Child Support Act 1991

46 Failure to comply with obligations imposed by section 6. E+W+S

(1) This section applies where any person (“the parent”)—

(a) fails to comply with a requirement imposed on her by the Secretary of State under section 6(1); or

(b) fails to comply with any regulation made under section 6(9).

(2) A child support officer may serve written notice on the parent requiring her, before the end of the specified period, either to comply or to give him her reasons for failing to do so.

(3) When the specified period has expired, the child support officer shall consider whether, having regard to any reasons given by the parent, there are reasonable grounds for believing that, if she were to be required to comply, there would be a risk of her or of any children living with her suffering harm or undue distress as a result of complying.

(4) If the child support officer considers that there are such reasonable grounds, he shall—

(a) take no further action under this section in relation to the failure in question; and

(b) notify the parent, in writing, accordingly.

(5) If the child support officer considers that there are no such reasonable grounds, he may[F1 , except in prescribed circumstances,] give a reduced benefit direction with respect to the parent.

(6) Where the child support officer gives a reduced benefit direction he shall send a copy of it to the parent.

(7) Any person who is aggrieved by a decision of a child support officer to give a reduced benefit direction may appeal to a child support appeal tribunal against that decision.

(8) Sections 20(2) to (4) and 21 shall apply in relation to appeals under subsection (7) as they apply in relation to appeals under section 20.

(9) A reduced benefit direction shall take effect on such date as may be specified in the direction.

(10) Reasons given in response to a notice under subsection (2) may be given either in writing or orally.

(11) In this section—

• “comply” means to comply with the requirement or with the regulation in question; and “complied” and “complying” shall be construed accordingly;

• “reduced benefit direction” means a direction, binding on the adjudication officer, that the amount payable by way of any relevant benefit to, or in respect of, the parent concerned be reduced by such amount, and for such period, as may be prescribed;

• “relevant benefit” means income support, [F2 an income-based jobseeker’s allowance,] family credit or any other benefit of a kind prescribed for the purposes of section 6; and

• “specified”, in relation to any notice served under this section, means specified in the notice; and the period to be specified shall be determined in accordance with regulations made by the Secretary of State.

Textual Amendments

F1 Words in s. 46(5) inserted (1.10.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 12; S.I. 1995/2302, art. 2, Sch. Pt. 2

F2 Words in s. 46(11) inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 20(4); S.I. 1996/2208, art. 2(b)

Commencement Information

I1 S. 46 wholly in force; s. 46 not in force at Royal Assent see s. 58(2); S. 46(11) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 46 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2