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Link to original content: http://www.legislation.gov.uk/ukpga/2008/6/contents/data.html

Child Maintenance and Other Payments Act 2008

Child Maintenance and Other Payments Act 2008

Part 1The Child Maintenance and Enforcement Commission

1The Child Maintenance and Enforcement Commission

2Objectives of the Commission

3Functions of the Commission: general

4Promotion of child maintenance

5Provision of information and guidance

7Agency arrangements and provision of services

8Contracting out

9Annual report to Secretary of State

10Directions and guidance

11Review of the status of the Commission

12Supplementary provisions

Part 2Transfer of child support functions etc. to the Commission

13Transfer of child support functions

14Transfer of property, rights and liabilities

Part 3Child support etc.

Removal of compulsion for benefit claimants

15Repeal of sections 6 and 46

Maintenance calculations

16Changes to the calculation of maintenance

17Power to regulate supersession

18Determination of applications for a variation

19Transfer of cases to new rules

Collection and enforcement

20Use of deduction from earnings orders as basic method of payment

21Deduction from earnings orders: the liable person's earnings

22Orders for regular deductions from accounts

23Lump sum deduction orders

24Orders preventing avoidance

25Administrative liability orders

26Enforcement in county courts

27Disqualification for holding or obtaining travel authorisation

28Curfew orders

29Commitment to prison

30Disqualification for driving

Debt management powers

31Power to treat liability as satisfied

32Power to accept part payment of arrears in full and final satisfaction

33Power to write off arrears

34Transfer of arrears

35Registered maintenance agreements: Scotland

36Offence of failing to notify change of address

37Additional special case

38Recovery of arrears from deceased's estate

39Disclosure of information relating to family proceedings

40Disclosure of information to credit reference agencies

41Pilot schemes

42Meaning of “child”

43Extinction of liability in respect of interest and fees

44Use of information

45Liable relative provisions: exclusion of parental duty to maintain

Part 4Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments

46Lump sum payments

47Conditions of entitlement

48Determination of claims

49Reconsideration

50Appeal to First-tier Tribunal

51Appeal to Social Security Commissioner

52Minors and people who lack capacity

53Regulations: Part 4

Recovery of mesothelioma and other lump sum payments

54Amendment of Social Security (Recovery of Benefits) Act 1997

55Regulations and orders: general

56General interpretation

57Minor and consequential amendments

60Financial provisions

Constitution of the Commission

1The Commission shall consist of the following members—

Appointment of a person to chair the Commission

2Appointments for the purposes of paragraph 1(a) are to be...

Appointment of directors

3(1) Appointments for the purposes of paragraph 1(c) are to...

Terms of appointment and tenure of members

4(1) The terms and conditions of a person's appointment to...

5(1) Subject to sub-paragraphs (2) and (3), a person appointed...

Remuneration etc. of non-executive members

6(1) The Commission may pay, or make provision for paying,...

7(1) The Commission may pay, or make provision for paying,...

Appointment of deputy chair

8The person appointed to chair the Commission must appoint one...

9(1) The Commission is to have a chief executive.

10(1) The Commission may appoint such other staff as it...

11(1) The Commission may establish committees for any purpose.

12Appointment as a member of a committee or sub-committee of...

13The Commission may determine— (a) its own procedure (including quorum),...

14(1) The Commission may authorise— (a) any member of the...

15(1) The person appointed to chair the Commission may authorise—...

16(1) The fixing of the common seal of the Commission...

17(1) The Secretary of State may out of money provided...

Accounts and audit

18(1) The Commission must— (a) keep proper accounts and proper...

19The Commission must keep under review the question whether its...

Non-executive functions committee

20(1) The Commission must establish a committee to discharge the...

Supplementary powers

21The Commission may do anything (except borrow money) which is...

Status of the Commission

22(1) The functions of the Commission, and of its members,...

23The validity of any proceedings of the Commission (including proceedings...

24In Schedule 1 to the Public Records Act 1958 (c....

Investigation by Parliamentary Commissioner

25In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....

Civil service pensions

26(1) The Commission must pay to the Minister for the...

House of Commons disqualification

27In Part 2 of Schedule 1 to the House of...

Northern Ireland Assembly disqualification

28In Part 2 of Schedule 1 to the Northern Ireland...

Freedom of information

29In Part 6 of Schedule 1 to the Freedom of...

30In this Schedule— (a) references to executive members of the...

31In this Schedule, references to the staff of the Commission...

32In this Schedule, references to the committees of the Commission...

. . . . . . . . . ....

SCHEDULE 3Transfer of child support functions

Part 1Consequential amendments

Child Support Act 1991 (c. 48)

1The Child Support Act 1991 (c. 48) is amended as...

2In section 2 (welfare of children: the general principle)—

3(1) Section 4 (child support maintenance) is amended as follows....

4(1) Section 6 (applications by those claiming or receiving benefit)...

5(1) Section 7 (right of child in Scotland to apply...

6In section 8 (role of the courts with respect to...

7(1) Section 10 (relationship between maintenance calculations and certain court...

8(1) Section 11 (maintenance calculations) is amended as follows.

9(1) Section 12 (default and interim maintenance decisions) is amended...

10(1) Section 14 (information required by Secretary of State) is...

11(1) Section 15 (powers of inspectors) is amended as follows....

12In section 16 (revision of decisions)— (a) for “Secretary of...

13In section 17 (decisions superseding earlier decisions)—

14(1) Section 20 (appeals to appeal tribunals) is amended as...

