Legalize / United Kingdom / Statutory-Instrument

The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992

Type Statutory-Instrument

Publication 1992-10-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 26th October 1992

Laid before Parliament: 29th October 1992

Coming into force: 5th April 1993

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 8(11), 10(1), (2) and (4), 44(3), 51, 52(4) and 54 of, and paragraph 11 of Schedule 1 to, the Child Support Act 1991 and of all other powers enabling him in that behalf hereby makes the following Regulations:

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 and shall come into force on 5th April 1993.

(2) In these Regulations—

(3) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Prescription of enactment for the purposes of section 8(11) of the Act

2

The following enactments are prescribed for the purposes of section 8(11)(f) of the Act—

(a) the Conjugal Rights (Scotland) Amendment Act 1861;

(b) the Court of Session Act 1868;

(d) the Guardianship of Infants Act 1925;

(e) the Illegitimate Children (Scotland) Act 1930;

(f) the Children and Young Persons (Scotland) Act 1932;

(g) the Children and Young Persons (Scotland) Act 1937;

(h) the Custody of Children (Scotland) Act 1939;

(i) the National Assistance Act 1948;

(j) the Affiliation Orders Act 1952;

(k) the Affiliation Proceedings Act 1957 ;

(l) the Matrimonial Proceedings (Children) Act 1958;

(m) the Guardianship of Minors Act 1971;

(n) the Guardianship Act 1973;

(o) the Children Act 1975;

(p) the Supplementary Benefits Act 1976;

(q) the Social Security Act 1986;

(r) the Social Security Administration Act 1992.

Relationship between maintenance assessments and certain court orders

3

(1) Orders made under the following enactments are of a kind prescribed for the purposes of section 10(1) of the Act—

(a) the Conjugal Rights (Scotland) Amendment Act 1861;

(b) the Court of Session Act 1868;

(d) the Guardianship of Infants Act 1925;

(e) the Illegitimate Children (Scotland) Act 1930;

(f) the Children and Young Persons (Scotland) Act 1932;

(g) the Children and Young Persons (Scotland) Act 1937;

(h) the Custody of Children (Scotland) Act 1939;

(i) the National Assistance Act 1948;

(j) the Affiliation Orders Act 1952;

(k) the Affiliation Proceedings Act 1957;

(l) the Matrimonial Proceedings (Children) Act 1958;

(m) the Guardianship of Minors Act 1971;

(n) the Guardianship Act 1973;

(o) Part II of the Matrimonial Causes Act 1973 ;

(p) the Children Act 1975;

(q) the Supplementary Benefits Act 1976;

(r) the Domestic Proceedings and Magistrates Courts Act 1978 ;

(s) Part III of the Matrimonial and Family Proceedings Act 1984 ;

(t) the Family Law (Scotland) Act 1985 ;

(u) the Social Security Act 1986;

(v) Schedule 1 to the Children Act 1989 ;

(w) the Social Security Administration Act 1992.

(x) Schedule 5, 6 or 7 to the Civil Partnership Act 2004.

(2) Subject to paragraphs (3) and (4), where a maintenance calculation is made with respect to—

(a) all of the children with respect to whom an order falling within paragraph (1) is in force; or

(b) one or more but not all of the children with respect to whom an order falling within paragraph (1) is in force and where the amount payable under the order to or for the benefit of each child is separately specified,

that order shall, so far as it relates to the making or securing of periodical payments to or for the benefit of the children with respect to whom the maintenance calculation has been made, cease to have effect on the effective date of the maintenance calculation..

(3) The provisions of paragraph (2) shall not apply where a maintenance order has been made in accordance with section 8(7) or (8) of the Act.

(4) In Scotland, where—

(a) an order has ceased to have effect by virtue of the provisions of paragraph (2) to the extent specified in that paragraph; and

(b) the Secretary of State no longer has jurisdiction to make a maintenance calculation with respect to a child with respect to whom the order ceased to have effect,

that order shall, so far as it relates to that child, again have effect from the date the Secretary of State no longer has jurisdiction to make a maintenance calculation with respect to that child.

