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SCHEDULE 3 |
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AMENDMENT OF ENACTMENTS RELATING TO CHILD SUPPORT |
| The Child Support Act 1991 |
| 1. - (1) The 1991 Act shall be amended as follows. |
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(2) For "absent parent" (or any variant of that expression), wherever it occurs, there shall be substituted "non-resident parent" (or the corresponding variant) preceded, where appropriate, by "a" instead of "an". |
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(3) In section 4 (child support maintenance)- |
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(a) in subsection (4)(a), after "be" there shall be inserted "identified or"; and |
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(b) in subsection (9), after "application" there shall be inserted "treated as made". |
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(4) In section 8 (role of the courts with respect to maintenance for children)- |
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(a) in subsection (1), after "duly made" there shall be inserted "(or treated as made)"; |
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(b) in subsection (3A), for paragraphs (a) and (b) there shall be substituted- |
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"(a) no parent has been treated under section 6(3) as having applied for a maintenance calculation with respect to the child; or |
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(b) a parent has been so treated but no maintenance calculation has been made,"; and |
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(c) subsection (6) (which enables a court to make a maintenance order to supplement payments of child support maintenance) shall cease to have effect. |
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(5) In section 9 (agreements about maintenance), in subsection (6), for paragraphs (a) and (b) there shall be substituted- |
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"(a) no parent has been treated under section 6(3) as having applied for a maintenance calculation with respect to the child; or |
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(b) a parent has been so treated but no maintenance calculation has been made,". |
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(6) In section 14 (information required by Secretary of State), in subsection (1)- |
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(a) after "any application" there shall be inserted "made or treated as made"; and |
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(b) after "an application" there shall be inserted "(or application treated as made)". |
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(7) In section 26 (disputes about parentage), in subsection (1), after "made" there shall be inserted "or treated as made". |
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(8) Sections 28H (departure directions: decisions and appeals) and 28I (transitional provisions relating to departure directions) shall cease to have effect. |
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(9) In section 30 (collection and enforcement of certain forms of maintenance), in subsection (2), for "any periodical payments or secured periodical payments of a prescribed kind" there shall be substituted "any periodical payments, or secured periodical payments, of a prescribed kind". |
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(10) In section 47 (fees), after subsection (3) there shall be inserted- |
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"(4) The provisions of this Act with respect to- |
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(a) the collection of child support maintenance; |
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(b) the enforcement of any obligation to pay child support maintenance, |
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shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this section." |
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(11) In section 54 (interpretation)- |
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(a) in the definition of "application for a departure direction", for "departure direction" there shall be substituted "variation"; |
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(b) the definitions of "assessable income", "current assessment", "departure direction" and "maintenance requirement" shall be omitted; and |
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(c) after the definition of "qualifying child" there shall be inserted- |
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""voluntary payment" has the meaning given in section 28J." |
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| The Child Support Act 1995 |
| 2. - (1) The Child Support Act 1995 shall be amended as follows. |
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(2) In section 18 (deferral of right to apply for maintenance assessment), subsection (5) (which enables the Secretary of State by order to repeal any of the provisions of section 18) shall cease to have effect. |