285.Paragraphs 1 to 10 and 14 provide for changes to other Acts (ie non-child support and Social Security Acts) covering England, Wales and Scotland, to reflect changes in this Act. These Acts make reference to child maintenance, and in all of them a change is being made in terminology to refer to “maintenance calculation” in place of “maintenance assessment”.
286.The Army Act 1955 and The Air Force Act 1955 allow for the deduction from pay in respect of a wife or child to such extent as is specified in the Order of Council. They set out how child maintenance will be deducted from a serviceman’s pay and are amended for child support purposes. It is being amended to reflect changes in terminology in this Act.
287.The Matrimonial Causes Act 1973 provides for the duration of continuing financial provision orders in favour of children and the age limit on making such orders. Where the court has made an order, it may vary or discharge it, as well as suspend or revive any provision in the order. It is being amended to reflect changes in terminology in this Act.
288.The Domestic Proceedings and Magistrates Courts Act 1978 sets out the age at which responsibility for financial provisions in favour of children ceases, and the duration of such orders. It is being amended to reflect changes in terminology in this Act.
289.The Family Law (Scotland) Act 1985 is amended to reflect changes in terminology provided by section 1(2) of this Act.
290.The Insolvency Act 1986 sets out the effects of discharging a bankruptcy on various monies owed. It is amended to reflect changes in terminology in this Act.
291.The Debtors (Scotland) Act 1987 is amended to provide that when a liable person is sequestrated in Scotland, it will not be possible to use a Deduction from Earnings Order under the 1991 Act to enforce a child support maintenance calculation (previously a maintenance assessment). The 1987 Act is also amended to define “maintenance order”, and to reflect the changes in terminology provided by section 1(2) of this Act.
292.The Income and Corporation Taxes Act 1988 sets out which Social Security benefits shall and shall not be charged to income tax and what payments shall not be treated as income. It is being amended to reflect changes in terminology in this Act. It is also being amended to reflect the repeal of section 24 of the Child Support Act 1995.
293.Sections 36 and 38 of The Finance Act 1988 are amended to reflect changes in terminology in this Act.
294.Schedule 1 of The Children Act 1989 is amended to reflect changes in terminology provided by section 1(2) of this Act.
295.The Prisoners Earnings Act (paragraph 14) sets out the powers of the prison Governor to make deductions and impose levies on prisoners who are paid “enhanced” wages or “net weekly earnings”, including for child support purposes. It is being amended to reflect changes in terminology in this Act.
296.Paragraph 11 amends the Child Support Act 1991.
Sub-paragraph (2) replaces the term “absent parent” in the 1991 Act with the term “non-resident parent”.
Sub-paragraph (3) amends section 4 of the 1991 Act to make it clear that the information that must be provided when applying for child support includes information which enables the non-resident parent to be identified.
Sub-paragraph (4) amends section 7 of the 1991 Act, which currently gives a child in Scotland the right to apply for an assessment.
Sub-paragraph (4)(a) will enable a child to apply for a maintenance calculation if no parent has been treated under the new section 6(3) of the 1991 Act as having applied for a maintenance calculation with respect to the child.
Sub-paragraph (4)(b), which amends section 7(10), alters the restrictions on when an application may be made by a qualifying child.  The effect of the amendment is that the child may not apply if there is a maintenance order in force in respect of him which was made after a prescribed date, and which has been in force for less than a year.
Sub-paragraph (5) amends section 8 of the 1991 Act, which governs the role of the courts in dealing with child maintenance.
Sub-paragraph (5)(a) amends section 8(1) in consequence of the changes to section 6.
Sub-paragraph (5)(b) inserts a reference to the new substituted section 8(3A) in section 8.
Sub-paragraph (5)(c) substitutes subsection 8(3A).  The new subsection (3A) allows the courts to vary court orders made after the date that the child support reforms are introduced even where, in accordance with the provisions of section 2 of this Act, the Child Support Agency could accept an application for child support as a result of more than one year having passed after the order was made.  This power, like the court order itself, would cease if a maintenance calculation is made.
Sub-paragraph (5)(d) inserts a cross-reference to the “cap” on maintenance provided by paragraph 10(3) of Schedule 1.  This means that the courts can make top-up orders for child maintenance where the non-resident parent has net weekly income of more than £2,000 per week.
Sub-paragraphs (6) to (10) amend sections 9, 14, 26, 27A and 28 respectively, in consequence of the changes to section 6.
Sub-paragraph (11) amends section 28ZA of the 1991 Act which covers decisions made under section 11, 12, 16 or 17 and which involves issues that arise on appeal in other cases.  These amendments consolidate provisions that were inserted into the 1991 Act by the Social Security Act 1998.
Sub-paragraph (11)(a) reproduces part of paragraph 4 of Schedule 4C to the 1991 Act by moving a provision relating to reduced benefit decisions under section 46 to section 28ZA and generalising the reference to decisions in section 28ZA(1).  Section 28ZA already allows for section 46 decisions to be held back pending resolution of a lead case.
Sub-paragraph (11)(b) consolidates Schedule 4C paragraph 4 by including a reference to appeals that are pending against reduced benefit decisions to section 28ZA.
Sub-paragraph (12) amends section 28ZB of the 1991 Act which covers appeals made under section 20 of the 1991 Act which involve issues that arise on appeals in other cases.  This consolidates provisions that were inserted into the 1991 Act by the Social Security Act 1998.
