The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014

Made: 31st May 2014

Laid before Parliament: 6th June 2014

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 16(1), 28E(5), 29(2) and (3), 32(1) and (2)(n), 34(1), 42, 43A, 51(1) and (2)(a) and (i), 52(4) and 54(1) of, and paragraph 11 of Schedule 1 to, the Child Support Act 1991 and section 55(3) and (4) of, and paragraphs 2 and 5 of Schedule 5 to, the Child Maintenance and Other Payments Act 2008 , makes the following Regulations:

Citation and commencement

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• (1) These Regulations may be cited as the Child Support (Consequential and Miscellaneous Amendments) Regulations 2014.

• (2) These Regulations come into force on 30th June 2014.

Amendments to the Child Support (Collection and Enforcement) Regulations 1992

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• (1) The Child Support (Collection and Enforcement) Regulations 1992 are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008, as if they had been amended as follows.

• (2) In regulation 1 (citation, commencement and interpretation)—

• (a) in paragraph (2) , after the definition of “the 2000 Act” insert—

• “collection fee” means a fee payable by a non-resident parent under regulation 7 (the collection fee) of the Child Support Fees Regulations 2014 ;
• “enforcement fee” means a fee payable under regulation 10 (the enforcement fee) of the Child Support Fees Regulations 2014;

• (b) for paragraph (2A) substitute—

(2A) Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations “fee” means a collection fee or an enforcement fee (or both).

• (3) In regulation 2(2) (payment of child support maintenance), after “maintenance” insert “ or liable to make payment of a fee (or both) ”.

• (4) In regulation 3 (method of payment)—

• (a) in paragraph (2) , after “paragraph (1)” insert “ and from which payments of collection fees (where payable) may be made ”;

• (b) in paragraph (6) , after “liability” in sub-paragraphs (b) and (c) insert “ , that parent's liability to pay a fee or the amount of a fee payable by that parent ”.

• (5) In regulation 4(1) (payments to be scheduled over reference period), after “payments of child support maintenance” insert “ and any collection fees ”.

• (6) In regulation 7 (notice to liable person as to requirements about payment) —

• (a) in paragraph (1)—

• (i) in sub-paragraph (a), after “child support maintenance” insert “ and any collection fees ”,

• (ii) in sub-paragraph (b), for “it is” substitute “ child support maintenance and any collection fees are ”,

• (iii) in sub-paragraph (c), after “payment” insert “ of child support maintenance and any collection fees ”,

• (iv) in sub-paragraph (d), after “payments” insert “ of child support maintenance and any collection fees ”,

• (v) in sub-paragraph (e), after “child support maintenance” insert “ and any payment of a collection fee ”;

• (b) in paragraph (1A), in both places where it appears, for “, interest or fees” substitute “ or interest ”;

• (c) after paragraph (1A) insert—

(1B) In the case of an enforcement fee, the Secretary of State shall send the liable person a notice stating— (a) the amount of the enforcement fee payable; and (b) the method of enforcement action in respect of which that fee is payable.

• (d) in paragraph (3), for “, interest or fees” substitute “ or interest ”;

• (e) after paragraph (3) insert—

(4) A notice under paragraph (1B) shall be sent to the liable person as soon as is reasonably practicable after an enforcement fee becomes payable.

• (7) In regulation 17(1)(b) (requirement to review deduction from earnings orders) —

• (a) after “any arrears” insert “ of child support maintenance, arrears of collection fees ”;

• (b) for “fees” substitute “ enforcement fee ”.

• (8) In regulation 20 (discharge of deduction from earnings orders) —

• (a) in paragraph (1), after “where” insert “ paragraph (1A) applies or ”;

• (b) in paragraph (1)(f), after “maintenance calculation” insert “ and any requirement to pay collection fees ”;

• (c) after paragraph (1), insert—

(1A) This paragraph applies where— (a) the Secretary of State has agreed with the liable person an alternative method of payment of the child support maintenance due under the maintenance calculation and an alternative method of payment of fees (where payable); and (b) the Secretary of State considers it is reasonable to discharge the order in the circumstances of the case.

• (9) In regulation 27(2) (notice of intention to apply for a liability order) , for “ or fees” substitute “ , collection fees or enforcement fees ”.

• (10) In Schedule 1 (liability order prescribed form) , after “Part IV of the Child Support (Collection and Enforcement) Regulations 1992” insert “ and Parts 3 and 4 of the Child Support Fees Regulations 2014 ”.

