Citation and Interpretation

1. —(1) This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013.

(2) In this Order—

“1991 Act” means the Child Support Act 1991( 3 );

“2000 Act” means the Child Support, Pensions and Social Security Act 2000( 4 );

“2008 Act” means the Child Maintenance and Other Payments Act 2008;

“new calculation rules” means Part 1 of Schedule 1 to the 1991 Act as amended by the provisions of the 2008 Act specified in article 2.

(3) In this Order, a reference to an existing case is to a case in which there is—

(a) a maintenance assessment in force;

(b) a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force;

(c) an application for a maintenance assessment which has been made but not determined; or

(d) an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.

(4) In this Order, subject to paragraph (5)—

“maintenance calculation”, “non-resident parent”, “person with care” and “qualifying child” have the meanings given in the 1991 Act( 5 );

“absent parent” and “maintenance assessment” have the meanings given in the 1991 Act before its amendment by the 2000 Act.

(5) In this Order—

(a) a reference to a non-resident parent includes reference to a person who is—

(i) alleged to be the non-resident parent for the purposes of an application for child support maintenance under the 1991 Act, or

(ii) treated as the non resident parent for the purposes of the 1991 Act( 6 ); and

(b) a reference to an absent parent includes reference to a person who is—

(i) alleged to be the absent parent for the purposes of an application for child support maintenance under the 1991 Act, or

(ii) treated as the absent parent for the purposes of the 1991 Act( 7 ).

Appointed day for the coming into effect of the new calculation rules

2. The following provisions of the 2008 Act come into force for all purposes, in so far as those provisions are not already in force, on 25th November 2013, except where the saving in article 3 applies—

(a) sections 16 (changes to the calculation of maintenance), 17 (power to regulate supersession) and 18 (determination of applications for a variation) and Schedule 4 (changes to the calculation of maintenance);

(b) section 57(1) and paragraph 1(1) of Schedule 7 (minor and consequential amendments), so far as relating to the sub-paragraphs of paragraph 1 referred to in paragraph (c);

(c) paragraph 1(2), (28) and (29) of Schedule 7;

(d) section 58 (repeals), so far as relating to the entries referred to in paragraph (e); and

(e) in Schedule 8 (repeals), the entries relating to—

(i) Schedule 1 (maintenance calculations) to the 1991 Act;

(ii) Schedule 24 (social security, child support and tax credits) to the Civil Partnership Act 2004( 8 ).

New calculation rules not to apply to existing cases

3. —(1) The provisions of the 2008 Act referred to in article 2 do not apply to an existing case.

(2) Subject to articles 4 and 5, the saving in paragraph (1) applies until liability in relation to the maintenance assessment or maintenance calculation ceases to accrue (whether because the applicant has requested the Secretary of State cease acting, because it has otherwise ceased or because the power in paragraph 1(1) of Schedule 5 to the 2008 Act has been exercised in relation to that case) or, where an application has been made but not determined, until the date notified to the person with care as the date on which the Secretary of State has ceased acting.

Thirteen week linking rule where case closed voluntarily

4. —(1) This article applies where—

(a) on or after the date on which this Order is made, the applicant in relation to an existing case makes a request to the Secretary of State under section 4(5) or 7(6) of the 1991 Act( 9 ) to cease acting; and

(b) a further application is made under section 4 or 7 of the 1991 Act in relation to the same qualifying child, person with care and non-resident parent before the expiry of 13 weeks from the date of cessation of action by the Secretary of State.

(2) Where this article applies, for the purposes of calculating the amount of child maintenance in response to the further application referred to in paragraph (1)(b) the saving in article 3 continues to apply (and so that new application is an existing case).

(3) For the purposes of paragraph (1)(b)—

(a) the date an application is made is—

(i) where made by telephone, the date it (the telephone call) is made; and

(ii) where made by post, the date of receipt by the Secretary of State; and

(b) the date of cessation of action by the Secretary of State is—

(i) where there is a maintenance assessment or maintenance calculation in force, the date on which the liability under that assessment or calculation ends as a result of the request to cease acting;

(ii) where there is an application still to be determined, the date notified to the person with care as the date on which the Secretary of State has ceased acting.

New calculation rules to apply to existing cases related to a new application

5. —(1) Subject to article 4, where an application is made under section 4 or 7 of the 1991 Act on or after 25th November 2013, but before the Secretary of State begins to exercise the power in paragraph 1(1) of Schedule 5 to the 2008 Act, and that application satisfies paragraph (2) or (3), paragraph (5) applies.

(2) An application satisfies this paragraph where—

(a) the non-resident parent in relation to the application is also the non-resident parent or absent parent in relation to an existing case; and

(b) the person with care in relation to the application is not the person with care in relation to the existing case in sub-paragraph (a).

(3) An application satisfies this paragraph where—

(a) the non-resident parent in relation to the application (“A”) is a partner of a non-resident parent or an absent parent in relation to an existing case (“B”); and

(b) A or B is in receipt of a prescribed benefit.

(4) For the purposes of paragraph (3)—

“partner” has the meaning given in paragraph 10C(4) (references to various terms) of Schedule 1 to the 1991 Act as amended by the 2000 Act( 10 );

(5) Where this paragraph applies, the saving in article 3 ceases to apply in relation to the existing case referred to in paragraph (2)(a) or (3)(a) (and accordingly the new calculation rules apply) on the date from which the maintenance calculation made in response to the application referred to in paragraph (1) takes effect.

Appointed day for provisions of the Welfare Reform Act 2012

6. Sections 136 (supporting maintenance agreements), 140 (fees) and 141 (review of fees regulations) of the Welfare Reform Act 2012( 11 ) come into force on 25th November 2013.