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The Child Support (Collection and Enforcement) Regulations 1992

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[F1 PART   3A E+W+SDeduction Orders

Textual Amendments

CHAPTER 1E+W+SInterpretation

Interpretation of this PartE+W+S

25A.—(1) In this Part—

[F2“another account-holder” means an account-holder other than the liable person in a case where a regular deduction order or a lump sum deduction order is proposed or made in respect of a joint account]

“assessable income” means the amount calculated in accordance with paragraph 5 of Schedule 1 to the Act as it applies to a 1993 scheme case and regulations made for the purposes of that paragraph;

[F3“current income” has the meaning given in regulation 37 of the Child Support Maintenance Calculation Regulations 2012 (current income – general);]

“deduction period” means the period of a week, a month or other period at which deductions are to be made from the amount (if any) standing to the credit of the account specified in a regular deduction order;

“garnishee order” means an order made in accordance with the provisions of order 30 of the County Court Rules 1981 or order 49 of the Rules of the Supreme Court 1965;

[F4“gross weekly income” means income calculated under Chapter 1 of Part 4 of the Child Support Maintenance Calculation Regulations 2012;]

[F2“joint account” includes an account used by a partnership formed in England or Wales, of which the liable person is a partner]

[F5“net weekly income” has the meaning given in the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;]

“lump sum deduction order” means an order under section 32E(1) or, as the case may be, 32F(1) of the Act;

“regular deduction order” means an order under section 32A(1) of the Act ;

“third party debt order” means an order made in accordance with the provisions of Part 72 of the Civil Procedure Rules 1998;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where a copy of a regular deduction order or a lump sum deduction order is served or a notification sent by the [F6Secretary of State] is received.

(2)  Any person against whom an order under section 32A(1) of the Act may be made by the [F7Secretary of State] is referred to in this Chapter and Chapters 2 and 4 as “the liable person”.

(3)  Where a copy of a regular deduction order or a lump sum deduction order is served by the [F7Secretary of State] in accordance with section 32A(7), 32E(6) or 32F(6) of the Act—

(a)on a deposit-taker—

(i) where that copy of the order is sent by electronic communication or fax to the deposit-taker’s last notified address for electronic communication or, as the case may be, fax number, it is to be treated as having been served at the end of the first working day after the day it was sent by the [F7Secretary of State], or

(ii) where that copy of the order is sent by post to the deposit-taker’s last notified address, it is to be treated as having been served at the end of the second working day after the day it was posted by the [F7Secretary of State]; or

(b)on a liable person [F8or (where the order is made in respect of a joint account) another account-holder], where that copy of the order is sent by post to that person’s last known or notified address, it is to be treated as having been served at the end of the day on which the copy of the order is posted.

(4)  Any notification sent by the [F9Secretary of State] in accordance with this Part to a deposit-taker[F10, a liable person or another account-holder] is to be treated as having been received at the same time as an order is treated as having been served in accordance with the provisions of paragraph (3).

(5) Where a copy of a regular deduction order or a lump sum deduction order or any notification has been sent by electronic communication in accordance with paragraph (3)(a)(i) the record held on an official computer system is conclusive (or in Scotland, sufficient) evidence—

(a)that a copy of that order has been sent; and

(b)of the content of that order.

(6) This Part applies to a 1993 scheme case in the same way as it applies to a 2003 scheme case and—

(a) any references to expressions in the Act (including “maintenance calculation”) or to regulations made under the Act are to be read, in relation to a 1993 scheme case, with the necessary modifications; and

(b)[F11any reference in this Part to “net weekly income” is to be read as if it were a reference to “assessable income” where these Regulations apply to a 1993 scheme case.]

(7) In this regulation—

(a)“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

(b) “an official computer system” means a computer system maintained by or on behalf of the [F12Secretary of State] for sending an order or any notification;

(c) “1993 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 have not been brought into force in accordance with article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003; and

(d)“2003 scheme case” means a case in respect of which those provisions have been brought into force.

