The basic principles
X1Applications by those receiving benefitX2F1X1F19
1
Where income support, F2an income-based jobseeker’s allowanceF3. . . of any other benefit of a prescribed kind is claimed by or in respect of, or paid to or in respect of the parent of a qualifying child that parent shall, if—
a
that parent is a person with care of the child; and
b
that parent is required to do so by the Department,
authorise the Department to take action under this Order to recover child support maintenance from the absent parent.
2
The Department shall not require a person (“the parent”) to give it the authorisation mentioned in paragraph (1) if it considers that there are reasonable grounds for believing that—
a
if the parent were to be required to give that authorisation; or
b
if that parent were to give it,
there would be a risk of that parent, or of any child living with that parent, suffering harm or undue distress as a result.
3
Paragraph (2) shall not apply if the parent requests the Department to disregard it.
4
The authorisation mentioned in paragraph (1) shall extend to all children of the absent parent in relation to whom the parent first mentioned in paragraph (1) is a person with care.
5
That authorisation shall be given, without unreasonable delay, by completing and returning to the Department an application—
a
for the making of a maintenance assessment with respect to the qualifying child or qualifying children; and
b
for the Department to take action under this Order to recover, on that parent's behalf, the amount of child support maintenance so assessed.
6
Such an application shall be made on a form (“a maintenance application form”) provided by the Department.
7
A maintenance application form shall indicate in general terms the effect of completing and returning it.
8
Paragraph (1) has effect regardless of whether any of the benefits mentioned there is payable with respect to any qualifying child.
9
A person who is under the duty imposed by paragraph (1) shall, so far as that person reasonably can, comply with such regulations as may be made by the Department with a view to the Department F4. . . being provided with the information which is required to enable—
a
the absent parent to be traced;
b
the amount of child support maintenance payable by the absent parent to be assessed; and
c
that amount to be recovered from the absent parent.
10
The obligation to provide information which is imposed by paragraph (9)—
a
shall not apply in such circumstances as may be prescribed; and
b
may, in such circumstances as may be prescribed, be waived by the Department.
11
A person with care who has authorised the Department under paragraph (1) but who subsequently ceases to fall within that paragraph may request the Department to cease acting under this Article.
12
It shall be the duty of the Department to comply with any request made under paragraph (11) (but subject to any regulations made under paragraph (13)).
13
The Department may by regulations make such incidental or transitional provision as it thinks appropriate with respect to cases in which it is requested under paragraph (11) to cease to act under this Article.
14
The fact that a maintenance assessment is in force with respect to a person with care shall not prevent the making of a new maintenance assessment with respect to that person in response to an application under this Article.
F1X21
This Article applies where income support, an income-based jobseeker's allowance or any other benefit of a prescribed kind is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child who is also a person with care of the child.
2
In this Article, that person is referred to as the parent.
3
The Department may—
a
treat the parent as having applied for a maintenance calculation with respect to the qualifying child and all other children of the non-resident parent in relation to whom the parent is also a person with care; and
b
take action under this Order to recover from the non-resident parent, on the parent's behalf, the child support maintenance so determined.
4
Before doing what is mentioned in paragraph (3), the Department shall notify the parent in writing of the effect of paragraphs (3) and (5) and Article 43.
5
The Department may not act under paragraph (3) if the parent asks it not to (a request which need not be in writing).
6
Paragraph (1) has effect regardless of whether any of the benefits mentioned there is payable with respect to any qualifying child.
7
Unless the parent has made a request under paragraph (5), that parent shall, so far as that parent reasonably can, comply with such regulations as may be made by the Department with a view to its being provided with the information which is required to enable—
a
the non-resident parent to be identified or traced;
b
the amount of child support maintenance payable by the non-resident parent to be calculated; and
c
that amount to be recovered from the non-resident parent.
8
The obligation to provide information which is imposed by paragraph (7)—
a
does not apply in such circumstances as may be prescribed; and
b
may, in such circumstances as may be prescribed, be waived by the Department.
9
If the parent ceases to fall within paragraph (1), that parent may ask the Department to cease acting under this Article, but until then it may continue to do so.
10
The Department shall comply with any request under paragraph (9) (but subject to any regulations made under paragraph (11)).
11
The Department may by regulations make such incidental or transitional provision as it thinks appropriate with respect to cases in which it is asked under paragraph (9) to cease acting under this Article.
12
The fact that a maintenance calculation is in force with respect to a person with care does not prevent the making of a new maintenance calculation with respect to that person as a result of the Department acting under paragraph (3).