Amendments to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

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Regulation 27A (child who is allowed to live with his parent under section 23(5) of the Children Act 1989) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 is amended as follows—

• (a) for the title substitute “ Child in care who is allowed to live with their parent ”;

• (b) in paragraph (1), after “section” insert “ 22C(2) or ”;

• (c) in paragraph (2), insert “ with ” after “parent of a child” and from “allow the child to live” to the end substitute “ has allowed the child to live. ”.

Amendment to the Child Support Departure Direction and Consequential Amendments Regulations 1996

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In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Child Support Act 1991) of the Child Support Departure Direction and Consequential Amendments Regulations 1996 , for the words from “working tax credit” to the end substitute “ working tax credit, housing benefit and relevant universal credit. ”.

Amendments to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

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Regulation 13 (child who is allowed to live with his parent under section 23(5) of the Children Act 1989) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 is amended as follows—

• (a) for the title substitute “ Child in care who is allowed to live with their parent ”;

• (b) in paragraph (1), after “section” insert “ 22C(2) or ”;

• (c) in paragraph (2), from “allow the child to live” to the end substitute “ has allowed the child to live. ”.

Amendments to the Child Support (Management of Payments and Arrears) Regulations 2009

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• (1) The Child Support (Management of Payments and Arrears) Regulations 2009 are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008, as if they had been amended as follows.

• (2) In regulation 2 (interpretation), after paragraph (2) insert—

(3) For the purposes of regulations 3 and 3A, there are “arrangements for direct pay” where the Secretary of State has specified that payments of child support maintenance shall be made by the non-resident parent to the person caring for the child or children in question or to a child who made an application under section 7(1) of the 1991 Act .

• (3) In regulation 3(1) (arrears notices) —

• (a) in paragraph (a), for “; and” substitute “ or there are arrangements for direct pay; ”;

• (b) at the end of paragraph (b) insert—

; and (c) regulation 3A(1) does not apply or regulation 3A(1) does apply but the notice referred to in regulation 3A(2) has not been given.

• (4) After regulation 3 insert—

(3A) (1) This paragraph applies to a case where— (a) either— (i) there are arrangements for direct pay, or (ii) the Secretary of State is arranging for the collection of child support maintenance under section 29 of the 1991 Act but there are no arrangements for enforcement under the 1991 Act; and (b) the non-resident parent has failed to make one or more payments of child support maintenance due. (2) Where paragraph (1) applies to a case, the Secretary of State may only start making arrangements for collection under section 29 of the 1991 Act or arrangements for enforcement under the 1991 Act (or both) where the non-resident parent has been given a notice, within the preceding 12 month period, setting out that the Secretary of State will consider making such arrangements where there is a failure to make one or more payments of child support maintenance due.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Child Support Maintenance Calculation Regulations 2012

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• (1) The Child Support Maintenance Calculation Regulations 2012 are amended as follows.

• (2) In regulation 11 (notice of application)—

• (a) in paragraph (1)—

• (i) after “Act” insert “ , and the requirements in paragraph (3) are satisfied, ”,

• (ii) omit “, as soon as reasonably practicable,”;

• (b) in paragraph (2), after “parent” insert “ (as ascertained and verified in accordance with paragraph (3)(a)) ”;