Textual Amendments

F3Words in reg. 25A(1) inserted (30.9.2013 for specified purposes) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(2)(a)

F4Words in reg. 25A(1) inserted (30.9.2013 for specified purposes) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(2)(b)

F5Words in reg. 25A(1) omitted (30.9.2013 for specified purposes) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(2)(c)

F11Reg. 25A(6)(b) omitted (30.9.2013 for specified purposes) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(3)

[F13Regular deduction order in respect of a joint accountE+W+S

25A1.—(1) Before making a regular deduction order in respect of a joint account the Secretary of State shall serve a notice containing the information set out in paragraph (2) and the further information set out in paragraph (3) or (4) (as appropriate).

(2) The information for each account-holder is—

(a)that the Secretary of State is proposing to make an order in respect of the account;

(b)the name of the liable person;

(c)the number and sort code of the account;

(d)that the order would be made to secure the payment of child support maintenance payable by the liable person;

(e)the dates on which the Secretary of State is proposing to make deductions under the order;

(f)that each account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraphs (a) and (e);

(g)that the order is likely to be made in the terms set out in the notice if representations are not made; and

(h)the period for making representations.

(3) The further information to the liable person is—

(a)the amounts that the Secretary of State is proposing to deduct under the order in respect of arrears of child support maintenance payable under the calculation and amounts of child support maintenance which will become payable under the calculation;

(b)that the liable person has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

(c)that the order is likely to be made in the terms set out in the notice if representations are not made; and

(d)the period for making representations.

(4) The further information to another account-holder is—

(a)the amounts that the Secretary of State is proposing to deduct under the order;

(b)that another account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

(c)that the order is likely to be made in the terms set out in the notice if representations are not made; and

(d)the period for making representations.

(5) The period for making representations to the Secretary of State in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) is—

(a)14 days, beginning with the day on which the account-holder receives the notice; or

(b)such longer period as the Secretary of State considers reasonable in the circumstances of the case.

(6) A regular deduction order may not be made before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) made to the Secretary of State during that period.]

Textual Amendments

CHAPTER 2E+W+SRegular Deduction Orders

Regular deduction ordersE+W+S

25B.—(1) A regular deduction order must specify—

(a)the amount of the regular deduction; and

(b)the dates on which regular deductions (referred to in this Chapter as “deduction dates”) are due to be made.

(2) Where the date on which the regular deduction is due to be made is not a working day, the deduction must be made on the first working day after the date specified in the order.

Maximum deduction rateE+W+S

25C.—(1) The deduction rate under a regular deduction order in respect of any deduction period—

(a)is not to exceed 40% of the liable person’s [F14gross] weekly income F15... as calculated—

(i)at the date of the current maintenance calculation, or

(ii)where a maintenance calculation has been in force and there are arrears of child support maintenance, at the date of the most recent previous maintenance calculation; or

(b)where a default maintenance decision has been made, is not to exceed £80 per week.

(2) In this Chapter “previous maintenance calculation” means a maintenance calculation which is no longer in force.

Textual Amendments

F15Words in reg. 25C(1)(a) omitted (30.9.2013 for specified purposes) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(4)

Minimum amountE+W+S

25D.—(1) A deduction must not be made where the amount standing to the credit of the account specified in the regular deduction order is below the minimum amount on the date a deduction is due to be made.

(2) The minimum amount (for the purposes of this Chapter) is, where the deduction period is—

(a)monthly, £40;

(b)weekly, £10; or

(c)for any other period, £10 for each whole week in that period plus £1 for each additional day in that period,

plus the amount of administrative costs authorised by regulation 25Z(a) (administrative costs).

Notification by the deposit-taker to the [F16Secretary of State]E+W+S

25E.—(1)  A deposit-taker at which a regular deduction order is directed must notify the [F17Secretary of State]F18..., within 7 days—

(a)of a copy of the order or the order as varied being served; or

(b)of notification being received by the deposit-taker that an order has been revived,

of the matters set out in paragraph (2).

