Office of Public Sector Information
63.The following measures extend to the United Kingdom:
paragraphs 4 to 6 of Schedule 6, and section 44 so far as relating to those paragraphs. These measures provide information gateways to:
enable the Northern Ireland Department to disclose information held for the purposes relating to social security, child support or employment or training, to the Commission or a person providing services to the Commission; and
enable the Commission or a person providing services to the Commission, to disclose information held for the purposes of functions relating to child support, to the Secretary of State, HMRC or the Northern Ireland Department.
64.Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
65.The Act does not contain any measures which affect the powers of the National Assembly for Wales.
66.Section 1 provides that there will be a new body corporate called the Child Maintenance and Enforcement Commission but referred to as ‘the Commission’. The section also introduces Schedule 1 which sets out in more detail how the Commission will be structured.
67.The Commission will comprise a board consisting of a Chair, a chief executive to be known as the Commissioner for Child Maintenance, executive directors and non-executive directors.
68.This section sets out the main objective of the Commission which is to maximise the number of effective child maintenance arrangements in place. This main objective is supported by two subsidiary objectives:
to encourage and support parents to make and keep their own maintenance arrangements; and
to support the making of applications for child support maintenance under the Child Support Act 1991 and to enforce maintenance arrangements made under that Act where appropriate.
69.Subsection (3) requires the Commission to aim to pursue and to have regard to its objectives, when exercising a function that is relevant to them.
70.This section sets out that the Commission has functions relating to child support transferred to it from the Secretary of State, and any other functions conferred under this Act or other legislation.
71.Subsection (2) provides the Secretary of State with a regulation-making power to add further functions, should they be required in assisting the Commission to meet its objectives.
72.Subsection (3) requires the Commission to exercise its functions effectively and efficiently.
73.This section places a duty on the Commission to take such steps as it considers appropriate to raise awareness among parents of the importance of taking responsibility for the maintenance of their children and if they live apart, making appropriate maintenance arrangements.
74.Section 5 places a duty on the Commission to provide relevant information and guidance to help establish effective and appropriate maintenance arrangements for children who live apart from one or both of their parents. The section also enables the Commission to provide information for other purposes in the course of providing such information and guidance which might include, for example, information on other matters relating to parental separation such as housing or employment.
75.Section 6 gives regulation-making powers to the Secretary of State to enable the Commission to charge fees in connection with the exercise of its functions.
76.Subsection (2) gives a non-exhaustive list of provisions that may be included in regulations. This includes:
when a fee may be charged;
the amount of fee to be charged;
the information required to determine the amount to be charged;
who is liable to pay any fee charged;
when a fee is payable;
recovery of fees charged; and
when a fee may be waived, reduced or repaid.
77.Subsection (3) provides that the regulations may permit the Commission to charge fees which are not related to the cost of it of carrying out its functions.
78.Subsection (4) allows the Secretary of State to provide by regulations that the collection and enforcement measures in the Child Support Act 1991 also apply to fees payable.
79.Subsection (5) provides that the Secretary of State may by regulations make provision for a person affected by a decision of the Commission under regulations made under subsection (1) to have a right of appeal against the decision to an appeal tribunal.
80.Subsection (6)provides that subsections (3) to (5), (7) and (8) of Section 20 of the Child Support Act 1991 (appeals to appeal tribunals) will also apply to appeals against a decision of the Commission concerning fees.
81.Subsection (7) requires the Commission to pay into the Consolidated Fund any amount which it receives in fees.
82.This section enables the Commission to make arrangements with a Government department or prescribed public body (defined as a “relevant authority” in subsection (4)), for the functions of one of them to be exercised on their behalf by the other, or for one to provide administrative, professional or technical services to the other.
83.Subsection (2) makes clear that this does not include functions in relation to making, confirming or approving secondary legislation.
84.Subsection (3) enables the Commission to agree the terms and conditions that it considers appropriate for any arrangements under this section.
85.This section enables the Commission to contract out any of its functions to another person or organisation. In doing so, the Commission can authorise the extent to which the function is carried out, and the period of time the contract should last. Contracting out a function does not prevent the Commission from exercising it.
86.Where a contractor is carrying out a function on behalf of the Commission, subsection (4) ensures that its acts or omissions will be treated as acts or omissions of the Commission and the Commission will be responsible.
