Child Support Collection (Domestic Abuse) Act 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | 2023 c. 24 |
Child Support Collection (Domestic Abuse) Act 2023
2023 Chapter 24
An Act to make provision enabling the making of arrangements for the collection of child support maintenance in cases involving domestic abuse.
[29 June 2023]
e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Collection of maintenance in England and Wales and Scotland: cases involving domestic abuse
(1) Section 4 of the Child Support Act 1991 (child support maintenance) is amended as follows.
(2) After subsection (3) insert—
(3A) Where a maintenance calculation has been made in response to an application under this section, the Secretary of State may, if the person with care or the non-resident parent applies to the Secretary of State under this subsection, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant domestic abuse that it is appropriate for such arrangements to be made.
(3B) For the purposes of subsection (3A), “” means—
(a)
(a) where the application under subsection (3A) is made by the person with care, behaviour of the non-resident parent towards the person with care, or any child living in the same household with the person with care, that amounts to domestic abuse;
(b)
(b) where the application under subsection (3A) is made by the non-resident parent, behaviour of the person with care towards the non-resident parent, or any child living in the same household with the non-resident parent, that amounts to domestic abuse.”
(3) In subsection (4) (purposes for which regulations may require information to be provided)—
(a)
(a) omit the “and” after paragraph (b);
(b)
(b) at the end of paragraph (c) insert
“; and
(d)
(d) the making by the Secretary of State of a determination for the purposes of subsection (3A).”
2 Further provision about collection of maintenance in Scottish cases involving domestic abuse
(1) Section 7 of the Child Support Act 1991 (right of child in Scotland to apply for calculation) is amended as follows.
(2) After subsection (4) insert—
(4A) Where a maintenance calculation has been made in response to an application under this section, the Secretary of State may, if the person with care, the non-resident parent or the child concerned applies to the Secretary of State under this subsection, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant domestic abuse that it is appropriate for such arrangements to be made.
(4B) For the purposes of subsection (4A), “” means—
(a)
(a) where the application under subsection (4A) is made by the person with care, behaviour of the non-resident parent towards the person with care, or any child living in the same household with the person with care, that amounts to domestic abuse;
(b)
(b) where the application under subsection (4A) is made by the non-resident parent, behaviour of the person with care towards the non-resident parent, or any child living in the same household with the non-resident parent, that amounts to domestic abuse;
(c)
(c) where the application under subsection (4A) is made by the child concerned, behaviour of the kind referred to in paragraph (a) or (b).”
(3) In subsection (5) (purposes for which regulations may require information to be provided)—
(a)
(a) omit the “and” after paragraph (b);
(b)
(b) at the end of paragraph (c) insert
“; and
(d)
(d) the making by the Secretary of State of a determination for the purposes of subsection (4A).”
3 Minor and consequential amendments relating to sections 1 and 2
(1) The Child Support Act 1991 is amended as follows.
(2)...
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