(5) Subject to regulation 33(7) of the Maintenance Assessment Procedure Regulations , where a maintenance assessment is made with respect to children with respect to whom an order falling within paragraph (1) is in force, the effective date of that assessment shall be two days after the assessment is made.

(6) Where the provisions of paragraph (2) apply to an order, that part of the order to which those provisions apply shall cease to have effect from the effective date of the maintenance assessment.

(7) Where at the time an interim maintenance assessment was made there was in force with respect to children in respect of whom that interim maintenance assessment was made an order falling within paragraph (1), the effective date of a maintenance assessment subsequently made in accordance with Part I of Schedule 1 to the Act in respect of those children shall be the effective date of that interim maintenance assessment as determined under paragraph (5).

(8) Subject to regulation 33(7) of the Maintenance Assessment Procedure Regulations , where—

(a) a maintenance assessment is made in accordance with Part I of Schedule 1 to the Act in respect of children with respect to whom an order falling within paragraph (1) was in force; and

(b) that order ceases to have effect on or after 18th April 1995, for reasons other than the making of an interim maintenance assessment, but prior to the date on which the maintenance assessment is made and after—

(i) the date on which a maintenance enquiry form referred to in regulation 5(2) of the Maintenance Assessment Procedure Regulations was given or sent to the non-resident parent, where the application for a maintenance assessment was made by a person with care or a child under section 7 of the Act; or

(ii) the date on which a maintenance application which complies with the provisions of regulation 2 of the Maintenance Assessment Procedure Regulations was received by the Secretary of State from an non-resident parent,

the effective date of that maintenance assessment shall be the day following that on which the court order ceased to have effect.

Relationship between maintenance assessments and certain agreements

4

(1) Maintenance agreements within the meaning of section 9(1) of the Act are agreements of a kind prescribed for the purposes of section 10(2) of the Act.

(2) Where a maintenance calculation is made with respect to—

(a) all of the children with respect to whom an agreement falling within paragraph (1) is in force; or

(b) one or more but not all of the children with respect to whom an agreement falling within paragraph (1) is in force and where the amount payable under the agreement to or for the benefit of each child is separately specified,

that agreement shall, so far as it relates to the making or securing of periodical payments to or for the benefit of the children with respect to whom the maintenance calculation has been made, become unenforceable from the effective date of the calculation.

(3) Where an agreement becomes unenforceable under the provisions of paragraph (2) to the extent specified in that paragraph, it shall remain unenforceable in relation to a particular child until such date as the Secretary of State no longer has jurisdiction to make a maintenance calculation with respect to that child.

Notifications by child support officers

5

(1) Where the Secretary of State is aware that an order of a kind prescribed in paragraph (2) is in force and considers that the making of a maintenance calculation has affected, or is likely to affect, that order, he shall notify the persons prescribed in paragraph (3) in respect of whom that maintenance calculation is in force, and the persons prescribed in paragraph (4) holding office in the court where the order in question was made or subsequently registered, of the calculation and its effective date.

(2) The prescribed orders are those made under an enactment mentioned in regulation 3(1).

(3) The prescribed persons in respect of whom the maintenance calculation is in force are—

(a) a person with care;

(b) an non-resident parent;

(c) a person who is treated as an non-resident parent under regulation 50 of the Child Support Maintenance Calculation Regulations 2012;

(d) a child who has made an application for a maintenance calculation under section 7 of the Act.

(4) The prescribed person holding office in the court where the order in question was made or subsequently registered is—

(a) in England and Wales—

(i) in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;

(ii) in relation to the family court, a court officer;

(b) in Scotland—

(i) in relation to the Court of Session, the Deputy Principal Clerk of Session;

(ii) in relation to a sheriff court, the sheriff clerk.

Notification by the court

6

(1) Where a court is aware that a maintenance calculation is in force and makes an order mentioned in regulation 3(1) which it considers has affected, or is likely to affect, that calculation, the person prescribed in paragraph (2) shall notify the Secretary of State to that effect.