87.Subsection (5) sets out two exceptions to this:
A contractor’s act or omission will not be treated as being an act of the Commission for the purposes of relevant provisions of the contract between the Commission and the contractor itself. This ensures that, for example, if a contractor breaches the contract by failing to do something, or doing something they should not, the contractor remains responsible and the Commission will be able to sue for breach of contract.
The contractor will remain liable if it commits a criminal act.
88.Subsection (6) ensures that a person who is authorised to carry out a function on behalf of the Commission has a right to claim damages or compensation for repudiation of the contract if the Commission withdraw their authorisation thereby making it impossible for the contractor to perform.
89.This section requires the Commission to produce a report for each financial year (to 31 March). The report must:
deal with the activities of the Commission in the financial year for which it is prepared; and
include the report prepared by the non-executive functions committee.
90.Subsection (3) sets out the activities that should be covered in the report as follows:
the strategic direction of the Commission and how this is being monitored and reviewed;
the objectives and targets of the Commission, what steps have been taken to meet them and the extent to which they have been met;
how performance of the Commission has been monitored;
the extent to which the Commission has relied upon its power to enter into arrangements with government departments and other public bodies; and
the extent to which the Commission has contracted out its functions.
91.Subsections (4) and (5) require the Commission to publish the report and send it to the Secretary of State to be laid before Parliament.
92.This section provides that the Secretary of State may give written guidance and directions to the Commission regarding the exercise of its functions.
93.Subsection (2) requires the Commission to have regard to any guidance given, and also to comply with directions.
94.Subsections (3) and (4) provide that guidance and directions given under this section should be in writing and can be varied or revoked by the Secretary of State.
95.Subsection (5) requires the Secretary of State to lay before Parliament any directions he gives under subsection (1).
96.Subsection (6) allows the Secretary of State to exclude from laying in Parliament, any information that he considers tobe against the commercial interests of any person, or any information which may lead to an individual being identified.
97.Section 11 sets out that the Secretary of State must review the status of the Commission as a Crown Body, as soon as is reasonably practicable after the end of an initial three year period, and may review any other time after that if he considers it appropriate.
98.Subsections (4)and (5) require the Secretary of State to prepare a report of any review and lay it before Parliament.
99.Subsections (6) and (7) enable the Secretary of State to make an order to provide that the Commission ceases to be a Crown body, if it appears that it is appropriate to do so following a review. The order may amend Schedule 1 and provide for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply.
100.Section 12 sets out the definition of ‘child’ for the purposes of Part 1 (the same as for the 1991 Act) and makes provision for the Secretary of State to make regulations about when a child is to be regarded as living apart from a parent or not, to ensure, for example, that a child is not regarded as living apart from a parent simply because they are at boarding school.
101.This section transfers most of the functions under the Child Support Act 1991 from the Secretary of State to the Commission, including functions relating to, for example, calculation, collection and enforcement. The exceptions to this (the functions that will either remain solely with the Secretary of State, or be exercisable both by the Secretary of State and the Commission) are listed at subsection (2). These are:
Functions under section 23A, 24 and 25 of the 1991 Act which enable the Secretary of State to appeal to the Child Support Commissioner. It is appropriate for the Secretary of State to retain the right to appeal as he is responsible for child support legislation. This is why Schedule 2 to this Act ensures that this function is both given to the Commission and retained by the Secretary of State.
Functions under section 46 of the 1991 Act, under which the Secretary of State may apply a reduced benefit decision to those parents with care in receipt of a prescribed benefit who choose to opt out of the statutory scheme without good cause. The Secretary of State is to retain this function because it relates to decisions on the amount of benefit a person is to receive. This function will be repealed soon after the introduction of the Commission.
The function under section 50(7)(c) of the 1991 Act which enables the Secretary of State to authorise a ‘responsible person’ for the purposes of disclosure of information. This is necessary to enable the disclosure of information between the Secretary of State and the Commission. Schedule 6 to this Act ensures that this function is exercisable by both the Commission and the Secretary of State.
Functions under section 58 of the 1991 Act which provides a power for the Secretary of State to commence the provisions of the 1991 Act and to make consequential amendments.
The function under paragraph 2A of Schedule 4 to the 1991 Act which enables the Secretary of State for Scotland to provide travel expenses for a person attending proceedings before a Child Support Commissioner in Scotland. As this function refers to the Secretary of State for Scotland it will not be transferred to the Commission.
