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:

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Part 3Child support etc.

Maintenance calculations

18Determination of applications for a variation

(1)

Section 28D of the Child Support Act 1991 is amended as follows.

(2)

After subsection (2) insert—

“(2A)

Subsection (2B) applies if—

(a)

the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and

(b)

it appears to the F1Secretary of State that consideration of further information or evidence may affect F2the decision under subsection (1)(a) whether or not to agree to a variation.

(2B)

Before making the decision under subsection (1)(a) the F3Secretary of State must—

(a)

consider any such further information or evidence that is available to F4the Secretary of State, and

(b)

where necessary, take such steps as the F3Secretary of State considers appropriate to obtain any such further information or evidence.”

(3)

In subsection (3), after “duties” insert “
, apart from the duty under subsection (2B)
”.