Children Act 1989, Schedule 1, paragraph 5

Provisions relating to lump sums

SCHEDULE 1 Financial Provision for Children

5 (1) Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses—

(a) incurred in connection with the birth of the child or in maintaining the child; and

(b) reasonably incurred before the making of the order,

to be met.

F1133(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent.

F1134(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments.

(6) Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying—

(a) the number of instalments payable;

(b) the amount of any instalment payable;

(c) the date on which any instalment becomes payable.

[F1135 (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.F1135]

Definitions used in Schedule 1, paragraph 5 5

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
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

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

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
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
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
functions

“functions” includes powers and duties;

Defined in s.105(1) · see it in the full Act

Cases considering Schedule 1, paragraph 5 6

P (Child), Re

[2003] EWCA Civ 837 · 24 June 2003Interprets

The court gave the lump-sum power a broad construction so that it could address past liabilities or expenses connected with maintaining the child. (see paras [56]-[58]) A liability to the mother’s father for maintaining the mother as primary carer and the child could fall within expenses incurred in maintaining the child. (see paras [56]-[58]) Past maintenance expenses reasonably incurred before the order could be met by a lump sum. (see paras [56]-[58])

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

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

Applies the power to award a lump sum for liabilities or expenses reasonably incurred in maintaining the children. It supported reimbursement of a proportion of protective-proceedings costs incurred for the children’s benefit, but not expenses relating solely to an adult child. (see paras [29], [176]-[179])

O v P

[2014] EWHC 2225 (Fam) · 4 July 2014

The court applies the provision to award £38,200 for extraordinary expenses reasonably incurred in connection with maintaining the child, including legal, travel, recovery and orthodontic expenses.

  • DE v AB[2010] EWHC 3792 (Fam) · 30 November 2010
  • Jp v Jrp[2004] EWHC 3180 (Fam) · 27 January 2005
  • CF v KM[2010] EWHC 1754 (Fam) · 13 July 2010

What each judgment says about Schedule 1, paragraph 5 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F1133Sch. 1 para. 5(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 114; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  2. F1134Sch. 1 para. 5(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 114; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  3. F1135Sch. 1 para. 5(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 209(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Commencement

  1. I95Sch. 1 para. 5 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)