Power for the Secretary of State to make regulations under any other provision of the Child Support Act 1991.
102.Subsection (3) transfers any functions conferred on the Secretary of State by those provisions of secondary legislation listed in Schedule 2 apart from those related to reduced benefit decisions under section 46 of the Child Support Act 1991.
103.Subsection (4) introducesSchedule 3 which makes consequential amendments and transitional provision and savings.
104.This section enables the Secretary of State to make one or more schemes to transfer property, rights and liabilities which he is entitled or subject, in connection with the transferred functions, or under arrangements entered into in preparation for the coming into force of the Commission’s functions under Part 1 of this Act.
105.Subsection (2) sets out that a scheme under subsection (1), (a transfer scheme) may:
provide for the transfer of property, rights and liabilities that it would not otherwise be possible to transfer, for example, a contract which does not contain a clause allowing it to be assigned;
create for the Secretary of State interests in or rights over property transferred by virtue of the scheme. For example, it enables any property that may transfer to the Commission to continue to be used by the Secretary of State;
create for the Commission, interests in or rights over property retained by the Secretary of State. Such a scheme could enable the Commission to make use of a property that the Secretary of State may own;
create rights and liabilities between the Secretary of State and the Commission, for example, if a contract were transferred to the Commission, the scheme could allow for the Commission to be indemnified by the Secretary of State in respect of previous breaches; and
make such supplementary, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.
106.Subsection (3) provides that a transfer scheme shall come into force in accordance with the terms provided by the transfer scheme itself.
107.Subsection (4) provides that a certificate given by the Secretary of State will provide evidence that any property, rights or liabilities have been transferred
108.Subsection (5) defines ‘transferred functions’ as those functions transferred under section 13.
109.Section 15 repeals sections 6 and 46 of the Child Support Act 1991.
110.Section 6 of the Child Support Act 1991 provides that parents with care who make a claim for, or are in receipt of, prescribed benefits, may be treated as making an application for child support maintenance. Paragraph (a) of section 15 removes this power.
111.Section 46 of the Child Support Act 1991 gives power to the Secretary of State to reduce the amount of benefit parents with care receive where they are treated as having applied for a maintenance calculation under section 6 of the Child Support Act 1991, and they choose to opt out of the scheme without good cause for doing so. Paragraph (b) ofsection 15 removes this power, which will become redundant when section 6 is repealed.
112.This section introduces Schedule 4 which amends legislation regarding how maintenance calculations are performed. Changes to how maintenance is calculated include:
A move from using net to using gross weekly income to determine maintenance liability. Information required to calculate maintenance will be taken directly from HMRC instead of the non-resident parent.
Changes to the percentages used to calculate basic rate maintenance.
Treating certain existing child support maintenance obligations which fall outside of the statutory scheme, as though they were within the scheme, for the purposes of calculating liability.
An increase in flat rate maintenance from £5 to £7 per week.
113.This section replaces subsections 17(2) and 17(3) of the Child Support Act 1991. Section 17 allows a maintenance decision to be superseded by a new decision, where, for example, there has been a change of circumstances.
114.These changes provide a regulation-making power to Secretary of State in relation to the supersession of decisions.
115.New subsection (3) sets out that regulations may include:
Provision about the cases and circumstances in which a decision may be superseded, which may include a restriction on superseding a decision as a result of certain changes of circumstance. This change enables the introduction of fixed term annual awards, where a change in circumstance will only be actioned during the year if there has been a large change in income, or where the change is fundamental to the maintenance calculation. This will also enable regulations to contain provisions which set out the circumstances in which earlier changes of circumstances (which had not led to a supersession) can be taken into account.
Procedural aspects of supersessions.
116.Section 18 inserts two new subsections (2A) and (2B) into section 28D of the Child Support Act 1991, which concerns the varying of a maintenance calculation.
117.New subsections (2A) and (2B) require the Commission, on receipt of an application from a person with care (or, in Scotland, a child of 12 or over) to vary a maintenance calculation, to consider any information or evidence that is available to it or take steps to obtain further information or evidence, if it appears that further information would affect a decision to vary a maintenance calculation.
