ABSTRACT

The CS Act 1991 applies where one or both of the ‘qualifying’ child’s parents is absent as a parent (see s 3(2) of the CS Act 1991). Whilst the Child Support Agency has a role (to be discussed below), it is usually the ‘person with care’ (see s 3(3) of the CS Act 1991), described as the person with whom the child lives; and is provided day-to-day care for the child. A local authority, for the purposes of the CS Act 1991, is not considered to be a ‘person with care’, though local authorities can recover the cost of caring for a child under the Children Act 1989 (this will be discussed in the following chapters).