Commissioners for Northern Ireland as she may think fit.

(2) The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than 10 years’ standing.

(3) Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland, subject to the modifications set out in paragraph 8.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 S. 23(4)(5) repealed (2.12.1999) by Northern Ireland Act 1998 (c. 47), ss. 100(2), 101(3), Sch. 15 (with s. 95, Sch. 14); S.I. 1999/3209, art. 2, Sch.

Modifications etc. (not altering text)

C4 S. 23 applied (18.6.1992) by S.I. 1991/2628, art. 2; S.R. 1992/278, art.2, Sch.

24 Appeal to Child Support Commissioner. E+W+S

(1) Any person who is aggrieved by a decision of [F9 an appeal tribunal, and the Secretary of State], may appeal to a Child Support Commissioner on a question of law.

F10 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where, on an appeal under this section, a Child Support Commissioner holds that the decision appealed against was wrong in law he shall set it aside.

(3) Where a decision is set aside under subsection (2), the Child Support Commissioner may—

(a) if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by [F11 the appeal tribunal];

(b) if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or

[F12 (c) on an appeal by the Secretary of State, refer the case to [F13 an appeal tribunal] with directions for its determination; or

(d) on any other appeal, refer the case to [F14 the Secretary of State] or, if he considers it appropriate, to [F13 an appeal tribunal] with directions for its determination.]

[F15 (4) The reference under subsection (3) to the Secretary of State shall, subject to any direction of the Child Support Commissioner, be to an officer of his, or a person providing him with services, who has taken no part in the decision originally appealed against.]

(5) On a reference under subsection (3) to [F16 an appeal tribunal], the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.

(6) No appeal lies under this section without the leave—

(a) of the person [F17 who constituted, or was the chairman of, the appeal tribunal] when the decision appealed against was given or of [F18 such other person] as may be determined in accordance with regulations made by the Lord Chancellor; or

(b) subject to and in accordance with regulations so made, of a Child Support Commissioner.

(7) The Lord Chancellor may by regulations make provision as to the manner in which, and the time within which, appeals under this section are to be brought and applications for leave under this section are to be made.

(8) Where a question which would otherwise fall to be determined by [F19 the Secretary of State] first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by [F19 the Secretary of State].

(9) Before making any regulations under subsection (6) or (7), the Lord Chancellor shall consult the Lord Advocate.

Textual Amendments

F9 Words in s. 24(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(1); S.I. 1999/1510, art. 2(g)(iii)

F10 S. 24(1A) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(2), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)

F11 Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(a); S.I. 1999/1510, art. 2(g)(iii)

F12 S. 24(3)(c)(d) substituted for s. 24(3)(c) (2.12.1996) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 7(3); S.I. 1996/2630, art. 2, Sch. Pt. 2

F13 Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(b); S.I. 1999/1510, art. 2(g)(iii)

F14 Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(c); S.I. 1999/1510, art. 2(g)(iii)

F15 S. 24(4) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(4); S.I. 1999/1510, art. 2(g)(iii)

F16 Words in s. 24(5) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(5); S.I. 1999/1510, art. 2(g)(iii)

F17 Words in s. 24(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(6)(a); S.I. 1999/1510, art. 2(g)(iii)

F18 Words in s. 24(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(6)(b); S.I. 1999/1510, art. 2(g)(iii)

F19 Words in s. 24(8) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(7); S.I. 1999/1510, art. 2(g)(iii)

Modifications etc. (not altering text)

C5 S. 24: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.

C6 S. 24(9) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12

C7 S. 24(9): transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)

Commencement Information

I2 S. 24 wholly in force; s. 24 not in force at Royal Assent see s. 58(2); s. 24(6)(7) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 24(9) in force at 1.9.1992 by S.I. 1992/1938, art. 2; s. 24 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

25 Appeal from Child Support Commissioner on question of law. E+W+S

(1) An appeal on a question of law shall lie to the appropriate court from any decision of a Child Support Commissioner.

(2) No such appeal may be brought except—

(a) with leave of the Child Support Commissioner who gave the decision or, where regulations made by the Lord Chancellor so provide, of a Child Support Commissioner selected in accordance with the regulations; or

(b) if the Child Support Commissioner refuses leave, with the leave of the appropriate court.

