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 35.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 3Child support etc.

Miscellaneous

35Registered maintenance agreements: Scotland

(1)

In section 4(10) of the Child Support Act 1991 (c. 48)
(exclusion of application for maintenance calculation), after paragraph (aa) insert—

“(ab)

a maintenance agreement—

(i)

made on or after the date prescribed for the purposes of paragraph (a); and

(ii)

registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or”.

(2)

In section 7(10) of that Act (exclusion of application by child in Scotland for maintenance calculation), at the end of paragraph (b) insert“; or

(c)

a maintenance agreement—

(i)

made on or after the date prescribed for the purposes of paragraph (a); and

(ii)

registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.”

(3)

In section 9(3) of that Act (agreements about maintenance), after “4(10)(a)” insert “
and (ab)
”.