118.This section introduces Schedule 5 which makes provision for the movement of existing cases onto the new calculation rules. The Commission may require the parties in existing cases to choose whether to remain in the statutory scheme under the new calculation rules or to leave the scheme as far as future liability is concerned.
119.Section 20 concerns section 29 of the Child Support Act 1991, which sets out provisions for the collection of child support maintenance. Subsection (3)(b) of section 29 provides the Secretary of State with the power to make regulations as to the method by which payments of child support maintenance should be made.
120.This section inserts new subsections (4) and (5) into section 29 of the Child Support Act 1991 to make it clear that such regulations can include deduction from earnings orders as an initial method of collection. The intention is to pilot the use of deduction from earnings orders as a primary method of collection for employed non-resident parents.
121.Newsubsection (4) requires that any regulations which allow deduction from earnings orders to be used as an initial method of collection also include provision that this method should not be used where there is good reason not to do so. The regulations must also include a right of appeal to a magistrates’ court (or, in Scotland, to the sheriff) against a decision that there is no good reason not to use a deduction from earnings order to collect maintenance.
122.New subsection (5) prevents the magistrates’ court (or, in Scotland, the sheriff), on an appeal made under regulations under subsection (4), from questioning the maintenance calculation by reference to which the deduction from earnings order was made.
123.New subsection (6) provides that regulations may include provision with respect to the period within which an appeal must be made and the powers of the magistrates’ court (or, in Scotland, the sheriff) in relation to such an appeal.
124.New subsection (7) enables regulations to set out what matters should be considered (or not considered) in determining whether there is a good reason not to use a deduction from earnings order as an initial method to collect maintenance. For example, the regulations could provide that there would be a good reason not to use a deduction from earnings order if doing so could compromise the employment status of a non-resident parent, or raise privacy issues. It also enables regulations to prescribe circumstances in which a good reason not to use a deduction from earnings order does, or does not, exist.
125.This section replaces subsection (8) of section 31 of the Child Support Act 1991, and inserts a new subsection (9). The intent of the change is to define what will be considered as ‘earnings’ for the purpose of deduction from earnings orders.
126.Section 31 of the Child Support Act 1991 concerns deduction from earnings orders, and the existing subsection (8) provides that ‘earnings’ has such meaning as may be prescribed.
127.The definition in the new subsection (8) will include the following as earnings:
wages or salary;
payments by way of pensions including any annuity payable for the purpose of providing a pension;
periodical payments which are compensation for loss of employment or reduced remuneration; and
statutory sick pay.
128.The impact of this change is that all pension payments, whether as a result of a private or occupational pension scheme, will be included as earnings for the purposes of deduction from earnings orders.
129.The new subsection (9) sets out that for the purposes of sections 31 and 32 of the Child Support Act 1991, any person paying a sum covered by new subsection (8) to a liable person should be treated as their ‘employer’.
130.This section inserts new sections 32A, 32B, 32Cand 32D into the Child Support Act 1991 which will enable the Commission to deduct child support maintenance from the non-resident parent’s account.
131.Section 32A enables the Commission to make a regular deduction order against a non-resident parent who has failed to pay child support maintenance. The order allows the Commission to collect regular deductions of maintenance from an account held by a non-resident parent with a deposit taker.
132.Subsection (2)of section 32A sets out that both arrears and maintenance payments which will become due under the calculation in place can be collected through deduction orders.
133.Subsection (3) allows a regular deduction order to be made even where there is an ongoing appeal against the maintenance calculation. This can only happen however in cases where the Commission concludes that the outcome of the outstanding appeal will not affect the amount of the liability covered by the order or, if the outcome of the appeal would have such an effect, the Commission still considers making the order to be fair in all of the circumstances.
134.Subsection (4) sets out that regulations may prescribe when an order may not be made in respect of an account of a prescribed description, and can be made against a joint account which is not of a prescribed description.
135.Subsections (5), (6) and (7) set out that the order will specify which account it is made against and the date it has effect. The order will operate as an instruction to the deposit-taker to make deductions from the specified account and pay them to the Commission, and copies of the order shall be served on the deposit-taker, the non-resident parent against whom it is made, and if it is directed at a joint account, the other account-holders.
136.Subsection (8) provides that the deposit-taker is under a duty to comply with the regular deduction order. However, it also protects the deposit-taker from any liability if they do not comply with the order during the seven day period beginning with the day the order is served on them.
