Legislation – Child Maintenance and Other Payments Act 2008

New Search

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:

Child Maintenance and Other Payments Act 2008, Section 30 is up to date with all changes known to be in force on or before 30 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part 3Child support etc.

Collection and enforcement

30Disqualification for driving

F1(1)

In section 40B of the Child Support Act 1991 (c. 48)
(disqualification from driving), for the heading and subsection (1) substitute—

“40BDisqualification for holding or obtaining driving licence

A1

The F2Secretary of State may apply to the court for an order disqualifying a person for holding or obtaining a driving licence where—

(a)

F3the Secretary of State has sought to recover an amount from the person by means of taking enforcement action by virtue of section 35 or 38, or by means of a third party debt order or a charging order by virtue of section 36;

(b)

the whole or any part of the amount remains unpaid; and

(c)

the F2Secretary of State is of the opinion that there has been wilful refusal or culpable neglect on the part of the person from whom F3the Secretary of State has sought to recover the amount (“the liable person”).

A2

Disqualification by an order under subsection (A1)
(a “disqualification order”) shall be for such period not exceeding two years as the court may specify in the order.

A3

For the purposes of subsection (A1)(a), the F4Secretary of State is to be taken to have sought to recover an amount by means of a charging order if an interim charging order has been made, whether or not any further steps have been taken to recover the amount.

A4

On an application under subsection (A1) the court shall (in the presence of the liable person) inquire as to—

(a)

whether the liable person needs a driving licence to earn a living;

(b)

the liable person’s means; and

(c)

whether there has been wilful refusal or culpable neglect on the part of the liable person.

A5

On an application under subsection (A1) the court shall not question—

(a)

the liability order by reference to which the F4Secretary of State acted as mentioned in paragraph (a) of that subsection; or

(b)

the maintenance calculation by reference to which that liability order was made.

(1)

If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person, it may—

(a)

make a disqualification order against the liable person; or

(b)

make such an order but suspend its operation until such time and on such conditions (if any) as it thinks just.”

(2)

For subsection (10) of that section, substitute—

“(10)

On making a disqualification order, the court may order the liable person to be searched.

(10A)

Any money found on such a search shall, unless the court otherwise directs, be applied towards payment of the amount due; and the balance (if any) shall be returned to the person searched.

(10B)

The court shall not allow the application under subsection (10A) of money found on a search under subsection (10) if it is satisfied that the money does not belong to the person searched.

(10C)

The court may exercise the powers conferred on it by subsection (5) without the need for an application where money found on a search under subsection (10) is applied towards payment of the amount due.”