(2) The matters are—

(a)if the account specified in the order does not exist; and

(b)where the name of the liable person specified in the order is different to the name in which the account specified in the order is held—

(i)whether the account was previously held in the name of the liable person specified in the order, and

(ii)if so, the new name in which the account is held,

only where the liable person named in the order is the same person as the person in whose name the account specified in the order is held.

(3)  A deposit-taker at which a regular deduction order is directed must notify the [F19Secretary of State] within 7 days of notification being received that an order has lapsed or has been discharged—

(a)if the account specified in the order does not exist; and

(b)where the name of the liable person specified in the order is different to the name in which the account specified in the order is held—

(i)whether the account was previously held in the name of the liable person specified in the order, and

(ii)if so, the new name in which the account is held,

only where the liable person named in the order is the same person as the person in whose name the account specified in the order is held.

(4)  The deposit-taker at which a regular deduction order is directed must notify the [F19Secretary of State] within 7 days starting on the date on which a deduction is due to be made—

(a)if the account specified in the order has been closed;

(b)if the amount standing to the credit of the account specified in the order is less than the minimum amount; and

(c)where the name of the liable person specified in the order is different to the name in which the account specified in the order is held—

(i)whether the account was previously held in the name of the liable person specified in the order, and

(ii)if so, the new name in which the account is held,

only where the liable person named in the order is the same person as the person in whose name the account specified in the order is held.

(5)  The deposit-taker at which a regular deduction order is directed must notify the [F20Secretary of State] within 7 days of receipt of a request made by the [F20Secretary of State] of the details of any other account held by the liable person with that deposit-taker and the details of that account, including—

(a)the number and sort code of that account; and

(b)the type of account.

[F21(5A) The deposit-taker at which a regular deduction order is directed must within 7 days of changing the name of an account-holder, beginning with the day on which the deposit-taker changes that name, notify the Secretary of State of the old name of the account-holder and the new name of that account-holder, if the order—

(a)is made in respect of a joint account; and

(b)remains in force at any time within that 7 day period.]

(6) The requirements of this regulation apply only in so far as the deposit-taker has the information or can reasonably be expected to acquire it.

Textual Amendments

Notification by the [F22Secretary of State] to the deposit-taker E+W+S

25F.  The [F23Secretary of State] must notify the deposit-taker within 7 days of making a decision that a regular deduction order has—

(a)been varied by virtue of regulation 25I (variation of a regular deduction order);

(b)lapsed under regulation 25J (lapse of a regular deduction order);

(c)been revived under regulation 25K (revival of a regular deduction order); or

(d)ceased to have effect by virtue of regulation 25L (discharge of a regular deduction order).

Textual Amendments

Review of a regular deduction orderE+W+S

25G.—[F24(1) The following persons may apply to the Secretary of State for a review of a regular deduction order—

(a)a deposit-taker at which the order is directed;

(b)the liable person against whom the order is made; or

(c)another account-holder (in the case of an order made in respect of a joint account).]

(2) The circumstances in which an application may be made under paragraph (1) are that—

(a)[F25the liable person, the deposit-taker or another account-holder (in the case of an order made in respect of a joint account)] satisfies the [F26Secretary of State] that some or all of the amount standing to the credit of the account specified in the order is not an amount in which the liable person has a beneficial interest;

(b)[F27the applicant is the liable person and] there has been a change in the amount of the maintenance calculation in question;

(c)any amounts payable under the order have been paid;

(d)the maximum deduction rate has been calculated in accordance with regulation 25C(1)(a)(ii) (maximum deduction rate) and there has been a change in the liable persons [F28current] income since the date of the most recent previous maintenance calculation;

(e)due to an official error, an incorrect amount has been specified in the order; F29...

(f) the order does not comply with the requirements of section 32A(5) of the Act or regulation 25B(1) or 25C.