(3) An application for leave to appeal under this section against a decision of a Child Support Commissioner (“the appeal decision”) may only be made by—

(a) a person who was a party to the proceedings in which the original decision, or appeal decision, was given;

(b) the Secretary of State; or

(c) any other person who is authorised to do so by regulations made by the Lord Chancellor.

[F20 (3A) The Child Support Commissioner to whom an application for leave to appeal under this section is made shall specify as the appropriate court either the Court of Appeal or the Court of Session.

(3B) In determining the appropriate court, the Child Support Commissioner shall have regard to the circumstances of the case, and in particular the convenience of the persons who may be parties to the appeal.]

(4) In this section—

• “appropriate court”[F21 , except in subsections (3A) and (3B), means the court specified in accordance with those subsections]; and

• “original decision” means the decision to which the appeal decision in question relates.

(5) The Lord Chancellor may by regulations make provision with respect to—

(a) the manner in which and the time within which applications must be made to a Child Support Commissioner for leave under this section; and

(b) the procedure for dealing with such applications.

(6) Before making any regulations under subsection (2), (3) or (5), the Lord Chancellor shall consult the Lord Advocate.

Textual Amendments

F20 S. 25(3A)(3B) inserted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 8(1); S.I. 1995/2302, art. 2, Sch. Pt. 1

F21 Words in s. 25(4) substituted (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 8(2); S.I. 1995/2302, art. 2, Sch. Pt. 1

Modifications etc. (not altering text)

C8 S. 25: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.

C9 S. 25(6) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12

C10 S. 25(6): transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)

Commencement Information

I3 S. 25 wholly in force; s. 25 not in force at Royal Assent see s. 58(2); s. 25(2)(a)(3)(c)(5)(6) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 25 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

26 Disputes about parentage. E+W+S

(1) Where a person who is alleged to be a parent of the child with respect to whom an application for a maintenance assessment has been made (“the alleged parent”) denies that he is one of the child’s parents, [F22 the Secretary of State] shall not make a maintenance assessment on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).

(2) The Cases are —

• [F23 Case A1

  Where—

  (a)

  the child is habitually resident in England and Wales;

  (b)

  the Secretary of State is satisfied that the alleged parent was married to the child’s mother at some time in the period beginning with the conception and ending with the birth of the child; and

  (c)

  the child has not been adopted.

• Case A2

  Where—

  (a)

  the child is habitually resident in England and Wales;

  (b)

  the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and

  (c)

  the child has not subsequently been adopted.

• Case A3

  Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—

  (a)

  refuses to take such a test; or

  (b)

  has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child.]

• Case A

  Where the alleged parent is a parent of the child in question by virtue of having adopted him.

• Case B

  Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the M1 Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors).

• [F24 Case B1

  Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of that Act (meaning of “mother” and of “father” respectively).]

• Case C

  Where—

  (a)

  either—

  (i)

  a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section 56 of the M2 Family Law Act 1986 [F25 or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] (declarations of parentage); or

  (ii)

  a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and

  (b)

  the child has not subsequently been adopted.

• Case D

  Where—

  (a)

  a declaration to the effect that the alleged parent is one of the parents of the child in question has been made under section 27; and

  (b)

  the child has not subsequently been adopted.

• Case E

  Where—

  (a)

  the child is habitually resident in Scotland;

  (b)

  [F26 the Secretary of State] is satisfied that one or other of the presumptions set out in section 5(1) of the M3 Law Reform (Parent and Child) (Scotland) Act 1986 applies; and

  (c)

  the child has not subsequently been adopted.

• Case F

  Where—

  (a)

  the alleged parent has been found, or adjudged, to be the father of the child in question—

  (i)

  in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the M4 Civil Evidence Act 1968 [F27 or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971]; or

  (ii)

  in affiliation proceedings before any court in the United Kingdom,

  (whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and

  (b)

  the child has not subsequently been adopted.

(3) In this section—

• “adopted” means adopted within the meaning of Part IV of the M5 Adoption Act 1976 or, in relation to Scotland, Part IV of the M6 Adoption (Scotland) Act 1978; and

• “affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.

