The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000

Type Statutory-Instrument
Publication 2001-01-18
Last updated 2010-01-25
State In force
Department King's Printer of Acts of Parliament
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Made: 18th January 2001

Coming into force as provided in regulation 1(2) and (3)

Whereas a draft of this Instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 28J(3), 29(2) and (3), 30(1), (4) and (5), 32(1) to (5) and (7) to (9), 34(1), 35(7) and (8), 39(1), (3) and (4), 40(11), 40B(11), 41(2), 41A(1) and (4), 47(1) to (3), 51, 52(4) and 54 of 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

Amendment of the Collection and Enforcement Regulations

2

(2) In these Regulations— “the Act” means the Child Support Act 1991; “the 2000 Act” means the Child Support, Pensions and Social Security Act 2000; “interest” means interest which has become payable under section 41 of the Act before its amendment by the 2000 Act; and “voluntary payment” means a payment as defined in section 28J of the Act and Regulations made under that section.

(2A) Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations “fee” means an assessment fee or a collection fee, which for these purposes have the same meaning as in the Child Support Fees Regulations 1992 prior to their revocation by the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000 .

and

(f) by debit card.

(1A) In paragraph (1), “debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s bank or building society account is debited without deferment of payment.

(5A) (1) Regulation 5(1) shall apply in relation to voluntary payments as if— (a) for the words “Payment of child support maintenance” there were substituted the words “Voluntary payments”; and (b) the words “or other specified person” were omitted. (2) In determining when the Secretary of State shall transmit a voluntary payment to the person entitled to it, the Secretary of State shall have regard to the factor in regulation 4(2)(c).

and

(e) the amount of any payment of child support maintenance which is overdue and which remains outstanding.

(1A) In the case of penalty payments, interest or fees, the Secretary of State shall send the liable person a notice stating— (a) the amount of child support maintenance payable; (b) the amount of arrears; (c) the amount of the penalty payment, interest or fees to be paid, as the case may be; (d) the method of payment; (e) the day by which payment is to be made; and (f) information as to the provisions of sections 16 and 20 of the Act.

and

(3) A notice under paragraph (1A) shall be sent to the liable person as soon as reasonably practicable after the decision to require a payment of the penalty payment, interest or fees has been made.

(7A) (1) This regulation applies where a maintenance calculation is, or has been, in force, the liable person is in arrears with payments of child support maintenance, and the Secretary of State requires the liable person to pay penalty payments to him. (2) For the purposes of regulation 7(1)(e) a payment will be overdue if it is not received by the time that the next payment of child support maintenance is due. (3) The Secretary of State may require a penalty payment to be made if the outstanding amount is not received within 7 days of the notification in regulation 7(1)(e) or if the liable person fails to pay all outstanding amounts due on dates and of amounts as agreed between the liable person and the Secretary of State. (4) Payments of a penalty payment shall be made within 14 days of the notification referred to in regulation 7(1A). (5) In this Part a “liable person” means a person liable to make a penalty payment and in Part II and in this Part “penalty payment” is to be construed in accordance with section 41A of the Act.

“protected earnings proportion” means the proportion referred to in regulation 11(2).

he shall— (i) deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with; (ii) deal with any later order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of any deduction to comply with any earlier order.

and

(35) (1) For the purposes of enabling an enquiry to be made under section 39A of the Act as to the liable person’s livelihood, means and conduct, a justice of the peace having jurisdiction for the area in which the liable person resides may issue a summons to him to appear before a magistrates’ court and to produce any driving licence held by him, and, where applicable, its counterpart, and, if he does not appear, may issue a warrant for his arrest. (2) In any proceedings under sections 39A and 40B of the Act, a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed for or on behalf of his employer, shall be evidence of the facts there stated. (3) Where an application under section 39A of the Act has been made but no disqualification order is made, the application may be renewed on the ground that the circumstances of the liable person have changed. (4) A disqualification order shall be in the form prescribed in Schedule 4. (5) The amount to be included in the disqualification order under section 40B(3)(b) of the Act in respect of the costs shall be such amount as in the view of the court is equal to the costs reasonably incurred by the Secretary of State in respect of the costs of the application for the disqualification order. (6) An order made under section 40B(4) of the Act may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area, if the liable person fails to appear or produce or surrender his driving licence or its counterpart to the court. (7) An order may be executed by a constable notwithstanding that it is not in his possession at the time but such order shall, if demanded, be shown to the liable person as soon as reasonably practicable. (8) In this regulation “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988 .

