The basic principlesE+W+S

1 The duty to maintain.E+W+S

(1)For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him.

(2)For the purposes of this Act, [F2a non-resident parent] shall be taken to have met his responsibility to maintain any qualifying child of his by making periodical payments of maintenance with respect to the child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Act.

(3)Where a [F3maintenance calculation] made under this Act requires the making of periodical payments, it shall be the duty of the [F2non-resident parent] with respect to whom the [F1calculation] was made to make those payments.

2 Welfare of children: the general principle.E+W+S

Where, in any case which falls to be dealt with under this Act, the [F4Commission] F5... is considering the exercise of any discretionary power conferred by this Act, [F6it] shall have regard to the welfare of any child likely to be affected by [F7its] decision.

3 Meaning of certain terms used in this Act.E+W+S

(1)A child is a “qualifying child” if—

(a)one of his parents is, in relation to him, [F2a non-resident parent]; or

(b)both of his parents are, in relation to him, [F2non-resident parents].

(2)The parent of any child is [F2a “non-resident parent”], in relation to him, if—

(a)that parent is not living in the same household with the child; and

(b)the child has his home with a person who is, in relation to him, a person with care.

(3)A person is a “person with care”, in relation to any child, if he is a person—

(a)with whom the child has his home;

(b)who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

(c)who does not fall within a prescribed category of person.

(4)The Secretary of State shall not, under subsection (3)(c), prescribe as a category—

(a)parents;

(b)guardians;

(c)persons in whose favour residence orders under section 8 of the M1Children Act 1989 are in force;

(d)in Scotland, persons [F8with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.]

(5)For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.

(6)Periodical payments which are required to be paid in accordance with a [F3maintenance calculation] are referred to in this Act as “child support maintenance”.

(7)Expressions are defined in this section only for the purposes of this Act.

4 Child support maintenance.E+W+S

(1)A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the [F2non-resident parent] may apply to the [F9Commission] for a [F3maintenance calculation] to be made under this Act with respect to that child, or any of those children.

(2)Where a [F3maintenance calculation] has been made in response to an application under this section the [F10Commission] may, if the person with care or [F2non-resident parent] with respect to whom the [F1calculation] was made applies to [F11it] under this subsection, arrange for—

(a)the collection of the child support maintenance payable in accordance with the [F1calculation];

(b)the enforcement of the obligation to pay child support maintenance in accordance with the [F1calculation].

(3)Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the [F12Commission] to take steps to enforce that obligation whenever [F13it] considers it necessary to do so, the [F12Commission] may act accordingly.

(4)A person who applies to the [F14Commission] under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the [F14Commission] F15... being provided with the information which is required to enable—

(a)the [F2non-resident parent] to be [F16identified or] traced (where that is necessary);

(b)the amount of child support maintenance payable by the [F2non-resident parent] to be assessed; and

(c)that amount to be recovered from the [F2non-resident parent].

(5)Any person who has applied to the [F17Commission] under this section may at any time request [F18it] to cease acting under this section.

(6)It shall be the duty of the [F19Commission] to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).

(7)The obligation to provide information which is imposed by subsection (4)—

(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 [F20Commission].

(8)The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

F21(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(10)No application may be made at any time under this section with respect to a qualifying child or any qualifying children if—

(a)there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F23made before a prescribed date], in respect of that child or those children and the person who is, at that time, the [F2non-resident parent]; or

[F24(aa)a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or]

[F25(ab)a maintenance agreement—

(i)made on or after the date prescribed for the purposes of paragraph (a); and

(ii)registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made;] F26...

F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

5 Child support maintenance: supplemental provisions.E+W+S

(1)Where—

(a)there is more than one person with care of a qualifying child; and

(b)one or more, but not all, of them have parental responsibility for F28... the child;

no application may be made for a [F3maintenance calculation] with respect to the child by any of those persons who do not have parental responsibility for F28... the child.

(2)Where more than one application for a [F3maintenance calculation] is made with respect to the child concerned, only one of them may be proceeded with.

(3)The Secretary of State may by regulations make provision as to which of two or more applications for a [F3maintenance calculation] with respect to the same child is to be proceeded with.

