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Changes to the calculation of maintenance |
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1 | Part 1 of Schedule 1 to the Child Support Act 1991 (c. 48) (calculation of |
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weekly amount of child support maintenance) is amended as follows. |
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Calculation by reference to gross weekly income |
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2 | In Part 1 (under which the weekly amount of child support maintenance |
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payable is calculated by reference to the non-resident parent’s net weekly |
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income), for “net”, in each place where it occurs, substitute “gross”. |
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3 | For paragraph 2 (basic rate) substitute— |
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“2 (1) | Subject to sub-paragraph (2), the basic rate is the following |
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percentage of the non-resident parent’s gross weekly income— |
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12% where the non-resident parent has one qualifying child; |
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16% where the non-resident parent has two qualifying |
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19% where the non-resident parent has three or more |
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(2) | If the gross weekly income of the non-resident parent exceeds |
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£800, the basic rate is the aggregate of the amount found by |
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applying sub-paragraph (1) in relation to the first £800 of that |
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income and the following percentage of the remainder— |
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9% where the non-resident parent has one qualifying child; |
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12% where the non-resident parent has two qualifying |
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15% where the non-resident parent has three or more |
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(3) | If the non-resident parent also has one or more relevant other |
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children, gross weekly income shall be treated for the purposes of |
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sub-paragraphs (1) and (2) as reduced by the following |
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12% where the non-resident parent has one relevant other |
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16% where the non-resident parent has two relevant other |
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19% where the non-resident parent has three or more |
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relevant other children.” |
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Increase in flat rate and minimum amounts of liability |
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4 | In the following provisions, for “£5” substitute “£7”— |
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(a) | paragraph 3(3) (minimum amount of liability in the case of reduced |
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(b) | paragraph 4(1) (amount of flat rate of liability); |
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(c) | paragraph 7(7) (minimum amount of liability in the case of basic and |
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reduced rates where reduction because of shared care applies). |
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Applicable rate where non-resident parent party to other maintenance arrangement |
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5 (1) | In paragraph 1(1) (under which the weekly rate of child support |
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maintenance is the basic rate unless a reduced rate, a flat rate or a nil rate |
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applies), at the beginning insert “Subject to paragraph 5A,”. |
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(2) | After paragraph 5 insert— |
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“Non-resident parent party to other maintenance arrangement |
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5A (1) | This paragraph applies where— |
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(a) | the non-resident parent is a party to a qualifying |
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maintenance arrangement with respect to a child of his |
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who is not a qualifying child, and |
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(b) | the weekly rate of child support maintenance apart from |
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this paragraph would be the basic rate or a reduced rate or |
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calculated following agreement to a variation where the |
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rate would otherwise be a flat rate or the nil rate. |
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(2) | The weekly rate of child support maintenance is the greater of £7 |
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and the amount found as follows. |
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(3) | First, calculate the amount which would be payable if the non- |
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resident parent’s qualifying children also included every child |
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with respect to whom the non-resident parent is a party to a |
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qualifying maintenance arrangement. |
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(4) | Second, divide the amount so calculated by the number of |
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children taken into account for the purposes of the calculation. |
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(5) | Third, multiply the amount so found by the number of children |
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who, for purposes other than the calculation under sub-paragraph |
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(3), are qualifying children of the non-resident parent. |
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(6) | For the purposes of this paragraph, the non-resident parent is a |
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party to a qualifying maintenance arrangement with respect to a |
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child if the non-resident parent is— |
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(a) | liable to pay maintenance for the child under a |
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(b) | a party to an agreement of a prescribed description which |
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provides for the non-resident parent to make payments for |
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the benefit of the child, |
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| and the child is habitually resident in the United Kingdom.” |
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6 | In paragraph 7(2) (circumstances in which decrease for shared care applies |
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in cases where child support maintenance is payable at the basic rate or a |
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reduced rate), for “If the care of a qualifying child is shared” substitute “If |
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the care of a qualifying child is, or is to be, shared”. |
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7 | In paragraph 8(2) (circumstances in which decrease for shared care applies |
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in cases where child support maintenance payable at a flat rate), for “If the |
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care of a qualifying child is shared” substitute “If the care of a qualifying |
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child is, or is to be, shared”. |
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8 (1) | In paragraph 9 (regulations about shared care), the existing provision |
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becomes sub-paragraph (1). |
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(2) | In that sub-paragraph, before paragraph (a) insert— |
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“(za) | for how it is to be determined whether the care of a |
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qualifying child is to be shared as mentioned in paragraph |
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(3) | In that sub-paragraph, after paragraph (b) insert— |
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“(ba) | for how it is to be determined how many nights count for |
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(4) | After that sub-paragraph insert— |
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“(2) | Regulations under sub-paragraph (1)(ba) may include provision |
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enabling the Commission to proceed for a prescribed period on |
