The Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013

Citation and Interpretation

1.—(1) This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013.

(2) In this Order—

“1991 Act” means the Child Support Act 1991(1);

“2000 Act” means the Child Support, Pensions and Social Security Act 2000(2);

“2008 Act” means the Child Maintenance and Other Payments Act 2008;

“new calculation rules” means Part 1 of Schedule 1 to the 1991 Act as amended by the provisions of the 2008 Act specified in article 2.

(3) In this Order, a reference to an existing case is to a case in which there is—

(a) a maintenance assessment in force;

(b) a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force;

(c) an application for a maintenance assessment which has been made but not determined; or

(d) an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.

(4) In this Order, subject to paragraph (5)—

“maintenance calculation”, “non-resident parent”, “person with care” and “qualifying child” have the meanings given in the 1991 Act(3);

“absent parent” and “maintenance assessment” have the meanings given in the 1991 Act before its amendment by the 2000 Act.

(5) In this Order—

(a) a reference to a non-resident parent includes reference to a person who is—

(i) alleged to be the non-resident parent for the purposes of an application for child support maintenance under the 1991 Act, or

(ii) treated as the non resident parent for the purposes of the 1991 Act(4); and

(b) a reference to an absent parent includes reference to a person who is—

(i) alleged to be the absent parent for the purposes of an application for child support maintenance under the 1991 Act, or

(ii) treated as the absent parent for the purposes of the 1991 Act(5).

(1)

1991 c. 48.

(2)

2000 c. 19. The relevant amendments to the Child Support Act 1991 (“the 1991 Act”) were made by sections 1 and 26 of, and paragraph 11(1), (2) and (20) of Schedule 3 to, the Child Support, Pensions and Social Security Act 2000 (“the 2000 Act”).

(3)

The definition of “maintenance calculation” was substituted for the definition of “maintenance assessment” in section 54 of the 1991 Act by section 26 of, and paragraph 11(1) and (20)(d) of Schedule 3 to, the 2000 Act. The term “non-resident parent” was substituted for the term “absent parent” by section 26 of, and paragraph 11(1) and (2) of Schedule 3 to, the 2000 Act. The definition of “qualifying child” in section 3(1) of the 1991 Act was amended by section 26 of, and paragraph 11(1) and (2) of Schedule 3 to, the 2000 Act.

(4)

A person may be treated as a non-resident parent for the purposes of the 1991 Act under regulation 50(2) of the Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677) or regulation 8(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155).

(5)

A person may be treated as an absent parent for the purposes of the 1991 Act under regulation 20(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (S.I. 1992/1815).