F296 Applications by those claiming or receiving benefit.E+W+S

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

7 Right of child in Scotland to apply for [F1calculation].S

(1)A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the [F30Commission] for a [F3maintenance calculation] to be made with respect to him if—

(a)no such application has been made by a person who is, with respect to that child, a person with care or [F2a non-resident parent]; F31...

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An application made under subsection (1) shall authorise the [F32Commission] to make a [F3maintenance calculation] with respect to any other children of the [F2non-resident parent] who are qualifying children in the care of the same person as the child making the application.

(3)Where a [F3maintenance calculation] has been made in response to an application under this section the [F33Commission] may, if the person with care, the [F2non-resident parent] with respect to whom the [F1calculation] was made or the child concerned applies to [F34it] under this subsection, arrange for—

(a)the collection of the child support maintenance payable in accordance with the [F1calculation];

(b)the enforcement of the obligation to pay child support maintenance in accordance with the [F1calculation].

(4)Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the [F35Commission] to take steps to enforce that obligation whenever [F36it] considers it necessary to do so, the [F35Commission] may act accordingly.

(5)Where a child has asked the [F37Commission] to proceed under this section, the person with care of the child, the [F2non-resident parent] and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the [F37Commission] F38... being provided with the information which is required to enable—

(a)the [F2non-resident parent] to be traced (where that is necessary);

(b)the amount of child support maintenance payable by the [F2non-resident parent] to be assessed; and

(c)that amount to be recovered from the [F2non-resident parent].

(6)The child who has made the application (but not the person having care of him) may at any time request the [F39Commission] to cease acting under this section.

(7)It shall be the duty of the [F40Commission] to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).

(8)The obligation to provide information which is imposed by subsection (5)—

(a)shall not apply in such circumstances as may be prescribed by the Secretary of State; and

(b)may, in such circumstances as may be so prescribed, be waived by the [F41Commission].

(9)The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

[F42(10)No application may be made at any time under this section by a qualifying child if

[F43(a)]there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F44made before a prescribed date], in respect of that child and the person who is, at that time, the [F2non-resident parent] [F45or

(b)a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made][F46; or

(c)a maintenance agreement—

(i)made on or after the date prescribed for the purposes of paragraph (a); and

(ii)registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.]]

8 Role of the courts with respect to maintenance for children.E+W+S

(1)This subsection applies in any case where [F47the [F48Commission]] would have jurisdiction to make a [F3maintenance calculation] with respect to a qualifying child and [F2a non-resident parent] of his on an application duly made F49... by a person entitled to apply for such [F1a calculation] with respect to that child.

(2)Subsection (1) applies even though the circumstances of the case are such that [F47the [F48Commission]] would not make [F1a calculation] if it were applied for.

(3)[F50Except as provided in subsection (3A),] in any case where subsection (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and [F2non-resident parent] concerned.

[F51(3A)Unless a maintenance calculation has been made with respect to the child concerned, subsection (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—

(a)if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or

(b)where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.]

(4)Subsection (3) does not prevent a court from revoking a maintenance order.

(5)The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)a written agreement (whether or not enforceable) provides for the making, or securing, by [F2a non-resident parent] of the child of periodical payments to or for the benefit of the child; and

(b)the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

[F52(5A)The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.]

(6)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)a [F3maintenance calculation] is in force with respect to the child;

[F53(b)the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and]

(c)the court is satisfied that the circumstances of the case make it appropriate for the [F2non-resident parent] to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the [F3maintenance calculation].

(7)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

(b)the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

(8)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a)a disability living allowance is paid to or in respect of him; or

(b)no such allowance is paid but he is disabled,

and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child’s disability.

(9)For the purposes of subsection (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.

(10)This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.

(11)In this Act “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—

(a)Part II of the M2Matrimonial Causes Act 1973;

(b)the M3Domestic Proceedings and Magistrates’ Courts Act 1978;

(c)Part III of the M4Matrimonial and Family Proceedings Act 1984;

(d)the M5Family Law (Scotland) Act 1985;

(e)Schedule 1 to the M6Children Act 1989; F54...

[F55(ea)Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or]

(f)any other prescribed enactment,

and includes any order varying or reviving such an order.

[F56(12)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

9 Agreements about maintenance.E+W+S

(1)In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.

(2)Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.

(3)[F57Subject to section 4(10)(a) [F58and (ab)] and section 7(10),] the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a [F3maintenance calculation] with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

(4)Where any agreement contains a provision which purports to restrict the right of any person to apply for a [F3maintenance calculation], that provision shall be void.

