Clause 32

any child below 21 years of age; or

any child who has attained 21 years of age but in respect of whom any of the circumstances in section 69(5) exists;“maintenance order” means any order for the maintenance of a child, made under section 69(2) or 70(1), whether before, on or after the appointed day.Court’s power to order replacement for deceased applicant in proceedings139O.—

This section applies where the applicant for a maintenance order (called in this section the deceased applicant) dies while the application (whether made before, on or after the appointed day) is pending (called in this section the pending application) before a court.(2) A court may, upon the application of any person mentioned in subsection (3) and if it thinks it necessary in order to ensure that all matters in the pending application may be effectually and completely determined and adjudicated upon, order that the person be made the applicant in the pending application in place of the deceased applicant.(3) The persons who may make an application for an order under subsection (2) are as follows:

any person who is a guardian or has the actual custody of the child for whose maintenance the pending application relates;

any sibling of the child for whose maintenance the pending application relates and who has attained 21 years of age;

any person appointed by the Minister.Court’s power to order replacement for deceased payee, etc.139P.—

Subject to subsection (2), where a person to whom maintenance is payable under a maintenance order dies (called in this section the deceased payee), the court may on the application of any person specified in subsection (3), make the following orders:

an order replacing the deceased payee with any other person that the court thinks fit (called in this section the replacement person) and any other orders incidental to the replacement that the court thinks fit;

an order varying the amount of maintenance payable under the maintenance order, on account of the death of the deceased payee.(2) The court must not make any order under subsection (1)(a) in respect of any maintenance that accrued due to the deceased payee before his or her death.(3) The persons who may make an application under subsection (1) are as follows:

the payer under the maintenance order in question;

any person who is a guardian or has the actual custody of the child for whose maintenance the maintenance order is made;

where the child for whose maintenance the maintenance order is made has attained 21 years of age, by the child himself or herself;

where the child for whose maintenance the maintenance order is made is below 21 years of age, any sibling of the child who has attained 21 years of age;

any person appointed by the Minister.(4) Where an order is made under subsection (1)(a) in relation to a maintenance order, the replacement person has all the rights of the deceased payee in relation to the maintenance order.(5) Despite section 78 (or section 71(3) as in force immediately before the date of commencement of section 24 of the Family Justice Reform Act 2023), an application under subsection (1) in respect of a maintenance order is to be made to a Family Court, regardless of whether the maintenance order was made by a Family Court or the General Division of the High Court.”.