—penalty payments —fees

Amendment of the Collection and Enforcement of Other Forms of Maintenance Regulations

3

Revocation of the Fees Regulations

4

The Fees Regulations shall be revoked.

Amendment of the Arrears, Interest and Adjustment Regulations

5

“Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;

“non-resident parent” includes a person treated as such under regulation 8 of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;

and

(10B) The Secretary of State may require a relevant person to repay the whole or any part of any payment by way of reimbursement made to a non-resident parent under section 41B(2) of the Act where— (a) a voluntary payment was made; (b) section 41B(1A) applies; and income support or income-based jobseeker’s allowance was not in payment to that person at any time during the period in which the voluntary payment was made or at the date or dates on which the payment by way of reimbursement was made.

Savings

6

these Regulations shall not apply for the purposes of—

SCHEDULE — SCHEDULE 4 TO BE INSERTED IN THE COLLECTION AND ENFORCEMENT REGULATIONS

Signed

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

P. Hollis — Parliamentary Under-Secretary of State, — Department of Social Security — 18th January 2001

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1991 c. 48. Section 52 is amended by section 25 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^f00002]: Sections 32, 47 and 54 are amended by, sections 28J, 39A and 40B are inserted by, and section 41A is substituted by, respectively, paragraph 11(16), (18) and (20) of Schedule 3 to, and sections 20(1), 16(1) and (3) and 18(2) of, the Child Support, Pensions and Social Security Act 2000. Section 54 is cited because of the meaning ascribed to the word “prescribed”.

[^f00003]: S.I. 1992/1816. Relevant amending instruments are S.I. 1993/913, 1995/1045, 1995/3261, 1996/1345 and 1999/1510.

[^f00004]: S.I. 1992/1989. Relevant amending instruments are S.I. 1993/913, 1994/227, 1995/3261, 1996/1945, 1998/58, 1999/977 and 1999/1510.

[^f00005]: S.I. 1992/2643, as amended by S.I. 1993/913.

[^f00006]: S.I. 1992/3094. Relevant amending instruments are S.I. 1994/227, 1995/1045, 1996/1345, 1996/1945 and 1999/977.

[^f00007]: The definition of collection fee was amended by S.I. 1994/227.

[^f00008]: S.I. 2001/162.

[^f00009]: 1998 c. 52, section 108(1).

[^f00010]: S.I. 2001/157.

[^f00011]: S.I. 2001/155.

[^f00012]: S.I. 1999/991. The relevant amending instrument is S.I. 2000/3185.

SCHEDULE 4 Sections 39A and 40B of the Child Support Act 1991 and regulation 35 of the Child Support (Collection and Enforcement) Regulations 1992. .................... Magistrates’ Court Date: Liable Person: Address: A liability order (“the order”) was made against the liable person by the [] Magistrates’ Court on [] under section 33 of the Child Support Act 1991 (“the Act”) in respect of an amount of []. The court is satisfied— (i) that the Secretary of State sought under section 35 of the Act to levy by distress the amount then outstanding in respect of which the order was made; [and/or] that the Secretary of State sought under section 36 of the Act to recover through [] County Court by means of [garnishee proceedings] [a charging order], the amount then outstanding in respect of which the order was made; (ii) that such amount, or any proportion of it, remains unpaid; and (iii) having inquired in the liable person’s presence as to his means and whether there has been [wilful refusal] [culpable neglect] on his part. The decision of the court is that the liable person be disqualified from [holding or obtaining] a driving licence from [date] for [period] unless the aggregate amount in respect of which this order is made is sooner paid This order is made in respect of— Amount outstanding (including any interest, fees, penalty payments, costs and charges): Aggregate amount: And you [the liable person] shall surrender to the court any driving licence and counterpart held. Justice of the Peace [or by order of the Court Clerk of the Court] Note: The period of disqualification may be reduced as provided by section 40B(5)(a) of the Act if part payment is made of the aggregate amount. The order will be revoked by section 40B(5)(b) of the Act if full payment is made of the aggregate amount.

Editorial notes

[^c1555985]: 1991 c. 48. Section 52 is amended by section 25 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^c1555986]: Sections 32, 47 and 54 are amended by, sections 28J, 39A and 40B are inserted by, and section 41A is substituted by, respectively, paragraph 11(16), (18) and (20) of Schedule 3 to, and sections 20(1), 16(1) and (3) and 18(2) of, the Child Support, Pensions and Social Security Act 2000. Section 54 is cited because of the meaning ascribed to the word “prescribed”.