(5)Where section 8 would prevent any court from making a maintenance order in relation to a child and [F2a non-resident parent] of his, no court shall exercise any power that it has to vary any agreement so as—

(a)to insert a provision requiring that [F2non-resident parent] to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or

(b)to increase the amount payable under such a provision.

[F59(6)In any case in which section 4(10) or 7(10) prevents the making of an application for a [F3maintenance calculation], F60... subsection (5) shall have effect with the omission of paragraph (b).]

10 Relationship between maintenance [F1calculations] and certain court orders and related matters.E+W+S

(1)Where an order of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a [F3maintenance calculation] is made, the order—

(a)shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or

(b)where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(2)Where an agreement of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a [F3maintenance calculation] is made, the agreement—

(a)shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or

(b)where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(3)Any regulations under this section may, in particular, make such provision with respect to—

(a)any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the [F3maintenance calculation] and of the provisions of this Act;

(b)the recovery of any arrears under the order or agreement which fell due before the coming into force of the [F3maintenance calculation],

as the Secretary of State considers appropriate and may provide that, in prescribed circumstances, an application to any court which is made with respect to an order of a prescribed kind relating to the making or securing of periodical payments to or for the benefit of a child shall be treated by the court as an application for the order to be revoked.

(4)The Secretary of State may by regulations make provision for—

(a)notification to be given by [F61the [F62Commission]] to the prescribed person in any case where [F63it] considers that the making of a [F3maintenance calculation] has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;

(b)notification to be given by the prescribed person to the [F62Commission] in any case where a court makes an order which it considers has affected, or is likely to affect, a [F3maintenance calculation].

(5)Rules may be made under section 144 of the M7Magistrates’ Courts Act 1980 (rules of procedure) requiring any person who, in prescribed circumstances, makes an application to a magistrates’ court for a maintenance order to furnish the court with a statement in a prescribed form, and signed by [F64an officer of the [F65Commission]], as to whether or not, at the time when the statement is made, there is a [F3maintenance calculation] in force with respect to that person or the child concerned.

In this subsection—

• “maintenance order” means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and

• “prescribed” means prescribed by the rules.

Maintenance [F1calculations]E+W+S

[F6611 Maintenance calculations.E+W+S

(1)An application for a maintenance calculation made to the [F67Commission] shall be dealt with by [F68it] in accordance with the provision made by or under this Act.

(2)The [F69Commission] shall (unless [F70it] decides not to make a maintenance calculation in response to the application, or makes a decision under section 12) determine the application by making a decision under this section about whether any child support maintenance is payable and, if so, how much.

F71(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The amount of child support maintenance to be fixed by a maintenance calculation shall be determined in accordance with Part I of Schedule 1 unless an application for a variation has been made and agreed.

(7)If the [F72Commission] has agreed to a variation, the amount of child support maintenance to be fixed shall be determined on the basis [F73it] determines under section 28F(4).

(8)Part II of Schedule 1 makes further provision with respect to maintenance calculations.]

[F7412 Default and interim maintenance decisions.E+W+S

(1)Where the [F75Commission]—

(a)is required to make a maintenance calculation; or

(b)is proposing to make a decision under section 16 or 17,

and it appears to [F76the Commission] that [F77it] does not have sufficient information to enable [F76it] to do so, [F77it] may make a default maintenance decision.

(2)Where an application for a variation has been made under section 28A(1) in connection with an application for a maintenance calculation F78... , the [F79Commission] may make an interim maintenance decision.

(3)The amount of child support maintenance fixed by an interim maintenance decision shall be determined in accordance with Part I of Schedule 1.

(4)The Secretary of State may by regulations make provision as to default and interim maintenance decisions.

(5)The regulations may, in particular, make provision as to—

(a)the procedure to be followed in making a default or an interim maintenance decision; and

(b)a default rate of child support maintenance to apply where a default maintenance decision is made.]

Child support officersE+W+S

F8013 Child support officers.E+W+S

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

InformationE+W+S

14 Information required by [F81Commission].E+W+S

(1)The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application [F82made] F83... under this Act, or any question arising in connection with such an application F83... [F84, or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,] or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—

(a)by such persons as may be determined in accordance with regulations made by the Secretary of State; and

(b)in accordance with the regulations.

