Old CSA debt and the Limitation Act

millwall34

HoneyNutLoop. Well done! that is a good find.

I run it by a solicitor mate of mine and she mentioned this is a "regulation" and the Limitation Act is an Act of Parliament, for former being "secondary legislation" (regulations created under a power of an Act to a government agency) and the latter being "primary legislation" (created by Parliament)

Primary legislation cannot be rebuked by secondary legislation. Only another Act of Parliament, or an amendment or repeal to the Limitation Act would be needed to repeal it for the purpose of child support. The repeal of the Limitation Act for child maintenance would need to be made within the Child Support Act 1991 itself or another child support amendment Act.

It confirms Child maintenance cannot have a fresh liability order if the sum is more than six years old.

It also indicates the CSA will still pursue a sum using measures not involving a liability order, and non-compliance can result in a committal proceeding. The committal can be defended using the Primary/Secondary legislation conflict because the court cannot - by law consider a defence for an application for the liability order obtained on a debt that could be lawfully revived in this way.

Does anyone have any more thoughts on this?

HoneyNutLoop

Yes: the CSA has been deemed not to be bound by the Limitations Act, as I said at the beginning of my post, so the rest of your conclusion is wrong. Please look at the first link. Or if you want more corroboration the actual upper tribunal ruling:
http://www.familylawweek.co.uk/site.aspx?i=ed56378