[^c2200978]: Reg. 1 coming into force in accordance with {reg. 1(2)(3)} and S.I. 2000/3354 and S.I. 2003/192

[^c1555987]: S.I. 1992/1816. Relevant amending instruments are S.I. 1993/913, 1995/1045, 1995/3261, 1996/1345 and 1999/1510.

[^c1555988]: S.I. 1992/1989. Relevant amending instruments are S.I. 1993/913, 1994/227, 1995/3261, 1996/1945, 1998/58, 1999/977 and 1999/1510.

[^c1555989]: S.I. 1992/2643, as amended by S.I. 1993/913.

[^c1555990]: S.I. 1992/3094. Relevant amending instruments are S.I. 1994/227, 1995/1045, 1996/1345, 1996/1945 and 1999/977.

[^c2200979]: Reg. 2 coming into force in accordance with {reg. 1(2)(3)} and S.I. 2000/3354 and S.I. 2003/192

[^c1555991]: The definition of collection fee was amended by S.I. 1994/227.

[^c1555992]: S.I. 2001/162.

[^c1555993]: 1998 c. 52, section 108(1).

[^c2200980]: Reg. 3 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192

[^c2200984]: Reg. 5 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192

[^c1555994]: S.I. 2001/157.

[^c1555995]: S.I. 2001/155.

[^c2200985]: Reg. 6 coming into force in accordance with {reg. 1(2)(3)} and S.I. 2000/3354 and S.I. 2003/192

[^key-518d8e3c504b55222d3d00e6852fdbcb]: Reg. 1(2A) inserted (31.5.2001) by The Child Support (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/1775), regs. 1, 2

[^key-b8852947016e3c6821edeeb4ea4bb5ad]: Reg. 6(Z1) inserted (3.3.2003) by The Child Support (Transitional Provision)(Miscellaneous Amendments) Regulations 2003 (S.I. 2003/347), regs. 1, 2(3), 2(4)(a)

[^key-fa8389388208869c49f7fb0e74fd73cf]: Reg. 5(3)(b) revoked (25.1.2010) by Child Support (Management of Payments and Arrears) Regulations 2009 (S.I. 2009/3151), regs. 1, 14, Schs. (with reg. 15)

[^key-e98729bca976a50ffe973140bb8c9fb8]: Reg. 5(3)(c) revoked (25.1.2010) by Child Support (Management of Payments and Arrears) Regulations 2009 (S.I. 2009/3151), regs. 1, 14, Schs. (with reg. 15)

[^key-74d7d1031febedd8262619f5c871644c]: Reg. 5(3)(e) revoked (25.1.2010) by Child Support (Management of Payments and Arrears) Regulations 2009 (S.I. 2009/3151), regs. 1, 14, Schs. (with reg. 15)

[^key-db4b4b12570fbdedfd79dafbda755081]: Reg. 5(4)(d) revoked (25.1.2010) by Child Support (Management of Payments and Arrears) Regulations 2009 (S.I. 2009/3151), regs. 1, 14, Schs. (with reg. 15)

[^M_F_e956a912-5821-4112-c03e-7eb1e8333b64]: Reg. 1(2B) inserted (12.7.2006) by The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 6(2)

[^M_F_4e5fe71a-817e-4fa1-b0ec-545db46c268c]: Word in reg. 6(1)(ii) omitted (12.7.2006) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 6(3)(b)

[^M_F_3604b1c7-b63d-467a-bd42-6f2114b6a7ac]: Word in reg. 6(1)(i) inserted (12.7.2006) by The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 6(3)(a)

[^M_F_0e5151eb-d81b-466c-8ac6-b9336fdeb78d]: Word in reg. 6(1)(a) inserted (12.7.2006) by The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 6(3)(a)

[^M_F_2c8226fe-0ff2-462c-f9ec-5560cb86e6a7]: Reg. 6(1)(c) omitted (12.7.2006) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 6(3)(c)

[^M_F_e2c11def-f4a3-456d-f4e4-bb6bc1297d89]: Reg. 6(1)(iii) omitted (12.7.2006) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 6(3)(c)

[^M_F_6ddaa5b0-cad3-4109-d7ea-015d50d318be]: Word in reg. 6(1)(b) omitted (12.7.2006) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 6(3)(b)

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