[F85(1A)Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.]

F86(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may by regulations make provision authorising the disclosure by [F87the Commission] F88... , in such circumstances as may be prescribed, of such information held by [F87the Commission] for purposes of this Act as may be prescribed.

(4)The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the [F89Commission]) shall have effect.

[F9014A Information—offences.E+W+S

(1)This section applies to—

(a)persons who are required to comply with regulations under section 4(4) or 7(5); and

(b)persons specified in regulations under section 14(1)(a).

(2)Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—

(a)he makes a statement or representation which he knows to be false; or

(b)he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

(3)Such a person is guilty of an offence if, following such a request, he fails to comply with it.

[F91(3A)In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify a change of address, a person who fails to comply with the requirement is guilty of an offence.]

(4)It is a defence for a person charged with an offence under subsection (3) [F92or (3A)] to prove that he had a reasonable excuse for failing to comply.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

15 Powers of inspectors.E+W+S

[F93(1)The [F94Commission] may appoint, on such terms as [F95it] thinks fit, persons to act as inspectors under this section.

(2)The function of inspectors is to acquire information which the [F96Commission] needs for any of the purposes of this Act.

(3)Every inspector is to be given a certificate of his appointment.

(4)An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—

(a)are liable to inspection under this section; and

(b)are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,

and may there make such examination and inquiry as he considers appropriate.

(4A)Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—

(a)premises at which a non-resident parent is or has been employed;

(b)premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;

(c)premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.]

(5)An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

(6)If required to do so by an inspector exercising his powers, [F97any such person] shall furnish to the inspector all such information and documents as the inspector may reasonably require.

(7)No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married [F98or is a civil partner], his or her spouse [F99or civil partner].

(8)On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

(9)If any person—

(a)intentionally delays or obstructs any inspector exercising his powers; or

(b)without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10)In this section—

• “certificate” means a certificate of appointment issued under this section;

• “inspector” means an inspector appointed under this section;

• “powers” means powers conferred by this section; F100...

• F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F101(11)In this section, “premises” includes—

(a)moveable structures and vehicles, vessels, aircraft and hovercraft;

(b)installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

(c)places of all other descriptions whether or not occupied as land or otherwise,

and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.]

Reviews and appealsU.K.

[F10216Revision of decisionsE+W+S

(1)Any decision [F103to which subsection (1A) applies] may be revised by the [F104Commission]—

(a)either within the prescribed period or in prescribed cases or circumstances; and

(b)either on an application made for the purpose or on [F105its] own initiative;

and regulations may prescribe the procedure by which a decision of the [F104Commission] may be so revised.

[F106(1A)This subsection applies to—

(a)a decision of the [F104Commission] under section 11, 12 or 17;

F107(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a decision of [F108the First-tier Tribunal] on a referral under section 28D(1)(b).

(1B)Where the [F104Commission] revises a decision under section 12(1)—

(a)[F109it] may (if appropriate) do so as if [F109it] were revising a decision under section 11; and

(b)if [F109it] does that, [F105its] decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).]

(2)In making a decision under subsection (1), the [F104Commission] need not consider any issue that is not raised by the application or, as the case may be, did not cause [F110it] to act on [F105its] own initiative.

(3)Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

(4)Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

(5)Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6)Except in prescribed circumstances, an appeal against a decision of the [F104Commission] shall lapse if the decision is revised under this section before the appeal is determined.]

[F11117Decisions superseding earlier decisionsE+W+S

(1)Subject to subsection (2), the following, namely—

(a)any decision of the [F112Commission] under section 11 or 12 or this section, whether as originally made or as revised under section 16;

(b)any decision of [F113the First-tier Tribunal] under section 20; F114...

F115(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F116(d)any decision of [F117the First-tier Tribunal] on a referral under section 28D(1)(b);

(e)any decision of [F118the Upper Tribunal] on an appeal from such a decision as is mentioned in paragraph (b) or (d)],

may be superseded by a decision made by the [F112Commission], either on an application made for the purpose or on [F119its] own initiative.

(2)In making a decision under subsection (1), the [F112Commission] need not consider any issue that is not raised by the application or, as the case may be, did not cause [F120it] to act on [F119its] own initiative.

(3)Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

[F121(4)Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.