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the basis of a prescribed assumption.” |
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9 | In paragraph 10 (which confers power to make regulations about the |
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manner in which weekly income is to be determined), for sub-paragraph (2) |
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“(2) | The regulations may, in particular— |
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(a) | provide for determination in prescribed circumstances by |
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reference to income of a prescribed description in a |
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(b) | provide for the Commission to estimate any income or |
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make an assumption as to any fact where, in its view, the |
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information at its disposal is unreliable or insufficient, or |
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relates to an atypical period in the life of the non-resident |
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10 | In paragraph 10(3) (under which weekly income over £2,000 is to be ignored |
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for the purposes of Schedule 1), for “£2,000” substitute “£3,000”. |
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Maintenance calculations: transfer of cases to new rules |
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Power to require a decision about whether to stay in the statutory scheme |
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1 (1) | The Commission may require the interested parties in relation to an existing |
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case to choose whether or not to stay in the statutory scheme, so far as future |
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accrual of liability is concerned. |
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(2) | The reference in sub-paragraph (1) to an existing case is to any of the |
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(a) | a maintenance assessment, |
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(b) | an application for a maintenance assessment, |
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(c) | a maintenance calculation made under existing rules, and |
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(d) | an application for a maintenance calculation which will fall to be |
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made under existing rules. |
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(3) | For the purposes of this paragraph, a maintenance calculation is made (or |
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will fall to be made) under existing rules if the amount of the periodical |
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payments required to be paid in accordance with it is (or will be) determined |
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otherwise than in accordance with Part 1 of Schedule 1 to the Child Support |
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Act 1991 (c. 48) as amended by this Act. |
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2 (1) | The Secretary of State may by regulations make provision about the exercise |
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of the power under paragraph 1(1). |
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(2) | Regulations under sub-paragraph (1) may, in particular— |
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(a) | make provision about timing in relation to exercise of the power; |
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(b) | make provision for exercise of the power in stages; |
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(c) | specify principles for determining the order in which particular cases |
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are to be dealt with under the power; |
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(d) | make provision about procedure in relation to exercise of the power; |
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(e) | make provision for exercise of the power in accordance with a |
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scheme prepared by the Commission and approved by the Secretary |
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3 (1) | The Secretary of State shall by regulations make such provision as he thinks |
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fit about exercise of the right to make a choice required under paragraph |
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(2) | Regulations under sub-paragraph (1) shall, in particular— |
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(a) | make provision about the time within which the choice must be |
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(b) | make provision for a choice to stay in the statutory scheme to be |
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made by means of an application to the Commission for a |
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(c) | make provision about the form and content of any application |
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required by provision under paragraph (b). |
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4 | If, in a particular case, any of the interested parties chooses not to stay in the |
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statutory scheme, that person’s choice shall be disregarded if any of the |
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other interested parties chooses to stay in the statutory scheme. |
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Effect on accrual of liability of exercise of power under paragraph 1 |
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5 (1) | Where the power under paragraph 1(1) is exercised in relation to a |
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maintenance assessment or maintenance calculation, liability under the |
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assessment or calculation shall cease to accrue with effect from such date as |
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may be determined in accordance with regulations made by the Secretary of |
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(2) | Where the power under paragraph 1(1) is exercised in relation to an |
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application for a maintenance assessment or maintenance calculation, |
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liability under any assessment or calculation made in response to the |
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application shall accrue only in respect of the period ending with such date |
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as may be determined in accordance with regulations made by the Secretary |
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6 (1) | The Secretary of State may by regulations make such provision as appears to |
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the Secretary of State to be necessary or expedient for the purposes of, or in |
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connection with, giving effect to a decision not to leave the statutory scheme. |
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(2) | Regulations under sub-paragraph (1) may, in particular— |
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(a) | make provision about procedure in relation to determination of an |
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application made in pursuance of regulations under paragraph 3; |
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(b) | make provision about the application of the Child Support Act 1991 |
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(c. 48) in relation to a maintenance calculation made in response to |
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(c) | prescribe circumstances in which liability under such a maintenance |
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calculation is to be subject to a prescribed adjustment. |
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(3) | The Secretary of State may by regulations make provision enabling the |
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Commission to treat an application of the kind mentioned in paragraph |
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1(2)(b) or (d) as withdrawn if none of the interested parties chooses to stay |
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“interested parties” has such meaning as may be prescribed; |
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“maintenance assessment” means an assessment of maintenance made |
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under the Child Support Act 1991; |
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“maintenance calculation” means a calculation of maintenance made |
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“prescribed” means prescribed by regulations made by the Secretary of |
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“statutory scheme” means the scheme for child support maintenance |
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Powers in relation to use of information |