15In section 23A (redetermination of appeals), in subsection (4), before...

16(1) Section 24 (appeal to Child Support Commissioner) is amended...

17In section 25 (appeal from Child Support Commissioner on question...

18In section 26 (disputes about parentage), for “Secretary of State”...

19In section 27 (applications for declaration of parentage) for “Secretary...

20In section 27A (recovery of fees for scientific tests)—

21In section 28 (power to initiate or defend actions of...

22In section 28ZA (decisions involving issues that arise on appeal...

23In section 28ZB (appeals involving issues that arise on appeal...

24In section 28ZC (restrictions on liability in certain cases of...

25In section 28A (application for variation of usual rules for...

26(1) Section 28B (preliminary consideration of applications) is amended as...

27In section 28C (imposition of regular payments condition), in subsections...

28In section 28D (determination of applications)— (a) for “Secretary of...

29In section 28E (matters to be taken into account)—

30In section 28F (agreement to variation)— (a) for “Secretary of...

31In section 28J (voluntary payments), in subsections (1), (2) and...

32(1) Section 29 (collection of child support maintenance) is amended...

33(1) Section 30 (collection and enforcement of other forms of...

34In section 31 (deduction from earnings orders)—

35In section 32 (regulations about deduction from earnings orders), in...

36In section 33 (liability orders), for “Secretary of State” (in...

37In section 34 (regulations about liability orders), in subsections (1)(a)...

38(1) Section 35 (enforcement of liability orders by distress) is...

39In section 37 (regulations about liability orders), in subsection (2),...

40In section 38 (enforcement of liability orders by diligence), subsection...

41In section 39A (commitment to prison and disqualification from driving)—...

42(1) Section 40B (disqualification from driving) is amended as follows....

43(1) Section 41 (arrears of child support maintenance) is amended...

44(1) Section 41A (penalty payments) is amended as follows.

45(1) Section 41B (repayment of overpaid child support maintenance) is...

46In section 44 (jurisdiction), in subsection (1), for “Secretary of...

47In section 46 (reduced benefit decisions), in subsection (3)(a), for...

48In section 46A (finality of decisions), in subsection (1), after...

49In section 46B (matters arising as respects decisions), in subsection...

50In section 48 (right of audience), in subsection (1), for...

51After section 50 insert— Use of computers Any decision falling to be made under or by virtue...

52(1) Schedule 1 (maintenance calculations) is amended as follows.

53In paragraph 4 of Schedule 4A, for “Secretary of State”...

Social Security Act 1998 (c. 14)

54In paragraph 10 of Schedule 1 to the Social Security...

Part 2Transitional provision and savings

55(1) Anything which— (a) relates to any function transferred to...

SCHEDULE 4Changes to the calculation of maintenance

1Part 1 of Schedule 1 to the Child Support Act...

Calculation by reference to gross weekly income

2In Part 1 (under which the weekly amount of child...

Change to basic rate

3For paragraph 2 (basic rate) substitute— (1) Subject to sub-paragraph (2), the basic rate is the...

Increase in flat rate and minimum amounts of liability

4In the following provisions, for “£5” substitute “ £7 ”...

Applicable rate where non-resident parent party to other maintenance arrangement

5(1) In paragraph 1(1) (under which the weekly rate of...

6In paragraph 7(2) (circumstances in which decrease for shared care...

7In paragraph 8(2) (circumstances in which decrease for shared care...

8(1) In paragraph 9 (regulations about shared care), the existing...

9In paragraph 10 (which confers power to make regulations about...

10In paragraph 10(3) (under which weekly income over £2,000 is...

SCHEDULE 5Maintenance calculations: transfer of cases to new rules

Power to require a decision about whether to stay in the statutory scheme

1(1) The Secretary of State may require the interested parties...

2(1) The Secretary of State may by regulations make provision...

3(1) The Secretary of State shall by regulations make such...

4If, in a particular case, any of the interested parties...

Effect on accrual of liability of exercise of power under paragraph 1

5(1) Where the power under paragraph 1(1) is exercised in...

Additional powers

6(1) The Secretary of State may by regulations make such...

7In this Schedule— “interested parties” has such meaning as may...

Powers in relation to use of information

1Information which is held for the purposes of any functions...

2(1) This paragraph applies to information which is held for...

3(1) This paragraph applies to information which is held for...

4(1) This paragraph applies to information which is held for...

5(1) This paragraph applies to information which is held for...

6In this Schedule, “Northern Ireland Department” means the Department for...

SCHEDULE 7Minor and consequential amendments

Child Support Act 1991 (c. 48)

1(1) The Child Support Act 1991 is amended as follows....

Social Security Administration Act 1992 (c. 5)

2(1) The Social Security Administration Act 1992 is amended as...

Social Security Act 1998 (c. 14)

3(1) The Social Security Act 1998 is amended as follows....

Tax Credits Act 2002 (c. 21)

4(1) Schedule 5 to the Tax Credits Act 2002 (use...

Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

5In section 10(5) of the Debt Arrangement and Attachment (Scotland)...

Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

6In section 221 of the Bankruptcy and Diligence etc. (Scotland)...

SCHEDULE 8Repeals

Child Maintenance and Other Payments Act 2008

2008 c. 6

An Act to establish the Child Maintenance and Enforcement Commission; to amend the law relating to child support; to make provision about lump sum payments to or in respect of persons with diffuse mesothelioma; and for connected purposes.

[5th June 2008]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—