137.Subsection (9) provides, for the avoidance of doubt, that where regulations have been made under section 29(3)(a) of the Child Support Act 1991, the person liable to pay child support maintenance (the non-resident parent) is taken to have failed to pay if they have not paid it to, or through, the person specified in, or by virtue of, the regulations.
138.Section 32B requires the Commission, before a regular deduction order is applied to a joint account, to offer each of the account-holders an opportunity to make representations with regards to the making of the order and the amounts to be deducted.
139.Subsections (2) and (3) ensure that amounts to be deducted from a joint account do not exceed amounts that appear to the Commission to be fair in all circumstances, with particular regard to the representations made, the amount contributed to the account by each of the account-holders and such other matters as may be prescribed.
140.Section 32C provides regulation-making powers to the Secretary of State with regard to the practicalities and procedure relating to regular deduction orders. The following paragraphs give examples of provision that may be made by the regulations.
141.Subsections (2)(a)to (2)(c) of section 32C – the regulations may require that the order specifies the amount in respect of which it is made, the amounts to be deducted in order to meet liabilities, and the dates deductions are to be made.
142.Subsection (2)(d) – the regulations may limit the rate of deduction under a deduction order. It is envisaged that an order will be limited to an amount which is a percentage of the non-resident parent’s income. If the circumstances of a non-resident parent change it will be their responsibility to inform the Commission so that the amount in the order might be changed and the deposit-taker notified. Only amounts in credit will be deducted from an account.
143.Subsection (2)(e) – the regulations may allow for certain circumstances when amounts of money held to the credit in an account should be disregarded in respect of the regular deduction order. This could be if the money is being held on behalf of another person, for instance.
144.Subsection (2)(f) – the regulations may include provision concerning the payment of money deducted by a deposit-taker to the Commission.
145.Subsection (2)(g) – the regulations may allow the deposit-taker to deduct an amount from the non-resident parent’s account towards its administrative costs before making any deductions in line with the regular deduction order.
146.Subsection (2)(h) – the regulations may provide for notifications to be given to a non-resident parent who is subject to a deduction order, and if the order is directed at a joint account, the other account-holders, regarding amounts deducted and paid under the order.
147.Subsection (2)(i) – the regulations may require the deposit-taker to notify the Commission, within a specified period of time, if the account specified in the order does not exist, or if the non-resident parent who is the subject of the order has any other accounts.
148.Subsection (2)(j) – the regulations may require the deposit-taker to notify the Commission, within a specified period of time, if a non-resident parent subject to a deduction order closes their account or opens a new account.
149.Subsection (2)(k) – the regulations may allow the deposit-taker at which an order is directed, the non-resident parent against whom an order is made, or if the order is directed at a joint account, the other account-holders, to apply to the Commission for a deduction order to be reviewed, in certain circumstances, and may provide for how the Commission is to carry out such a review.
150.Subsection (2)(l) – the regulations may allow the Commission to vary an order. Regulations will prescribe the circumstances when this might occur, for example, as a result of a review, or if some of the arrears have been settled.
151.Subsection (2)(m) – the regulations may provide powers similar to those in section 32A(8) in relation to the variation of an order, whereby although the deposit-taker has a duty to comply with the order as varied, they will not be liable for non-compliance during the first seven days from being given notice of the variation.
152.Subsection (2)(n) – the regulations may provide that an order will lapse in prescribed circumstances. This might include, for example, provisions that an order will lapse if the non-resident parent no longer holds a current account with the deposit-taker to whom the order was directed.
153.Subsection (2)(o) – the regulations may provide for an order to be revived in certain circumstances. This could be where it has lapsed because the non-resident parent has agreed to make payments but then defaults on those payments.
154.Subsection (2)(p) – the regulations may make provision allowing or requiring an order to be discharged.
155.Subsection (2)(q) – the regulations may require the Commission to give notice to the deposit-taker in the case of an order lapsing or ceasing to have effect.
156.Subsection (3) provides regulation-making powers to the Secretary of State, with regard to the priority of a regular deduction order and:
any other regular deduction orders in place;
any other type of order which makes deductions from the same account; and
any diligence (done in Scotland) against the same account.
