Commentary on Sections Part 6: Miscellaneous Section 136: Supporting maintenance agreements
695.Section 9 of the Child Support Act 1991 makes clear that parents may make arrangements for child maintenance outside the statutory scheme, but that if they have done so, none of the parties to that agreement are then prevented from applying to the statutory scheme. The Government’s intention is to ask parents whether they could reach their own collaborative arrangements and to support them in doing so.
696.Section 136(1) inserts a new subsection (2A) into section 9 which allows the Child Maintenance and Enforcement Commission to take appropriate steps to encourage the making and keeping of family-based maintenance agreements. This includes the Commission inviting an applicant to consider with them whether it is possible to make such an agreement, before the Commission accepts an application. This will apply to applications from persons with care, non-resident parents and, in Scotland, a qualifying child aged over 12.
697.Subsection (2) amends paragraph 3 of Schedule 5 to the Child Maintenance and Other Payments Act 2008 which deals with the transfer of cases in the existing child support schemes to the new scheme, which is due to start for new customers in 2012. Where an individual decides that they wish to apply to the new scheme the amendment will ensure that they will also be invited to take consider along with the Commission whether it is possible to make a family-based arrangement first.