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Child Support Act 1991

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Child Support Act 1991, Section 29 is up to date with all changes known to be in force on or before 18 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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29 Collection of child support maintenance.E+W+S

(1)The [F1Secretary of State] may [F2(subject to section 4(2A) and 7(3A))] arrange for the collection of any child support maintenance payable in accordance with a [F3maintenance calculation] where—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an application has been made to the [F1Secretary of State] under section 4(2) or 7(3) for [F1the Secretary of State] to arrange for its collection.

(2)Where a [F3maintenance calculation] is made under this Act, payments of child support maintenance under the [F5calculation] shall be made in accordance with regulations made by the Secretary of State.

(3)The regulations may, in particular, make provision—

(a)for payments of child support maintenance to be made—

(i)to the person caring for the child or children in question;

(ii)to, or through, the [F6Secretary of State]; or

(iii)to, or through, such other person as the [F6Secretary of State] may, from time to time, specify;

(b)as to the method by which payments of child support maintenance are to be made;

[F7(c)for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);]

[F7(ca)requiring payments of child support maintenance to be made—

(i)by reference to such an amount and a reference period; and

(ii)at prescribed intervals falling in a reference period;]

(d)as to the method and timing of the transmission of payments which are made, to or through the [F6Secretary of State] or any other person, in accordance with the regulations;

(e)empowering the [F6Secretary of State] to direct any person liable to make payments in accordance with the [F5calculation]—

(i)to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;

(ii)to open an account from which payments under the [F5calculation] may be made in accordance with the method of payment which that person is obliged to adopt;

(f)providing for the making of representations with respect to matters with which the regulations are concerned.

[F8(3A)In subsection (3)(c) and (ca) “a reference period” means—

(a)a period of 52 weeks beginning with a prescribed date; or

(b)in prescribed circumstances, a prescribed period.]

[F9(4)If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—

(a)for that method of payment not to be used in any case where there is good reason not to use it; and

(b)for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.

(5)On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.

(6)Regulations under subsection (4)(b) may include—

(a)provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.

(7)If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—

(a)prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

(b)prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.]

Textual Amendments

F2Words in s. 29(1) inserted (30.6.2014) by Welfare Reform Act 2012 (c. 5), ss. 137(4), 150(3); S.I. 2014/1635, art. 4 (with art. 5)

F5Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F7S. 29(3)(c)(ca) substituted for s. 29(3)(c) (8.10.2012) by Welfare Reform Act 2009 (c. 24), ss. 54(2), 61(3); S.I. 2012/2523, art. 2(1)(e)

F9S. 29(4)-(7) inserted (26.9.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 20, 62(3); S.I. 2008/2548, art. 2(a)

Modifications etc. (not altering text)

C3S. 29(2)(3) applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3; s. 29(2)(3) applied (with modifications) (S.) (5.4.1993) by S.I. 1992/2643, reg.4

Commencement Information

I1S. 29 wholly in force; s. 29 not in force at Royal Assent see s. 58(2); s. 29(2)(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 29 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

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