(4A)In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the [F112Commission] under section 11 or (if earlier) [F119its] first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.]

(5)Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.]

F11118 Reviews of decisions of child support officers.E+W+S

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

F11119 Reviews at instigation of child support officers.E+W+S

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

[F12220 Appeals to [F123First-tier Tribunal].E+W+S

(1)A qualifying person has a right of appeal to [F124the First-tier Tribunal] against—

(a)a decision of the [F125Commission] under section 11, 12 or 17 (whether as originally made or as revised under section 16);

(b)a decision of the [F126Commission] not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;

F127(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

(e)the imposition (by virtue of section 47) of a requirement to pay fees.

(2)In subsection (1), “qualifying person” means—

(a)in relation to paragraphs (a) and (b)—

(i)the person with care, or non-resident parent, with respect to whom the [F128Commission] made the decision, or

(ii)in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;

F129(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in relation to paragraph (d), the parent who has been required to make penalty payments; and

(d)in relation to paragraph (e), the person required to pay fees.

(3)A person with a right of appeal under this section shall be given such notice as may be prescribed of—

(a)that right; and

(b)the relevant decision, or the imposition of the requirement.

(4)Regulations may make—

(a)provision as to the manner in which, and the time within which, appeals are to be brought; F130...

F130(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

F131(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In deciding an appeal under this section, [F132the First-tier Tribunal]—

(a)need not consider any issue that is not raised by the appeal; and

(b)shall not take into account any circumstances not obtaining at the time when the [F133Commission] made the decision or imposed the requirement.

(8)If an appeal under this section is allowed, the [F134First-tier Tribunal] may—

(a)itself make such decision as it considers appropriate; or

(b)remit the case to the [F135Commission], together with such directions (if any) as it considers appropriate.]

F13620A Lapse of appeals.U.K.

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

F13621 Child support appeal tribunals.E+W+S

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

F13722 Child Support Commissioners.E+W+S

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

23 Child Support Commissioners for Northern Ireland.U.K.

(1)Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and such number of other Child Support Commissioners for Northern Ireland as she may think fit.

(2)The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than [F1387] years’ standing.

(3)Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland F139...

F140(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14123A Redetermination of appeals.U.K.

(1)This section applies where an application is made [F142to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 20].

F143(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, [F144the First-tier Tribunal] shall set aside the decision and refer the case for determination by a differently constituted [F145First-tier Tribunal].

(4)The “principal parties” are—

[F146(za)the Commission;]

(a)the Secretary of State; and

(b)those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.]

24[F147Appeals to Upper Tribunal]E+W+S

[F148(1)Each of the following may appeal [F149to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under section 20 of this Act]—

(a)the Commission,

(b)the Secretary of State, and

(c)any person who is aggrieved by the decision of an appeal tribunal.]

F150(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F151(2)Where a question which would otherwise fall to be determined by the Commission or the Secretary of State under this Act first arises in the course of an appeal to the Upper Tribunal, that tribunal may, if it thinks fit, determine the question even though it has not been considered by the Commission or the Secretary of State.]

F15225 Appeal from Child Support Commissioner on question of law.E+W+S

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

26 Disputes about parentage.E+W+S

(1)Where a person who is alleged to be a parent of the child with respect to whom an application for a [F3maintenance calculation] has been made F153... (“the alleged parent”) denies that he is one of the child’s parents, [F154the [F155Commission]] shall not make a [F3maintenance calculation] on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).

(2)The Cases are —

• [F156Case A1

  Where—

  (a)

  the child is habitually resident in England and Wales;

  (b)

  the [F155Commission] is satisfied that the alleged parent was married to the child’s mother at some time in the period beginning with the conception and ending with the birth of the child; and

  (c)

  the child has not been adopted.

• Case A2

  Where—

  (a)

  the child is habitually resident in England and Wales;

  (b)

  the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and

  (c)

  the child has not subsequently been adopted.

• Case A3

  Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—

  (a)

  refuses to take such a test; or

  (b)

  has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child.]

• Case A

  Where the alleged parent is a parent of the child in question by virtue of having adopted him.

• [F157Case B

  Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders).]

• [F157Case B1

  Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of the Human Fertilisation and Embryology Act 1990 or any of sections 33 to 46 of the Human Fertilisation and Embryology Act 2008 (which relate to children resulting from assisted reproduction).]

