Legislation – Child Maintenance and Other Payments Act 2008

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Introduction

Part 1
The Child Maintenance and Enforcement Commission

1 The Child Maintenance and Enforcement Commission

2 Objectives of the Commission

3 Functions of the Commission: general

4 Promotion of child maintenance

5 Provision of information and guidance

6 Fees

7 Agency arrangements and provision of services

8 Contracting out

9 Annual report to Secretary of State

10 Directions and guidance

11 Review of the status of the Commission

12 Supplementary provisions

Part 2
Transfer of child support functions to the Commission

13 Transfer of child support functions

14 Transfer of property, rights and liabilities

Part 3
Child support etc.

15 Repeal of sections 6 and 46

16 Changes to the calculation of maintenance

17 Power to regulate supersession

18 Determination of applications for a variation

19 Transfer of cases to new rules

20 Use of deduction from earnings orders as basic method of payment

21 Deduction from earnings orders: the liable person’s earnings

22 Orders for regular deductions from accounts

23 Lump sum deduction orders

24 Orders preventing avoidance

25 Administrative liability orders

26 Enforcement in county courts

27 Disqualification for holding or obtaining travel authorisation

28 Curfew orders

29 Commitment to prison

30 Disqualification for driving

31 Power to treat liability as satisfied

32 Power to accept part payment of arrears in full and final satisfaction

33 Power to write off arrears

34 Transfer of arrears

35 Registered maintenance agreements: Scotland

36 Offence of failing to notify change of address

37 Additional special case

38 Recovery of arrears from deceased’s estate

39 Disclosure of information relating to family proceedings

40 Disclosure of information to credit reference agencies

41 Pilot schemes

42 Meaning of “child”

43 Extinction of liability in respect of interest and fees

44 Use of information

45 Liable relative provisions: exclusion of parental duty to maintain

Part 4
Lump sum payments: mesothelioma etc.

46 Lump sum payments

47 Conditions of entitlement

48 Determination of claims

49 Reconsideration

50 Appeal to First-tier Tribunal

51 Appeal to Social Security Commissioner

52 Minors and people who lack capacity

53 Regulations: Part 4

54 Amendment of Social Security (Recovery of Benefits) Act 1997

Part 5
General

55 Regulations and orders: general

56 General interpretation

57 Minor and consequential amendments

58 Repeals

59 Transition

60 Financial provisions

61 Extent

62 Commencement

63 Citation

SCHEDULES

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3 Transfer of child support functions

SCHEDULE 4 Changes to the calculation of maintenance

SCHEDULE 5 Maintenance calculations: transfer of cases to new rules

SCHEDULE 6

SCHEDULE 7 Minor and consequential amendments

SCHEDULE 8 Repeals

Changes to legislation:

There are currently no known outstanding effects for the Child Maintenance and Other Payments Act 2008,
SCHEDULE 8. Help about Changes to Legislation

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Changes to Legislation

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SCHEDULES


SCHEDULE 8
Repeals

Section 58

Short title and chapter

Extent of repeal

Debtors (Scotland) Act 1987 (c. 18)

Section 1(5)(cc).

Child Support Act 1991 (c. 48)

In section 4—

  1. (a)

    subsections (9) and (11);

  2. (b)

    in subsection (10), paragraph (b) and the word “or” immediately before it.

Section 6.

In section 7(1), paragraph (b) and the word “or” immediately before it.

In section 8(1), the words “(or treated as made)”.

In section 9(6), paragraphs (a) and (b) and the word “and” immediately preceding them.

Section 11(3) to (5).

In section 12(2), the words from “(or” to “made)”.

In section 14(1), the words “or treated as made” and “(or application treated as made)”.

Sections 16(1A)(b), 17(1)(c) and 20(1)(c), (2)(b) and (6).

Section 20(1)(e).

In section 26(1), the words “or treated as made”.

In section 27(1)(a), the words “(or is treated as having been made)” and “or treated as made”.

In section 27A(1)—

  1. (a)

    in paragraph (a), the words “or treated as made”;

  2. (b)

    in paragraph (b), the words “or, as the case may be, treated as made”.

In section 28(1)(a), the words “or treated as made”, in both places.

In section 28ZA(1)(a), the words from “or with” to “section 46”.

In section 28ZC—

  1. (a)

    in subsection (1)(b)(i), the words from “or one” to “benefit”;

  2. (b)

    in subsection (3), the words “or the reduction of a person’s benefit”.

In section 28A—

  1. (a)

    in subsection (1), the words “, or treated as made under section 6,”;

  2. (b)

    in subsection (3), the words from “(or” to “section 6)”.

In section 28F(4)(a), the words from “(including” to “made)”.

In section 28J(1)(a), the words from “, or is” to “section 6”.

In section 29(1), paragraph (a) and the word “or” at the end of it.

Section 32(2)(a).

Sections 33 and 34.

In section 36—

  1. (a)

    in subsection (1), the words “, if a county court so orders,”;

  2. (b)

    subsection (2).

Sections 37, 39A, 40A(8)(c) and 40B(12)(b) and (c).

In section 41(1)(a), the word “, 6”.

Sections 46, 47 and 50(5).

In section 52(2), the words “6(1),” and “, 46”.

In Schedule 1, in paragraph 9(1)(a), the words from “or” to the end.

Schedule 2.

In Schedule 4A, paragraph 5(2).

In Schedule 4B, in paragraph 2(3)—

  1. (a)

    in paragraphs (a), (d) and (e), the words “(or treated as made)”;

  2. (b)

    in paragraph (c), the words “(or treated as having been applied for)”.

In Schedule 5, paragraph 8(2).

Social Security Administration Act 1992 (c. 5)

Sections 106(7) and 107.

In section 122(3), the word “or” at the end of paragraph (b).

Child Support Act 1995 (c. 34)

In Schedule 3, paragraphs 9 and 10.

Welfare Reform and Pensions Act 1999 (c. 30)

Section 80.

Child Support, Pensions and Social Security Act 2000 (c. 19)

Sections 3, 16(1), 19 and 28.

In Schedule 3, paragraph 11(3)(b), (4)(a), (5)(a), (6), (8), (9), (10)(a), (11)(a), (13)(a) and (d), (17) and (22)(b).

Employment Act 2002 (c. 22)

In Schedule 6, paragraphs 11(a) and 13(a).

Civil Partnership Act 2004 (c. 33)

In Schedule 24, paragraph 3.

Welfare Reform Act 2007 (c. 5)

In Schedule 3, paragraph 7(2) to (5).

Tribunals, Courts and Enforcement Act 2007 (c. 15)

In Schedule 13, paragraphs 96 and 97.