• (c) after paragraph (2) insert—

(3) The requirements referred to in paragraph (1) are— (a) the address of the non-resident parent in relation to the application has been ascertained and verified; and (b) any application fee payable under regulation 3(1) (the application fee) of the Child Support Fees Regulations 2014 has been paid or waived in accordance with those Regulations. (4) Except where paragraph (5) or (6) applies to an application, notice must be given as soon as is reasonably practicable. (5) Where— (a) there is an existing case related to the application; or (b) the applicant— (i) has been required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 (maintenance calculations: transfer of cases to new rules) to the 2008 Act ), as a result of that applicant's existing case being related to an application made under section 4(1) or 7(1) of the 1991 Act, and (ii) has chosen, by way of the application, to remain in the statutory scheme, notice must be given as soon as is reasonable. (6) Subject to paragraph (8), where the applicant— (a) has been required to choose in an existing case whether or not to stay in the statutory scheme (under Schedule 5 to the 2008 Act), in circumstances where the existing case is not related to an application made under section 4(1) or 7(1) of the 1991 Act; and (b) has chosen, by way of the application, to remain in the statutory scheme, notice must be given in accordance with paragraph (7). (7) Where paragraph (6) applies, notice must be given— (a) where the application is made and the requirements in paragraph (3) are satisfied before the day 39 days before the liability end date (which means the date determined in accordance with regulation 6 (liability end date) of the Ending Liability Regulations) in relation to the existing case has passed, as soon as is reasonable once that day has passed; or (b) where the application is made and the requirements in paragraph (3) are satisfied after the day 39 days before the liability end date has passed, as soon as is reasonable. (8) Where an application to which paragraph (6) applies becomes an application to which paragraph (5) applies (because it becomes an existing case related to an application), paragraph (6) ceases to apply to that application. (9) For the purposes of paragraphs (5) to (8) and this paragraph— (a) “the 2008 Act” means the Child Maintenance and Other Payments Act 2008 ; (b) “existing case” has the meaning given in paragraph 1(2) of Schedule 5 to the 2008 Act; (c) “the Ending Liability Regulations” means the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 ; (d) an existing case is related to an application if— (i) the non-resident parent in relation to that application is also the non-resident parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case, or (ii) the non-resident parent in relation to that application is a partner of a non-resident parent in relation to the existing case and either or both are in receipt of a benefit prescribed by regulations made under paragraph 4(1)(c) (flat rate) of Schedule 1 to the 1991 Act .

• (3) In regulation 12 (initial effective date)—

• (a) regulation 12 becomes paragraph (1) of that regulation;

• (b) in paragraph (1), for “on which notice is” substitute “ provided as the initial effective date in the notice ” and for “in accordance with” substitute “ under ”;

• (c) after paragraph (1) insert—

(2) The non-resident parent must be notified of the initial effective date— (a) by written notice posted to the last known address of the non-resident parent at least two days prior to the initial effective date; or (b) by telephone on or before the initial effective date and by written notice sent by post to the last known address of the non-resident parent.

• (4) In regulation 14 (grounds for revision), after paragraph (3) insert—

(3A) Where— (a) the Secretary of State makes a decision and there is an appeal; (b) there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by the First-tier Tribunal (“decision C”); and (c) the Secretary of State would have made decision B differently if aware of decision C at the time of making decision B, decision B may be revised at any time.

Amendments to the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014

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• (1) The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 are amended as follows.

• (2) In regulation 1(2) (citation, commencement and interpretation), in the definition of “transition period”, after “regulation 3(2)” insert “ and (3) ”.

• (3) In regulation 6 (liability end date)—

• (a) in paragraph (1)(a), for “the day falling” substitute “ a date specified by the Secretary of State which shall be no less than ”;

• (b) in paragraph (2), after “falling” insert “ at least ”.

Signed

Signed by authority of the Secretary of State for Work and Pensions

Steve Webb — Minister of State — 2014-05-31

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1991 c. 48. Section 16 was substituted by section 40 of the Social Security Act 1998 (c. 14) and sub-section (1) was amended by section 8 of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”). Section 28E was inserted by section 5 of the Child Support Act 1995 (c. 34). Section 29(2) and (3) was amended by section 1(2) of the 2000 Act and subsection (3) was amended by the Welfare Reform Act 2009 (c. 24). Section 42 was amended by section 26 of, and Schedule 3 to, the 2000 Act and by section 37 of the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”). Section 43A was inserted by section 38 of the 2008 Act. Section 51(2)(a) was amended by sections 1(2)(a) and 26 of, and Schedule 3 to, the 2000 Act. Section 54(1) is cited for the meaning of “prescribed”. Subsection (1) of section 54 was inserted by Schedule 7 to the 2008 Act. Paragraph 11 of Schedule 1 was amended by section 1(2) of the 2000 Act. References in the 1991 Act to “the Commission” were replaced by references to “the Secretary of State” by S.I. 2012/2007. Amendments made by the 2000 Act were made only in relation to cases other than 1993 scheme cases (a “1993 scheme case” means a case in respect of which the provisions of the 2000 Act have not been brought into force in accordance with article 3 of S.I. 2003/192), with the exception of the amendment made to section 42 by section 26 of, and Schedule 3 to, the 2000 Act which was made for all purposes.

[^f00002]: 2008 c. 6. Schedule 5 was amended by section 136 of the Welfare Reform Act 2012 (c. 5) and by S.I. 2012/2007.

[^f00003]: 2012 c. 5. Section 137 was amended by S.I. 2012/2007.