Legislation – Child Maintenance and Other Payments Act 2008

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

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

60 Financial provisions

62 Commencement

SCHEDULES

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 7 Minor and consequential amendments

SCHEDULE 8 Repeals

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Child Maintenance and Other Payments Act 2008, Section 52.

Changes to Legislation

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Part 4Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments

52Minors and people who lack capacity

(1)

This section applies where a payment under this Part falls to be made to—

(a)

a person aged under 18, or

(b)

a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c. 9)
(or, in Scotland, who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)) in relation to financial matters.

(2)

Subject to section 46(5) the payment is to be made for that person’s benefit by paying it to such trustees as the Secretary of State may appoint.

(3)

The trustees are to hold the payment on such trusts or, in Scotland, for such purposes and on such conditions as the Secretary of State may declare.