[F30(g)for a joint account, another account-holder satisfies the Secretary of State that the amount contributed by the liable person to the account specified in the order—

(i)has decreased; or

(ii)will decrease within a period of 3 months of the date on which the account-holder applied for a review of the order; or

(h)for a joint account, another account-holder who did not make representations within the period for making representations under regulation 25A1(5), 25IA(3) or 25KA(3) both—

(i)satisfies the Secretary of State that that account-holder had reasonable excuse for not making representations within that period; and

(ii)applies for a review of the order within 3 months of the expiry of the period for making representations under regulation 25A1(5), 25IA(3) or 25KA(3).]

(3) Following a review of an order under this regulation—

(a) where the [F31Secretary of State] changes the amount to be deducted by the deposit-taker under the order, [F31 the Secretary of State ] may vary the order; or

(b) where the [F31Secretary of State] extinguishes the amount to be deducted by the deposit-taker under the order, [F31 the Secretary of State ] must discharge the order.

(4) In paragraph (2)(e) “official error” has the same meaning as in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (interpretation).

Textual Amendments

F28Word in reg. 25G(2)(d) substituted (30.9.2013 for specified purposes) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(5)

Priority as between orders – regular deduction ordersE+W+S

25H.—(1) Paragraphs (2) to (5) apply where one or more third party debt orders or garnishee orders provide for deductions to be made from the same account as that specified in a regular deduction order.

(2) Where—

(a)one or more third party debt orders or garnishee orders are served on a deposit-taker before or on the day a payment is due to be made under a regular deduction order; and

(b)the regular deduction order was served on the same deposit-taker before those orders,

the deposit-taker must make that payment except where the deposit-taker has taken action to comply with the obligations under any third party debt order or garnishee order.

(3) Where a regular deduction order is served after an interim third party debt order or a garnishee order nisi the deposit-taker must take action to comply with any of those orders before making a deduction under the regular deduction order.

(4) Where paragraph (2) or (3) applies, the deposit-taker must take action to comply with any third party debt orders or garnishee orders before making further deductions under the regular deduction order.

(5) Where a decision to revive a regular deduction order takes effect on the same day as or any day after a third party debt order or garnishee order has been served, the deposit-taker must take action to comply with any of those orders before making a deduction under the regular deduction order.

(6) Paragraphs (1) to (5) do not apply to Scotland.

(7) In Scotland, paragraphs (8) to (10) apply where a deposit-taker receives one or more arrestment schedules (“arrestments”) and a regular deduction order which apply to the same account.

(8) Where—

(a)one or more arrestments are served on a deposit-taker before or on the day a payment is due to be made under a regular deduction order; and

(b)the regular deduction order was served on the same deposit-taker before any of those arrestments,

the deposit-taker must make that payment except where the deposit-taker has taken action to comply with the obligations under any of the arrestments.

(9) Where paragraph (8) applies, the deposit-taker must take action to comply with any of those arrestments before making further deductions under the regular deduction order.

(10) Where a decision to revive a regular deduction order takes effect on the same day as or any day after any arrestments have been served, the deposit-taker must take action to comply with any of those arrestments before making a deduction under the regular deduction order.

Variation of a regular deduction orderE+W+S

25I.—[F32(1) Subject to regulation 25IA, the Secretary of State may vary a regular deduction order by changing the amount to be deducted in the circumstances set out in paragraph (2).]

(2) The circumstances are that—

(a) the [F33Secretary of State] has accepted—

(i)that a payment of arrears has been made by the liable person, and

(ii)no alternative method of payment of child support maintenance has been arranged;

(b) a decision has been made under section 11, 12, 16 or 17 of the Act or there has been an appeal against a maintenance calculation;

(c) the [F33Secretary of State] has reviewed the order under regulation 25G (review of a regular deduction order); F34...

(d)there has been an appeal under regulation 25AB(1)(a) or (b) (appeals)[F35; or

(e)where the order is made in respect of a joint account, the amount contributed to the account by the liable person has changed or the Secretary of State has reason to believe that it will change within 3 months of the date on which the order is made or varied.]

(3) The [F36Secretary of State] may from time to time vary the deduction period [F37or the deduction dates].