• Case C

  Where—

  (a)

  either—

  (i)

  a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section [F15855A or] 56 of the M8Family Law Act 1986 [F159or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] (declarations of parentage); or

  (ii)

  a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and

  (b)

  the child has not subsequently been adopted.

• Case D

  F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Case E

  Where—

  (a)

  the child is habitually resident in Scotland;

  (b)

  [F161the [F155Commission]] is satisfied that one or other of the presumptions set out in section 5(1) of the M9Law Reform (Parent and Child) (Scotland) Act 1986 applies; and

  (c)

  the child has not subsequently been adopted.

• Case F

  Where—

  (a)

  the alleged parent has been found, or adjudged, to be the father of the child in question—

  (i)

  in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the M10Civil Evidence Act 1968 [F162or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971]; or

  (ii)

  in affiliation proceedings before any court in the United Kingdom,

  (whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and

  (b)

  the child has not subsequently been adopted.

(3)In this section—

• “adopted” means adopted within the meaning of Part IV of the M11Adoption Act 1976 [F163or Chapter 4 of Part 1 of the Adoption and Children Act 2002] or, in relation to Scotland, Part IV of the M12Adoption (Scotland) Act 1978; and

• “affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.

[F16427 Applications for declaration of parentage under Family Law Act 1986.E+W

(1)This section applies where—

(a)an application for a maintenance calculation has been made F165... , or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made F165... ;

(b)the [F166Commission] is not satisfied that the case falls within one of those set out in section 26(2); and

(c)the [F166Commission] or the person with care makes an application for a declaration under section 55A of the Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.

(2)Where this section applies—

(a)if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and

(b)if it is the [F166Commission] who makes the application, that subsection shall not apply.

(3)This section does not apply to Scotland.]

[F16727A Recovery of fees for scientific tests.U.K.

(1)This section applies in any case where—

(a)an application for a [F3maintenance calculation] has been made F168... or a [F3maintenance calculation] is in force;

(b)scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or [F1calculation] is made F169... ;

(c)the results of the tests do not exclude the alleged parent from being one of the child’s parents; and

(d)one of the conditions set out in subsection (2) is satisfied.

(2)The conditions are that—

(a)the alleged parent does not deny that he is one of the child’s parents;

(b)in proceedings under [F170section 55A of the Family Law Act 1986], a court has made a declaration that the alleged parent is a parent of the child in question; or

(c)in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the [F171Commission] by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.

(3)In any case to which this section applies, any fee paid by the [F171Commission] in connection with scientific tests may be recovered by [F172it] from the alleged parent as a debt due to the Crown.

(4)In this section—

• “bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

• “direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);

• “request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); and

• “scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

(5)Any sum recovered by the [F171Commission] under this section shall be paid by [F172it] into the Consolidated Fund.]

28 Power of [F173Commission] to initiate or defend actions of declarator: Scotland.S

[F174(1)Subsection (1A) applies in any case where—

(a)an application for a [F3maintenance calculation] has been made F175... , or a [F3maintenance calculation] is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application [F176was made F175... or the calculation was made]; and

(b)[F177the [F173Commission]] is not satisfied that the case falls within one of those set out in section 26(2).

(1A)In any case where this subsection applies, the [F173Commission] may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.]

(2)The [F173Commission] may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a [F3maintenance calculation] [F178or in a [F3maintenance calculation] which is in force].

(3)This section applies to Scotland only.

[F179Decisions and appeals dependent on other casesU.K.

28ZADecisions involving issues that arise on appeal in other casesU.K.

(1)This section applies where—

(a)a decision by the [F180Commission] falls to be made under section 11, 12, 16 or 17 F181... ; and

[F182(b)an appeal is pending against a decision given in relation to a different matter by [F183the Upper Tribunal] or a court.]

(2)If the [F180Commission] considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a)[F184it] need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b)[F184it] may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3)Where the [F180Commission] acts in accordance with subsection (2)(b), following the determination of the appeal [F184it] shall if appropriate revise [F185its] decision (under section 16) in accordance with that determination.

(4)For the purposes of this section, an appeal against a decision is pending if—

(a)an appeal against the decision has been brought but not determined;

(b)an application for leave to appeal against the decision has been made but not determined; or

(c)in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5)In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—

(a)an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(b)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

28ZBAppeals involving issues that arise on appeal in other casesU.K.

