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The Child Maintenance and Other Payments Act 2008 (Commencement) Order 2008

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Child Maintenance and Other Payments Act 2008 as follows:

Article 2 brings into force certain provision in Part 1 (Child Maintenance and Enforcement Commission), Part 3 (child support) and Part 5 (general).

Section 1 is brought into force on 10th June for the purpose only of conferring power to make appointments to the Commission. The requirement for the Commission to comprise one or more executive directors is excluded for that purpose.

Section 15(b) (which repeals section 46 of the Child Support Act 1991) and associated repeals come into force on 14th July 2008. Section 15(a) (which repeals section 6 of the Child Support Act 1991) and associated repeals also come into force on 14th July 2008 except for existing cases.

Section 45 (which amends provisions relating to liable relatives in the Social Security Administration Act 1992 so that they do not apply in relation to children), together with the repeal of s106(7) of that Act, come into force on 14th July 2008.

Certain provisions in Part 5 (General) come into force on 10th June 2008.

Article 3 brings into force the provisions in Part 4 (Lumps sum payments: mesothelioma etc.).

10th June 2008 is the day appointed for the coming into force of the powers listed in the Schedule to the Order, for the purposes of conferring power to make regulations. The Regulations relate to lump sum payments for mesothelioma and enable provision to be made for making claims and applications for reconsideration of decisions. 10th June 2008 is also the day appointed for the coming into force of section 54 of the Act which amends the Social Security (Recovery of Benefits) Act 1997, so that Regulations may provide for the recovery of lump sum payments.

1st October 2008 is the day appointed for the coming into force of sections 46 to 54 of the Act (lump sum payments: mesothelioma etc) insofar as they have not already been commenced.

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