Children Act 1989, Schedule 1, paragraph 2

Orders for financial relief for persons over eighteen

SCHEDULE 1 Financial Provision for Children

2 (1) If, on an application by a person who has reached the age of eighteen, it appears to the court—

(a) that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(b) that there are special circumstances which justify the making of an order under this paragraph,

the court may make one or both of the orders mentioned in sub-paragraph (2).

(2) The orders are—

(a) an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;

(b) an order requiring either or both of the applicant’s parents to pay to the applicant such lump sum as may be so specified.

(3) An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him.

(4) No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household.

(5) An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

(6) In sub-paragraph (3) “periodical payments order” means an order made under—

(a) this Schedule;

F1120(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) M53section 23 or 27 of the Matrimonial Causes Act 1973;

(d) M54Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978,

[F1121 (e) Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc. );

(f) Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc. ),F1121]

for the making or securing of periodical payments.

(7) The powers conferred by this paragraph shall be exercisable at any time.

(8) Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order.

Definitions used in Schedule 1, paragraph 2 3

the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act

Cases considering Schedule 1, paragraph 2 6

UD v DN

[2021] EWCA Civ 1947 · 21 December 2021Interprets

A person aged 18 or over may personally apply only for periodical payments and lump sums. That separate route does not extinguish a parent’s accrued right under a paragraph 1 application issued before the child turned 18 (see paras [60] and [72]).

Mark Austin v Christina Haynes

[2021] EWCA Civ 1919 · 15 December 2021Interprets

The court interpreted the power to order settlement of property as extending to money, because money is property. It also recognised that a lump sum could be ordered for the purchase of a property subject to settlement. (see para [80])

DN v UD€ (Sch 1 Children Act: Capital Provision)

[2020] EWHC 627 (Fam) · 29 January 2020Defines

Confirms that an adult child may apply for periodical payments or a lump sum where the child is in education or training or special circumstances justify an order. This separate route did not permit the mother to apply for DD. (see paras [26], [44]-[49], [53])

  • Miss J v Dr P[2007] EWHC 704 (Fam) · 30 March 2007
  • T v B[2010] EWHC 1444 (Fam) · 16 June 2010
  • Jp v Jrp[2004] EWHC 3180 (Fam) · 27 January 2005

What each judgment says about Schedule 1, paragraph 2 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1120Sch. 1 para. 2(6)(b) repealed (25.7.1991) by Child Support Act 1991 (c. 48, SIF 20), s. 58(2)(14) (with saving in s. 9(2)) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F1121Sch. 1 para. 2(6)(e)(f) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 78(2); S.I. 2005/3175, art. 2(1), Sch. 1

Commencement

  1. I92Sch. 1 para. 2 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M531973 c. 18.
  2. M541978 c. 22.