one of his parents is, in relation to him, F14a non-resident parent; or

both of his parents are, in relation to him, F14non-resident parents.

that parent is not living in the same household with the child; and

the child has his home with a person who is, in relation to him, a person with care.

with whom the child has his home;

who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

who does not fall within a prescribed category of person.

parents;

guardians;

persons named, in a child arrangements order under section 8 of the Children Act 1989, as persons with whom a child is to live;

in Scotland, persons F5with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.

the collection of the child support maintenance payable in accordance with the F24calculation;

the enforcement of the obligation to pay child support maintenance in accordance with the F24calculation.

the non-resident parent agrees to the arrangements, or

the F70Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

the F14non-resident parent to be F18identified or traced (where that is necessary);

the amount of child support maintenance payable by the F14non-resident parent to be assessed; and

that amount to be recovered from the F14non-resident parent.

shall not apply in such circumstances as may be prescribed; and

may, in such circumstances as may be prescribed, be waived by the F48Secretary of State.

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F13made before a prescribed date, in respect of that child or those children and the person who is, at that time, the F14non-resident parent; or

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; or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

there is more than one person with care of a qualifying child; and

one or more, but not all, of them have parental responsibility for F6... the child;

no such application has been made by a person who is, with respect to that child, a person with care or F14a non-resident parent; F38...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the collection of the child support maintenance payable in accordance with the F24calculation;

the enforcement of the obligation to pay child support maintenance in accordance with the F24calculation.

the non-resident parent agrees to the arrangements, or

the F73Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.

the F14non-resident parent to be traced (where that is necessary);

the amount of child support maintenance payable by the F14non-resident parent to be assessed; and

that amount to be recovered from the F14non-resident parent.

shall not apply in such circumstances as may be prescribed by the Secretary of State; and

may, in such circumstances as may be so prescribed, be waived by the F54Secretary of State.

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F16made before a prescribed date, in respect of that child and the person who is, at that time, the F14non-resident parentF19or

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 madeF30; or

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

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.

a written agreement (whether or not enforceable) provides for the making, or securing, by F14a non-resident parent of the child of periodical payments to or for the benefit of the child; and

the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

a F23maintenance calculation is in force with respect to the child;

the non-resident parent’s F60gross 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

the court is satisfied that the circumstances of the case make it appropriate for the F14non-resident parent to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the F23maintenance calculation.

the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

F59an allowance under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or a disability living allowance is paid to or in respect of him; or

no such allowance is paid but he is disabled,

Part II of the M1Matrimonial Causes Act 1973;

the M2Domestic Proceedings and Magistrates’ Courts Act 1978;

Part III of the M3Matrimonial and Family Proceedings Act 1984;

the M4Family Law (Scotland) Act 1985;

Schedule 1 to the M5Children Act 1989; F26...

Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or

any other prescribed enactment,

take such steps as F63the Secretary of State considers appropriate to encourage the making and keeping of maintenance agreements, and

in particular, before accepting an application under those sections, invite the applicant to consider with the F64Secretary of State whether it is possible to make such an agreement.

to insert a provision requiring that F14non-resident parent to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or

to increase the amount payable under such a provision.

shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or

where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or

where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the F23maintenance calculation and of the provisions of this Act;

the recovery of any arrears under the order or agreement which fell due before the coming into force of the F23maintenance calculation,

notification to be given by F11the F56Secretary of State to the prescribed person in any case where F56the Secretary of State considers that the making of a F23maintenance calculation has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;

notification to be given by the prescribed person to the F57Secretary of State in any case where a court makes an order which it considers has affected, or is likely to affect, a F23maintenance calculation.