Textual Amendments

F22 Words in s. 26(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 31(1); S.I. 1999/1510, art. 2(g)(iii)

F23 Words in s. 26(2) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 15(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

F24 Words in s. 26(2) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 15(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

F25 Words in s. 26(2) inserted (4.11.1996) by The Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/756), arts. 1(2), 13(a) (with art. 16); S.R. 1996/297, art. 3

F26 Words in s. 26(2) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 31(2); S.I. 1999/1510, art. 2(g)(iii)

F27 Words in s. 26(2) inserted (4.11.1996) by The Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/756), arts. 1(2), 13(b) (with art. 16); S.R. 1996/297, art. 3

Marginal Citations

M1 1990 c. 37.

M2 1986 c. 55.

M3 1986 c. 9.

M4 1968 c. 64.

M5 1976 c. 36.

M6 1978 c. 28.

27 Reference to court for declaration of parentage. E+W

[F28 (1) Subsection (1A) applies in any case where—

(a) an application for a maintenance assessment has been made, or a maintenance assessment is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or assessment was made; and

(b) [F29 the Secretary of State] is not satisfied that the case falls within one of those set out in section 26(2).

(1A) In any case where this subsection applies, the Secretary of State or the person with care may apply to the court for a declaration as to whether or not the alleged parent is one of the child’s parents.]

(2) If, on hearing any application under subsection [F30 (1A)], the court is satisfied that the alleged parent is, or is not, a parent of the child in question it shall make a declaration to that effect.

[F31 (3) A declaration under this section shall have effect only for the purposes of—

(a) this Act; and

(b) proceedings in which a court is considering whether to make a maintenance order in the circumstances mentioned in subsection (6), (7) or (8) of section 8.]

(4) In this section “court” means, subject to any provision made under Schedule 11 to the M7 Children Act 1989 (jurisdiction of courts with respect to certain proceedings relating to children) the High Court, a county court or a magistrates’ court.

(5) In the definition of “relevant proceedings” in section 12(5) of the Civil Evidence Act 1968 (findings of paternity etc. as evidence in civil proceedings) the following paragraph shall be added at the end—

“(d)

section 27 of the Child Support Act 1991.”

(6) This section does not apply to Scotland.

Textual Amendments

F28 S. 27(1)(1A) substituted for s. 27(1) (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(2), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

F29 Words in s. 27(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 32; S.I. 1999/1510, art. 2(g)(iii)

F30 Word in s. 27(2) substituted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(3), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

F31 S. 27(3) substituted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

Marginal Citations

M7 1989 c. 41.

[F32 27A Recovery of fees for scientific tests. U.K.

(1) This section applies in any case where—

(a) an application for a maintenance assessment has been made or a maintenance assessment is in force;

(b) scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or assessment is made;

(c) the results of the tests do not exclude the alleged parent from being one of the child’s parents; and

(d) one of the conditions set out in subsection (2) is satisfied.

(2) The conditions are that—

(a) the alleged parent does not deny that he is one of the child’s parents;

(b) in proceedings under section 27, a court has made a declaration that the alleged parent is a parent of the child in question; or

(c) in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the Secretary of State by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.

(3) In any case to which this section applies, any fee paid by the Secretary of State in connection with scientific tests may be recovered by him from the alleged parent as a debt due to the Crown.

(4) In this section—

• “bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

• “direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);

• “request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); and

• “scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

(5) Any sum recovered by the Secretary of State under this section shall be paid by him into the Consolidated Fund.]

Textual Amendments

F32 S. 27A inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 21, 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

28 Power of Secretary of State to initiate or defend actions of declarator: Scotland. S

[F33 (1) Subsection (1A) applies in any case where—

(a) an application for a maintenance assessment has been made, or a maintenance assessment is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or assessment was made; and

(b) [F34 the Secretary of State] is not satisfied that the case falls within one of those set out in section 26(2).

(1A) In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.]

(2) The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a maintenance assessment [F35 or in a maintenance assessment which is in force].

(3) This section applies to Scotland only.

Textual Amendments

F33 S. 28(1)(1A) substituted for s. 28(1) (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(6), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

F34 Words in s. 28(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 33; S.I. 1999/1510, art. 2(g)(iii)

F35 Words in s. 28(2) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1