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1 | Information which is held for the purposes of any functions relating to child |
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(a) | by the Commission, or |
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(b) | by a person providing services to the Commission, in connection |
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with the provision of those services, |
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| may be used, or supplied to any person providing services to the |
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Commission, for the purposes of, or for any purposes connected with, the |
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exercise of any such functions. |
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2 (1) | This paragraph applies to information which is held for the purposes of |
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functions relating to income tax, tax credits, child benefit or guardian’s |
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(a) | by the Commissioners for Her Majesty’s Revenue and Customs, or |
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(b) | by a person providing services to them, in connection with the |
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provision of those services. |
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(2) | Information to which this paragraph applies may be supplied— |
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(a) | to the Commission, or |
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(b) | to a person providing services to the Commission, |
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| for use for the purposes of functions relating to child support. |
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3 (1) | This paragraph applies to information which is held for the purposes of |
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functions relating to social security or employment or training— |
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(a) | by the Secretary of State, or |
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(b) | by a person providing services to the Secretary of State, in connection |
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with the provision of those services. |
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(2) | Information to which this paragraph applies may be supplied— |
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(a) | to the Commission, or |
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(b) | to a person providing services to the Commission, |
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| for use for the purposes of functions relating to child support. |
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4 (1) | This paragraph applies to information which is held for the purposes of |
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functions relating to social security, child support or employment or |
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(a) | by the Northern Ireland Department, or |
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(b) | by a person providing services to that Department, in connection |
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with the provision of those services. |
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(2) | Information to which this paragraph applies may be supplied— |
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(a) | to the Commission, or |
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(b) | to a person providing services to the Commission, |
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| for use for the purposes of functions relating to child support. |
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5 (1) | This paragraph applies to information which is held for the purposes of |
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functions relating to child support— |
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(a) | by the Commission, or |
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(b) | by a person providing services to the Commission, in connection |
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with the provision of those services. |
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(2) | Information to which this paragraph applies may be supplied— |
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(a) | to the Secretary of State, or |
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(b) | to a person providing services to the Secretary of State, |
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| for use for the purposes of functions relating to social security, war pensions, |
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employment or training, private pensions policy or retirement planning. |
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(3) | Information to which this paragraph applies may be supplied— |
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(a) | to the Commissioners for Her Majesty’s Revenue and Customs, or |
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(b) | to a person providing services to them, |
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| for use for the purposes of any of their functions. |
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(4) | Information to which this paragraph applies may be supplied— |
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(a) | to the Northern Ireland Department, or |
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(b) | to a person providing services to that Department, |
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| for use for the purposes of functions relating to social security, child support, |
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employment or training, private pensions policy or retirement planning. |
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“private pensions policy” means policy relating to occupational |
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pension schemes or personal pension schemes (within the meaning |
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given by section 1 of the Pension Schemes Act 1993 (c. 48)); |
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“retirement planning” means promoting financial planning for |
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“war pension” has the meaning given by section 25(4) of the Social |
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Security Act 1989 (c. 24). |
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6 | In this Schedule, “Northern Ireland Department” means the Department for |
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Social Development in Northern Ireland or the Department for Employment |
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and Learning in Northern Ireland. |
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Minor and consequential amendments |
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Child Support Act 1991 (c. 48) |
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1 (1) | The Child Support Act 1991 is amended as follows. |
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(2) | In section 8 (role of the courts with respect to maintenance for children), in |
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subsection (6)(b) (which refers to the non-resident parent’s net weekly |
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income), for “net” substitute “gross”. |
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(3) | In section 20 (appeals to appeal tribunals), in subsection (1), after paragraph |
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“(ba) | a decision of the Commission to make a liability order under |
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(4) | In subsection (2) of that section, after paragraph (a) insert— |
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“(aa) | in relation to paragraph (ba), the person against whom the |
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(5) | After subsection (5) of that section insert— |
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“(5A) | An appeal lies by virtue of subsection (1)(ba) only on the following |
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(a) | that the person has not failed to pay an amount of child |
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(b) | that the amount in respect of which the liability order is made |
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exceeds the amount of child support maintenance which the |
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person has failed to pay.” |
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(6) | After subsection (7) of that section insert— |
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“(7A) | In deciding an appeal against a decision of the Commission to make |
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a liability order, an appeal tribunal shall not question the |
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maintenance calculation by reference to which the liability order was |
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(7) | In section 30 (collection and enforcement of other forms of maintenance), in |
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subsections (4) and (5) for “which he is authorised to collect under this |
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