Q&As

Are there any recently reported cases in relation to an application for periodical payments under Schedule 1 to the Children Act 1989 for the benefit of a child, where the maximum assessment for statutory maintenance under the Child Support Act 1991 has not been met, but the child has a disability for which disability living allowance is received?

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Published on LexisPSL on 02/03/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Are there any recently reported cases in relation to an application for periodical payments under Schedule 1 to the Children Act 1989 for the benefit of a child, where the maximum assessment for statutory maintenance under the Child Support Act 1991 has not been met, but the child has a disability for which disability living allowance is received?

By virtue of sections 8(8) and 8(9) of the Child Support Act 1991 (CSA 1991) the court retains jurisdiction to make orders for maintenance where there is a disability living allowance paid to a child, or where a child is disabled. A child is regarded as disabled if the child is 'blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed'. This will be a question of fact in each individual case.

CSA 1991, s 8(8) specifically provides that ‘This section shall not pr

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