2012 No. 2523 (C. 101)

Family LawChild Support
Social Security

The Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012

Made

The Secretary of State for Work and Pensions, in exercise of the powers conferred by section 62(3) of the Child Maintenance and Other Payments Act 20081 and section 61(3) of the Welfare Reform Act 20092, makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 9) and the Welfare Reform Act 2009 (Commencement No. 9) Order 2012.

2

In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.

Commencement date2

1

The following provisions come into force on 8th October 2012—

a

section 37 (additional special case);

b

section 41 (pilot schemes);

c

section 57(1) and paragraph 1(1) of Schedule 7, so far as relating to the paragraph referred to in sub-paragraph (d);

d

paragraph 1(24), (30) and (31) of Schedule 7 (minor and consequential amendments); and

e

sections 54 (payments of child support maintenance) and 55(1) and (2) (offences relating to information) of the Welfare Reform Act 2009, in so far as they are not already in force.

2

The following provisions come into force, for the purpose only of making regulations, on 8th October 2012—

a

section 16 (changes to the calculation of maintenance) and paragraph 1 of Schedule 4 (introductory), so far as relating to the paragraphs referred to in sub-paragraph (b);

b

paragraphs 2, 5(2) and 7 to 9 of Schedule 4 (changes to the calculation of maintenance);

c

section 17 (power to regulate supersession);

d

sections 32 (power to accept part payment of arrears in full and final satisfaction) and 33 (power to write off arrears);

e

section 42 (meaning of child);

f

section 58, so far as relating to the entry referred to in sub-paragraph (g); and

g

the entry in Schedule 8 (repeals) relating to Schedule 1 to the Child Support Act 19913.

Signed by authority of the Secretary of State for Work and Pensions.

Steve WebbMinister of State,Department for Work and Pensions
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 (c. 6) and the Welfare Reform Act 2009 (c. 24).

Article 2(1) brings into force the provisions listed, in so far as they are not already in force, on 8th October 2012. Article 2(2) brings into force the provisions listed on 8th October 2012 for the purpose only of making regulations.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Child Maintenance and Other Payments Act 2008 have been brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.I. No.

section 1 (partially)

10th June 2008

2008/1476

section 1 (for all other purposes)

24th July 2008

2008/2033

section 2

24th July 2008

2008/2033

section 3 (partially)

24th July 2008

2008/2033

section 3 (for all other purposes)

1st November 2008

2008/2675

section 4

24th July 2008

2008/2033

section 5

24th July 2008

2008/2033

section 6

24th July 2008

2008/2033

section 7

24th July 2008

2008/2033

section 8

24th July 2008

2008/2033

section 9

24th July 2008

2008/2033

section 10

24th July 2008

2008/2033

section 11

24th July 2008

2008/2033

section 12

24th July 2008

2008/2033

section 13

1st November 2008

2008/2675

section 14

1st November 2008

2008/2675

section 15 (partially)

14th July 2008

2008/1476

section 15 (for all other purposes)

27th October 2008

2008/2548

section 20 (partially)

26th September 2008

2008/2548

section 20 (for all other purposes)

27th October 2008

2008/2548

section 22 (partially)

1st June 2009

2009/1314

section 22 (for all other purposes)

3rd August 2009

2009/1314

section 23 (partially)

1st June 2009

2009/1314

section 23 (for all other purposes)

3rd August 2009

2009/1314

section 24

6th April 2010

2010/697

section 31 (partially)

26th November 2009

2009/3072

section 31 (for all other purposes)

25th January 2010

2009/3072

section 36 (partially)

26th September 2008

2008/2548

section 36 (for all other purposes)

27th October 2008

2008/2548

section 38

26th November 2009

2009/3072

section 43

5th August 2008

2008/2033

section 44

1st November 2008

2008/2675

section 45

14th July 2008

2008/1476

section 46 (partially)

10th June 2008

2008/1476

section 46 (for all other purposes)

1st October 2008

2008/1476

section 47 (partially)

10th June 2008

2008/1476

section 47 (for all other purposes)

1st October 2008

2008/1476

section 48 (partially)

10th June 2008

2008/1476

section 48 (for all other purposes)

1st October 2008

2008/1476

section 49 (partially)

