Child Maintenance and Other Payments Act 2008 (Version in vigour from 2018-12-14 to )

Consolidated Text

As Enacted

Cited authorities 1

Cited in

Currency	No known outstanding effects
Coming into Force	14 December 2018

(1) The Secretary of State may by regulations make provision about the charging of fees by the ^F6Secretary of State in connection with the exercise of its functions.about when a fee may be charged;about the amount which may be charged;for the supply of information needed for the purpose of determining the amount which may be charged;about who is liable to pay any fee charged^F111(including provision for the apportionment of fees and the matters to be taken into account in determining an apportionment) ;about when any fee charged is payable;about the recovery of fees charged;about

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Contenidos

Child Maintenance and Other Payments Act 2008
Part 1: The Child Maintenance and Enforcement Commission

1: The Child Maintenance and Enforcement Commission
2: Objectives of the Commission
3: Functions of the Commission: general
4: Promotion of child maintenance
5: Provision of information and guidance
6: Fees

7: Agency arrangements and provision of services
8: Contracting out

9: Annual report to Secretary of State
10: Directions and guidance
11: Review of the status of the Commission
12: Supplementary provisions

Part 2: Transfer of child support functions etc. to the Commission

13: Transfer of child support functions
14: Transfer of property, rights and liabilities

Part 3: Child support etc.

Removal of compulsion for benefit claimants

15: Repeal of sections 6 and 46: The following provisions of the Child Support Act 1991 (c. 48) cease to have effect—

Maintenance calculations

16: Changes to the calculation of maintenance
17: Power to regulate supersession
18: Determination of applications for a variation
19: Transfer of cases to new rules

Collection and enforcement

20: Use of deduction from earnings orders as basic method of payment
21: Deduction from earnings orders: the liable person's earnings
22: Orders for regular deductions from accounts
23: Lump sum deduction orders
24: Orders preventing avoidance
25: Administrative liability orders
26: Enforcement in county courts
27: Disqualification for holding or obtaining travel authorisation
28: Curfew orders
29: Commitment to prison
30: Disqualification for driving

Debt management powers

31: Power to treat liability as satisfied
32: Power to accept part payment of arrears in full and final satisfaction
33: Power to write off arrears
34: Transfer of arrears

Miscellaneous

35: Registered maintenance agreements: Scotland
36: Offence of failing to notify change of address
37: Additional special case
38: Recovery of arrears from deceased's estate
39: Disclosure of information relating to family proceedings
40: Disclosure of information to credit reference agencies
41: Pilot schemes
42: Meaning of “child”
43: Extinction of liability in respect of interest and fees: Any outstanding liability in respect of the following is extinguished—
44: Use of information
45: Liable relative provisions: exclusion of parental duty to maintain

Part 4: Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments

46: Lump sum payments
47: Conditions of entitlement
48: Determination of claims
49: Reconsideration
50: Appeal to First-tier Tribunal
51: Appeal to Social Security Commissioner
52: Minors and people who lack capacity
53: Regulations: Part 4

Recovery of mesothelioma and other lump sum payments

54: Amendment of Social Security (Recovery of Benefits) Act 1997

Part 5: General

55: Regulations and orders: general

56: General interpretation

57: Minor and consequential amendments

58: Repeals
59: Transition

60: Financial provisions

61: Extent

62: Commencement

63: Citation

SCHEDULES

SCHEDULE 1

Constitution of the Commission
Appointment of a person to chair the Commission
Appointment of directors
Terms of appointment and tenure of members
Remuneration etc. of non-executive members
Appointment of deputy chair
Staff
Committees
Procedure
Delegation
Instruments
Finance
Accounts and audit
Non-executive functions committee
Supplementary powers
Status of the Commission
Validity
Public records
Investigation by Parliamentary Commissioner
Civil service pensions
House of Commons disqualification
Northern Ireland Assembly disqualification
Freedom of information
Interpretation

SCHEDULE 2
SCHEDULE 3 Section 13
Transfer of child support functions

Part 1: Consequential amendments
Part 2: Transitional provision and savings

SCHEDULE 4 Section 16
Changes to the calculation of maintenance

Introductory
Calculation by reference to gross weekly income
Change to basic rate
Increase in flat rate and minimum amounts of liability
Applicable rate where non-resident parent party to other maintenance arrangement
Shared care
Weekly income

SCHEDULE 5 Section 19
Maintenance calculations: transfer of cases to new rules

Power to require a decision about whether to stay in the statutory scheme
Effect on accrual of liability of exercise of power under paragraph 1
Additional powers
Interpretation

SCHEDULE 6

Powers in relation to use of information
Interpretation

SCHEDULE 7 Section 57
Minor and consequential amendments

Child Support Act 1991 (c. 48)
Social Security Administration Act 1992 (c. 5)
Social Security Act 1998 (c. 14)
Tax Credits Act 2002 (c. 21)
Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

SCHEDULE 8 Section 58
Repeals

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