157.Subsections (4), (5)and (6) require the Secretary of State by regulations to make provision for any person affected to have a right of appeal to a court against a regular deduction order, or against any decision made by the Commission following an application for a review of the order. On such an appeal, the court is prevented from questioning the maintenance calculation by reference to which the deduction order was made. Regulations may include provision with respect to the period within which an appeal must be made and the powers of the court in relation to any such appeal.
158.Section 32D sets out that it will be an offence for a person not to comply with the requirements of a regular deduction order or any designated requirements set out in regulations made under section 32C. A person found guilty of such an offence may be liable to a fine. However there is a defence if the person can show that all reasonable steps were taken to comply with the order or regulation.
159.This section inserts seven new sections, 32E, 32F, 32G, 32H, 32I, 32J and 32K into the Child Support Act 1991. These sections relate to lump sum deduction orders, which enable the Commission to collect payments from a non-resident parent’s account held with a deposit-taker, or from money due or accruing to them from a third party. Lump sum deduction orders, however, may be used only to collect arrears and not ongoing maintenance.
160.Section 32E enables the Commission to make an interim lump sum deduction order if it appears to it that a non-resident parent has failed to pay an amount of child support maintenance and an amount of money stands to credit in an account held by the non-resident parent, or an amount is due or accruing to them from a third party.
161.Subsection (2) sets out that a lump sum deduction order may not be made in respect of an account of a prescribed description, and can be made against a joint account which is not of a prescribed description if regulations so provide.
162.Subsection (3) provides regulation making powers to the Secretary of State to allow him to set out the conditions to be disregarded in deciding whether an amount is due or accruing to the non-resident parent from a third party, for the purposes of lump sum deduction orders.
163.Subsection (4) sets out that an interim lump sum order will be directed at the deposit-taker or third party in question and will specify the amount of arrears in respect of which the Commission intends to make a final lump sum order. Where it is directed to a deposit-taker, it will also specify which account it applies to.
164.Subsection (5) allows an interim lump sum deduction order to be made even where there is an ongoing appeal against the maintenance calculation. This can only happen however in cases where the Commission concludes that the outcome of the outstanding appeal will not affect liability for the amount covered by the order, or if it will have such an effect, it still considers making the order to be fair in all the circumstances.
165.Subsection (6) requires the Commission to serve a copy of the order on the deposit-taker or third party at which is directed, the non-resident parent responsible for the arrears and, if directed at a joint account, the other account-holders.
166.Subsection (7) provides that the order will come into force at the time it is served on the third party at which it is directed.
167.Subsection (8) stipulates when an interim order will cease to be in force. It will be the earliest of the following:
when the prescribed period ends;
when the order lapses or is discharged, which may be where, for example, the non-resident parent has paid their arrears, or they have made representations to the Commission which then chooses to discharge the order; or
when a final lump sum deduction order is served.
168.Subsection (9) provides, for the avoidance of doubt, that where regulations have been made under section 29(3)(a) of the Child Support Act 1991, the person liable to pay child support maintenance (the non-resident parent) is taken to have failed to pay if they have not paid it to or through the person specified in, or by virtue of, the regulations.
169.Following the making of an interim deduction order, the Commission can decide whether to impose a final deduction order. Section 32F provides powers to enable the Commission to do this.
170.Subsection (1) of section 32F stipulates that a final deduction order can only be made if an interim one is in force, the prescribed period for the making of representations has passed, and the Commission has considered any representations made to it, for example, by the non-resident parent.
171.Subsection (2) sets out that the order will be directed at the deposit-taker or third party at which the interim order was directed and will specify the amount of arrears and, if directed at a deposit-taker, will also specify which account it applies to.
172.Subsection (3) provides that the amount of arrears specified in the final deduction order must not exceed the amount specified in the interim order less any of those arrears which have subsequently been paid by the non-resident parent.
173.Subsections (3)(b) and (4) ensure that amounts to be deducted from a joint account do not exceed amounts that appear to the Commission to be fair in all circumstances, with particular regard to the amount contributed to the account by each of the account-holders and other matters as may be prescribed.
174.Subsection (5) allows a final order to be made where there is an ongoing appeal against the maintenance calculation. This can only happen however in cases where the Commission concludes that the outcome of the outstanding appeal will not affect liability for the amount covered by the order or, if it will have such an effect, the Commission still considers making the order to be fair in all the circumstances.
Child Maintenance and Other Payments Act 2008