10th June 2008

2008/1476

section 49 (for all other purposes)

1st October 2008

2008/1476

section 50 (partially)

10th June 2008

2008/1476

section 50 (for all other purposes)

1st October 2008

2008/1476

section 51

1st October 2008

2008/1476

section 52

1st October 2008

2008/1476

section 53 (partially)

10th June 2008

2008/1476

section 53 (for all other purposes)

1st October 2008

2008/1476

section 54 (partially)

10th June 2008

2008/1476

section 54 (for all other purposes)

1st October 2008

2008/1476

section 56

10th June 2008

2008/1476

section 57(1) (partially)

27th October 2008

2008/2548

section 57(1) (partially)

1st November 2008

2008/2675

section 57(1) (partially)

1st June 2009

2009/1314

section 57(1) (partially)

3rd August 2009

2009/1314

section 57(2)

10th June 2008

2008/1476

section 58 (partially)

14th July 2008

2008/1476

section 58 (partially)

27th October 2008

2008/2548

section 58 (partially)

1st November 2008

2008/2675

section 58 (partially)

1st June 2009

2009/1314

section 59

10th June 2008

2008/1476

section 60(1)

10th June 2008

2008/1476

Schedule 1 (partially)

10th June 2008

2008/1476

Schedule 1 (for all other purposes)

24th July 2008

2008/2033

Schedule 2

1st November 2008

2008/2675

Schedule 3 (partially)

See article 2(a) of Commencement Order No. 44

2008/2675

Schedule 3 (for all other purposes)

1st November 2008

2008/2675

Schedule 6

1st November 2008

2008/2675

Schedule 7 (partially)

14th July 2008

2008/1476

Schedule 7 (partially)

27th October 2008

2008/2548

Schedule 7 (partially)

1st November 2008

2008/2675

Schedule 7 (partially)

1st June 2009

2009/1314

Schedule 7 (partially)

3rd August 2009

2009/1314

Schedule 7 (partially)

6th April 2010

2010/697

Schedule 7 (partially)

27th June 2012

2012/1649

Schedule 8 (partially)

14th July 2008

2008/1476

Schedule 8 (partially)

27th October 2008

2008/2548

Schedule 8 (partially)

1st November 2008

2008/2675

Schedule 8 (partially)

1st June 2009

2009/1314

The following provisions of the Welfare Reform Act 2009 have been brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.I. No.

section 3(1) (partially)

21st May 2012

2012/1256

section 3(2) and (5) (partially)

6th October 2011

2011/2427

section 3(2) and (5) (for all other purposes)

31st October 2011

2011/2427

section 3(3)

31st October 2011

2011/2427

section 10

10th February 2010

2010/293

section 12(1) and (3)

1st October 2010

2010/2377

section 12(2), (4) and (6)

1st November 2010

2010/2377

section 12(5) (partially)

29th November 2011

2011/2857

section 13 (partially)

1st October 2010

2010/2377

section 13 (partially)

1st November 2010

2010/2377

section 13 (for all other purposes)

29th November 2011

2011/2857

section 14 (partially)

11th April 2010

2010/293

section 14 (partially)

15th October 2010

2010/293

section 14 (for all other purposes)

11th April 2011

2010/293

section 24 (partially)

12th January 2010

2010/45

section 24 (for all other purposes)

1st April 2010

2010/45

section 26

22nd March 2010

2010/293

section 29

19th January 2012

2012/68

section 32(1) and (2) (partially)

9th March 2011

2011/682

section 33 (partially)

10th February 2010

2010/293

section 33 (for all other purposes)

6th April 2010

2010/293

section 35

10th February 2010

2010/293

section 55 (partially)

14th January 2010

2010/45

section 56 (partially)

28th May 2012

2012/1256

section 58(1) (partially)

22nd March 2010

2010/293

section 58(1) (partially)

1st April 2010

2010/293

Schedule 4 (partially)

12th January 2010

2010/45

Schedule 4 (for all other purposes)

1st April 2010

2010/45

Schedule 6 (partially)

28th May 2012

2012/1256

Schedule 7 (partially)

22nd March 2010

2010/293

Schedule 7 (partially)

1st April 2010

2010/293