(4) Where—

(a)a regular deduction order has been varied under this regulation; and

(b)a copy of the order as varied has been served on the deposit-taker at which it is directed,

that deposit-taker must comply with the order; but the deposit-taker is not to be under any liability for non-compliance before the end of the period of 7 days beginning on the day on which the copy of the order as varied is served on the deposit-taker.

[F38(5) Paragraphs (2) and (4) of this regulation also apply to a regular deduction order made in respect of a joint account.]

Textual Amendments

Modifications etc. (not altering text)

[F39Variation of a regular deduction order in respect of a joint accountE+W+S

25IA.—(1) Before varying a regular deduction order made in respect of a joint account—

(a)to increase the amounts deducted; or

(b)to vary the deduction dates,

the Secretary of State shall serve on each account-holder a notice containing the information set out in paragraph (2).

(2) The information is—

(a)that listed in regulation 25A1(2)(b), (c), (e), (g), (h) and (3)(a) or (4)(a) (as appropriate);

(b)that the Secretary of State is proposing to vary the order in respect of the joint account;

(c)an explanation as to why the Secretary of State is proposing to vary the order; and

(d)that the account-holder has an opportunity to make representations about the matters in sub-paragraph (b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate).

(3) The period for making representations to the Secretary of State in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) is—

(a)14 days, beginning with the day on which the account-holder receives the notice; or

(b)such longer period as the Secretary of State considers reasonable in the circumstances of the case.

(4) The regular deduction order may not be varied before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) made to the Secretary of State during that period.]

Textual Amendments

Lapse of a regular deduction orderE+W+S

25J.—(1)  A regular deduction order is to lapse in the circumstances set out in    paragraph (2).

(2) The circumstances are where—

(a)the [F40Secretary of State] has agreed with the liable person an alternative method of payment of the child support maintenance due under the maintenance calculation; F41...

(b) there is an insufficient amount standing to the credit of the account specified in the order to enable a deduction to be made on two consecutive deduction dates, unless the [F40Secretary of State] has decided that the order is to continue for a greater number of deduction dates[F42; or

(c)the Secretary of State—

(i)is satisfied that the liable person has ceased making contributions to the account; or

(ii)has reason to believe that the liable person will cease making contributions to the account in the next deduction period,]

and the [F40Secretary of State] considers it is reasonable in all the circumstances that the order is to lapse.

(3)  A regular deduction order lapses on the day on which the deposit-taker receives notification that the order has lapsed from the [F40Secretary of State].

(4)  A regular deduction order which has lapsed under this regulation is to be treated as remaining in force for the purposes of regulations 25E (notification by the deposit-taker to the [F43Secretary of State]), 25G (review of a regular deduction order) and 25AB (appeals).

[F44(5) This regulation applies to a regular deduction order whether or not made in respect of a joint account, except for paragraph (2)(c) which applies to a regular deduction order made in respect of a joint account only.]

Textual Amendments

Modifications etc. (not altering text)

Revival of a regular deduction orderE+W+S

25K.—(1)  Where a regular deduction order has lapsed it may be revived by the [F45Secretary of State] where—

(a)the liable person has failed to comply with any agreement reached under regulation 25J(2)(a) (lapse of a regular deduction order); F46...

(b)the [F45Secretary of State] has reason to believe that following the lapse of an order under regulation 25J(2)(b) there is sufficient amount standing to the credit of the account specified in the order to enable a deduction to be made[F47; or

(c)following the lapse of an order under regulation 25J(2)(c) the liable person has started making contributions to the account again.]

(2)  Where the [F45Secretary of State] decides to revive a regular deduction order that decision is to take effect on the day notification that the order has been revived is received by the deposit-taker.

Textual Amendments

[F48Revival of a regular deduction order proposed in respect of a joint accountE+W+S

25KA.—(1) Before reviving a regular deduction order made in respect of a joint account, the Secretary of State shall serve on each account-holder a notice containing the information set out in paragraph (2).