(2) The prescribed person is the person holding the office specified below in the court where the order in question was made or subsequently registered—

(a) in England and Wales—

(i) in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;

(ii) in relation to the family court, a court officer;

(b) in Scotland—

(i) in relation to the Court of Session, the Deputy Principal Clerk of Session;

(ii) in relation to a sheriff court, the sheriff clerk.

Cancellation of a maintenance assessment on grounds of lack of jurisdiction

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance assessments and maintenance orders made in error

8

(1) Where—

(a) at the time that a maintenance calculation with respect to a qualifying child was made a maintenance order was in force with respect to that child;

(aa) the maintenance order has ceased to have effect by virtue of the provisions of regulation 3;

(b) the non-resident parent has made payments of child support maintenance due under that calculation; and

the Secretary of State revises the decision as to the maintenance calculation under section 16 of the Act and decides that no child support maintenance was payable on the ground that the previous decision was made in error,

the payments of child support maintenance shall be treated as payments under the maintenance order and that order shall be treated as having continued in force.

(2) Where—

(a) at the time that a maintenance order with respect to a qualifying child was made a maintenance calculation was in force with respect to that child;

(aa) the maintenance calculation is cancelled or ceases to have effect;

(b) the non-resident parent has made payments of maintenance due under that order; and

the payments under the maintenance order shall be treated as payments of child support maintenance and the maintenance calculation shall be treated as not having been cancelled or, as the case may be, as not having ceased to have effect.

Signed

Signed by authority of the Secretary of State for Social Security.

Alistair Burt — Parliamentary Under-Secretary of State, — Department of Social Security — 1992-10-26

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1991 c. 48. Section 54 is cited because of the meaning ascribed to the word “prescribed”.

[^f00002]: S.I. 1992/1815.

[^f00003]: 5 & 6 Eliz. 2 c.55.

[^f00004]: 1973 c. 18.

[^f00005]: 1978 c. 22.

[^f00006]: 1984 c. 42.

[^f00007]: 1985 c. 37.

[^f00008]: 1989 c. 41.

[^f00009]: S.I. 1981/1687, to which there are amendments not relevant to these Regulations.

Relationship between maintenance calculations and certain court orders

Relationship between maintenance calculations and certain agreements

Notifications by the Secretary of State

Prescription for the purposes of jurisdiction

7A

(1) The companies prescribed for the purposes of section 44(2A)(c) of the Act (non-resident parents not habitually resident in the United Kingdom but employed by prescribed companies) are companies which employ employees to work outside the United Kingdom but make calculations and payment arrangements in relation to the earnings of those employees in the United Kingdom so that a deduction from earnings order may be made under section 31 of the Act in respect of the earnings of any such employee who is a liable person for the purposes of that section.

(2) The following bodies are prescribed for the purposes of section 44(2A)(d) of the Act (non-resident parents not habitually resident in the United Kingdom but employed by a prescribed body)—

(a) a National Health Service Trust established by order made under section 5 of the National Health Service and Community Care Act 1990 (“the 1990 Act ”) or under section 12A of the National Health Service (Scotland) Act 1978 (“the 1978 Act ”);

(aa) an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;

(ab) an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;

(ac) NHS England;

(ad) the National Institute for Health and Care Excellence;

(ae) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a Special Health Authority established under section 11 of the 1977 Act ;

(da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a local authority, and for this purpose “local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

(f) a Health and Social Service Trust established by order made under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;

(g) a Health and Social Services Board established by order made under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order ”);

(h) the Central Services Agency established by order made under Article 26 of the 1972 Order ;

(i) a Special Agency established by order made under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;

(j) a Health Board constituted under section 2 of the 1978 Act ; and

(k) a Special Health Board constituted under section 2 of the 1978 Act.

(l) Healthcare Improvement Scotland constituted under section 10A of the 1978Act.

Maintenance calculations and maintenance orders made in error

Maintenance calculations and maintenance orders – payments

8A

Where—

(a) a maintenance calculation has been made with respect to a qualifying child in response to an application made under section 4 or 7 of the Act;

(b) at the time that maintenance calculation was made a maintenance order was in force with respect to that child;

(d) the non-resident parent has made payments of maintenance due under that order after the date on which the maintenance calculation took effect ...,

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