Sub-paragraphs (12)(a) and (b) amend section 28ZB to include reduced benefit direction appeals and appeals against the imposition of fees, partly by moving these provisions from paragraph 5 of Schedule 4C.
Sub-paragraph (13) amends section 28ZC of the 1991 Act.  Section 28ZC limits the retrospective effects of decisions in certain cases of error.  For example, where an understanding of law has been overturned by a decision on appeal it cannot affect liability or other decisions for a period before the new interpretation was determined.  This consolidates provisions that were inserted into the 1991 Act by the Social Security Act 1998.
Sub-paragraphs (13)(a) to (e) reproduce the effect of existing provisions in paragraph 6 of Schedule 4C of the 1991 Act in section 28ZC
Sub-paragraph (14) provides that sections 28H and 28I will no longer have effect.  This is because the departures scheme is to be replaced by new provisions for variations in child support liability – see sections 5 to 7.
Sub-paragraph (15) amends section 30 of 1991 Act.  Section 30 is about collection and enforcement of forms of maintenance other than child maintenance.  It amends this so as to avoid doubts about the meaning.  It clarifies that regulations can be made for both periodical payments and secured periodical payments.
Sub-paragraph (16) amends section 32 of 1991 Act.  Section 32 concerns deductions from earnings orders.  This provision amends section 32 to provide for regulations to say that the non-resident parent will always retain a set percentage of his earnings after a deduction has been made for maintenance.
Sub-paragraph (17) amends section 33 of 1191 Act.  This section concerns liability orders.  The amendment is intended to put beyond doubt that payments of child maintenance can only be classed as having been made if they have been paid to, or through, the person specified in, or in accordance with, regulations.
Sub-paragraph (18) amends section 47 of 1991 Act which relates to fees.  Although section 47 is in force, the ability to charge fees has not been used since April 1995, pending improvements in the CSA’s performance.  The Government intends to consider charging fees again when the new system is running smoothly.  Sub-paragraph (18) inserts a new subsection (4) in section 47 that enables payments of fees to be recovered in the same way as maintenance, for example, by a deduction from earnings order*.
Sub-paragraph (19) amends section 51 of 1991 Act to reflect the more streamlined decision-making process in the new scheme.  This provision allows for regulations to set out the procedure to be followed in making a maintenance calculation (under section 11) or, when superseding an existing calculation, (under section 17).  It also covers decisions relating to the revision and supersession of maintenance calculations, default rates and interim maintenance decisions.
Sub-paragraph (20) amends section 54 of 1991 Act as regards definitions.  For example, “assessable income” and “departure direction” are omitted, and “voluntary payments” are added.
Sub-paragraph (21) amends section 58(9) and (10) of the 1991 Act (the extent provision) so that section 40 does not extend to Scotland but section 40A (as introduced by section 17 of this Act) extends only to Scotland.  Section 40 concerns commitment to prison: section 40A concerns the different provisions which apply in Scotland.
Sub-paragraph (22) amends paragraphs 13, 14 and 16 of Schedule 1 of the 1991 Act which covers general provisions about maintenance assessments.
Sub-paragraph (22)(a) repeals paragraph 13 of Schedule 1.  Paragraph 13 enables the Secretary of State to make nil assessments of child support liability.  For example, where the non-resident parent has net income of £5 or less or is a student.  Schedule 1, paragraph 5, now provides for such nil rates of liability in the new scheme.
Sub-paragraph 22(b) amends paragraph 14 of Schedule 1 to the 1991 Act.  The purpose is to ensure that the drafting is consistent with other parts of this Act.  It reflects the new section 6 of the 1991 Act, introduced by section 3 of this Act, under which a maintenance application can be “treated as made”.  Paragraph 14 of Schedule 1 allows for two or more maintenance applications for the same child from different parents with care to be treated as the same claim.  This could arise where there is a dispute about who is the parent with care.  Paragraph 14 also allows for the replacement of an earlier maintenance calculation by a later one.
Sub-paragraph (22)(c) removes provisions that enable the Secretary of State to cancel assessments in certain circumstances.  For example where there is no longer a person with care or where the parents are back together again.  In the new scheme, such changes will be supersession decisions using section 17 of the 1991 Act.  Schedule 1 paragraph 16(3) enables the Secretary of State to cancel an assessment where the parent with care is no longer on benefit and requests that he does so.  This provision is being replaced by the new section 6(9) which is inserted by section 3 of this Act.
297.Paragraph 12 amends the Social Security Administration Act 1992.
298.Paragraph 13 amends the Child Support Act 1995.
Sub-paragraph (2) amends section 18 to remove the delegated power which enabled the Secretary of State to bring parents with court orders into the CSA’s jurisdiction.  This repeal is consequential on the changes to section 4(10) of the 1991 Act introduced by section 2.
Sub-paragraph (3) repeals section 24 of the 1995 Act, which provides for compensation payments in respect of people receiving Family Credit or Disability Working Allowance.
299.Paragraph 15amends the Social Security Act 1998.
Sub-paragraph (2) amends Schedule 2 to the Social Security Act 1998 to reflect the terminology of the new child support scheme.  “Reduced benefit directions” will become “reduced benefit decisions”.  Appeals against reduced benefit decisions will, as now, be against the decision to make a reduced benefit decision under section 46 of the 1991 Act  (see sections 10 and 19).
Part 1: Child Support. Commentary on Sections Schedule 3