(1)This section applies where—

[F186(a)an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to [F187the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal];] and

(b)an appeal (“appeal B”) is pending against a decision given in a different case by [F188the Upper Tribunal] or a court.

(2)If the [F189Commission] considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, [F190the Commission] may serve notice requiring the [F191First-tier Tribunal or Upper Tribunal]—

(a)not to determine appeal A but to refer it to [F192the Commission]; or

(b)to deal with the appeal in accordance with subsection (4).

(3)Where appeal A is referred to the [F189Commission] under subsection (2)(a), following the determination of appeal B and in accordance with that determination, [F190the Commission] shall if appropriate—

(a)in a case where appeal A has not been determined by the [F193First-tier Tribunal], revise (under section 16) [F194its] decision which gave rise to that appeal; or

(b)in a case where appeal A has been determined by the [F195First-tier Tribunal], make a decision (under section 17) superseding the tribunal’s decision.

(4)Where appeal A is to be dealt with in accordance with this subsection, the [F196First-tier Tribunal or Upper Tribunal] shall either—

(a)stay appeal A until appeal B is determined; or

(b)if the [F197First-tier Tribunal or Upper Tribunal] considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i)appeal B had already been determined; and

(ii)the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision [F198or the imposition of the requirement] mentioned in subsection (1)(a).

(5)Where the [F199First-tier Tribunal or Upper Tribunal] acts in accordance with subsection (4)(b), following the determination of appeal B the [F189Commission] shall, if appropriate, make a decision (under section 17) superseding the decision of the [F200First-tier Tribunal or Upper Tribunal] in accordance with that determination.

(6)For the purposes of this section, an appeal against a decision is pending if—

(a)an appeal against the decision has been brought but not determined;

(b)an application for leave to appeal against the decision has been made but not determined; or

(c)in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(7)In this section—

(a)the reference in subsection (1)(a) to an appeal to [F201the Upper Tribunal] includes a reference to an application for leave to appeal to [F201the Upper Tribunal]; and

(b)any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—

(i)an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(ii)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(8)Regulations may make provision supplementing that made by this section.]

[F202Cases of errorU.K.

28ZCRestrictions on liability in certain cases of errorU.K.

(1)Subject to subsection (2), this section applies where—

(a)the effect of the determination, whenever made, of an appeal to [F203the Upper Tribunal] or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

(b)after the date of the relevant determination a decision falls to be made by the [F204Commission] in accordance with that determination (or would, apart from this section, fall to be so made)—

(i)with respect to an application for a [F3maintenance calculation] (made after the commencement date) F205... ;

(ii)as to whether to revise, under section 16, [F206any decision (made after the commencement date) referred to in section 16(1A)]; or

(iii)on an application under section 17 (made after the commencement date) for [F207any decision (made after the commencement date) referred to in section 17(1)].

(2)This section does not apply where the decision of the [F204Commission] mentioned in subsection (1)(b)—

(a)is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or

(b)is one made in pursuance of section 28ZB(3) or (5).

(3)In so far as the decision relates to a person’s liability F208... in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the [F209Upper Tribunal] or court not to have been erroneous in point of law.

(4)Subsection (1)(a) shall be read as including a case where—

(a)the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

(b)the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

(5)It is immaterial for the purposes of subsection (1)—

(a)where such a decision as is mentioned in paragraph (b)(i) falls to be made; or

(b)where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,

whether the application was made before or after the date of the relevant determination.

(6)In this section—

• “adjudicating authority” means the [F204Commission], or a child support officer [F210or, in the case of a decision made on a referral under section 28D(1)(b), [F211the First-tier Tribunal]];

• “the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and

• “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the House of Lords or the Court of Justice of the European Community.

(7)The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.

(8)Regulations made under subsection (7) may include provision—

(a)for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or [F212the Upper Tribunal]; or

(b)for a determination of a lower court or [F213the Upper Tribunal] to be treated as if it had been made on the date of a determination of a higher court.

28ZDCorrection of errors and setting aside of decisionsU.K.

(1)Regulations may make provision with respect to—

(a)the correction of accidental errors in any decision [F214of the Secretary of State] or record of a decision [F214of the Secretary of State] given under this Act; F215...