(2) The information is—

(a)that listed in regulation 25A1(2)(b), (c), (e), (g), (h) and (3)(a) or (4)(a) (as appropriate);

(b)that the Secretary of State is proposing to revive the order in respect of the account;

(c)an explanation as to why the Secretary of State is proposing to revive the order; and

(d)that the account-holder has an opportunity to make representations about the matters in sub-paragraph (b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate).

(3) The period for making representations to the Secretary of State in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) is—

(a)14 days, beginning with the day on which the account-holder receives the notice; or

(b)such longer period as the Secretary of State considers reasonable in the circumstances of the case.

(4) A regular deduction order may not be revived before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) made to the Secretary of State during that period.]

Textual Amendments

Discharge of a regular deduction orderE+W+S

25L.—(1)  A regular deduction order must be discharged by the [F49Secretary of State] where—

(a)the account specified in the order has been closed;

(b)the maintenance calculation in question is no longer in force and the amount of child support maintenance due under that calculation has been paid in full in accordance with regulation 2 (payment of child support maintenance);

(c) the liable person has complied with any agreement reached under regulation 25J(2)(a) for such period as the [F49Secretary of State] considers appropriate in the circumstances of the case;

(d)the [F49Secretary of State] has reviewed the order under regulation 25G and [F49the Secretary of State] has extinguished the amount to be deducted by the deposit-taker under the order;

(e)on an appeal under regulation 25AB(1)(a) (appeals) the court has set aside the order;

[F50(f)unless sub-paragraph (g) applies, a regular deduction order has lapsed under regulation 25J(2) and—

(i)6 months have passed beginning with the day the lapse took effect; or

(ii)6 months have passed beginning with the day the lapse took effect and during this period of time the Secretary of State has not served any notice under regulation 25KA.]

(g)an appeal is brought by virtue of regulation 25AB(1)(a) or (b), against a regular deduction order which has lapsed under regulation 25J(2) and 1 month has passed beginning on—

(i)the day proceedings on the appeal (including any further appeal) concluded, or

(ii)the end of any period during which a further appeal may ordinarily be brought,

whichever is the later; F51...

(h)the liable person has died[F52; or

(i)the liable person is no longer an account-holder in relation to the account.]

(2)  A regular deduction order may be discharged where the [F53Secretary of State] considers it is appropriate to do so in the circumstances of the case.

(3) Where a regular deduction order is discharged that discharge takes effect immediately after the payment of the last regular deduction prior to discharge.

Textual Amendments

Modifications etc. (not altering text)

CHAPTER 3E+W+SLump Sum Deduction Orders

[F54Period in which representations may be madeE+W+S

25M.  Subject to regulation 25MA(3), where a lump sum deduction order has been made under section 32E(1) of the Act, the period for making representations to the Secretary of State in respect of the proposal specified in that order is 14 days, beginning with the day on which a copy of the order was served.]

Textual Amendments

[F55Notice where an interim lump sum deduction order has been made in respect of a joint accountE+W+S

25MA.—(1) Where the Secretary of State serves a copy of the interim order made in respect of a joint account on each account-holder, that order must be accompanied by a notice containing the information set out in paragraph (2).

(2) The information is—

(a)the name of the liable person;

(b)that the Secretary of State has made the interim order in respect of the account and is proposing to make a final order in respect of that account;

(c)that an interim order or final order which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it);

(d)that the interim order has been made because the liable person is required to pay an amount of arrears of child support maintenance and the Secretary of State is seeking to secure the payment of some or all of that amount;

(e)the earliest date proposed by the Secretary of State for paying the amount of arrears of child support maintenance secured under a final order;

(f)that the account-holder has an opportunity to make representations about the proposal specified in the interim order;

(g)that a final order is likely to be made in the terms set out in the notice if representations are not made; and

(h)the period for making representations.

(3) The period for making representations to the Secretary of State in respect of the matters referred to in paragraph (2)(b), (d) and (e) is—

(a)28 days, beginning with the day on which the account-holder receives the notice; or

(b)such longer period as the Secretary of State considers reasonable in the circumstances of the case.

(4) A final order may not be made before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraph (2)(b), (d) and (e) made to the Secretary of State during that period.”.

(5) In this regulation—

“interim order” means an order under section 32E of the Act; and

“final order” means an order under section 32F of the Act.]

Textual Amendments

Disapplication of sections 32G(1) and 32H(2)(b) of the Act E+W+S

25N.—(1)  Something that would otherwise be in breach of sections 32G(1) and 32H(2)(b) of the Act may, with the consent of the [F56Secretary of State], be done in the following circumstances—

(a)the liable person, the liable person’s partner or any relevant other child is suffering hardship in meeting ordinary living expenses;

[F57(aa)another account-holder, another account-holder’s partner or a child in relation to whom another account-holder is a person with care is suffering hardship in meeting ordinary living expenses;]

(b)the liable person [F58or another account-holder] is under a written contractual obligation, agreed before the lump sum deduction order was made, to make a payment;

(c) the deposit-taker has a right of set off and satisfies the [F56Secretary of State] that an intention to exercise that right was formed within 30 days before the date the lump sum deduction order under section 32E of the Act was served;

(d)the deposit-taker and [F59either the liable person or another account-holder] have made a written agreement in which the availability of an amount standing to the credit of the account specified in the lump sum deduction order was required as security for that agreement; or

(e) any other circumstances the [F56Secretary of State] considers appropriate in the particular case.

(2)  The liable person[F60, another account-holder] or the deposit-taker at which a lump sum deduction order is directed may apply to the [F56Secretary of State] for consent.

(3)  When deciding whether to give consent, the [F61Secretary of State] must take into account—

(a)any adverse impact the decision may have on the liable person or any other person; and

(b)any alternative arrangements which may be made by the liable person[F62, another account-holder] or the deposit-taker.

(4)  Where the [F61Secretary of State] gives consent it is to take effect on the day on which the deposit-taker receives notification from the [F61Secretary of State] to disapply section 32G(1) or 32H(2)(b) of the Act.

(5)  Something that would otherwise be in breach of section 32G(1) and 32H(2)(b) of the Act may be done where—

(a) the amount standing to the credit of the account specified in the lump sum deduction order is less than the amount specified in that order, except in respect of any amount dealt with in compliance with section 32G(1) of the Act ; or

(b) the deposit-taker has made a payment in accordance with section 32H(1)(a) of the Act .

(6)  Paragraph (5) has effect until the [F63Secretary of State] gives notice to the deposit-taker that paragraph (5) has ceased to have effect in a particular case and that notification is to take effect on the day on which the deposit-taker receives notification from the [F63Secretary of State].

(7) In this regulation—

“partner” has the same meaning as in regulation 3(9) (method of payment) and the definition of “couple” in that regulation is to apply accordingly; and

“relevant other child” is to be interpreted in accordance with paragraph 10C(2) of Schedule 1 to the Act and regulations made for the purposes of that paragraph.

Textual Amendments

InformationE+W+S

25O.—(1)  A deposit-taker at which a lump sum deduction order is directed must supply to the [F64Secretary of State] in writing, within 7 days—

(a)of a copy of the order or order as varied being served; or

(b)of notification being received by the deposit-taker that an order has been revived,

the information set out in paragraph (2).

(2) The information is—

(a)if the account specified in the order—

(i)does not exist,

(ii)cannot be traced, or

(iii)has been closed;

(b)whether the amount standing to the credit of the account specified in the order—

(i)on the day the order is served, or

(ii)where an order is revived, on the day the decision to revive the order takes effect,

is at least the same or less than the amount specified in the order and where it is less, that amount; and

(c)where the name of the liable person specified in the order is different to the name in which the account specified in the order is held—

(i)whether the account was previously held in the name of the liable person specified in the order, and

(ii)if so, the new name in which the account is held,

only where the liable person named in the order is the same person as the person in whose name the account specified in the order is held.

(3)  A deposit-taker at which a lump sum deduction order is directed must notify the [F65Secretary of State] within 7 days of notification being received that an order has lapsed or has been discharged—

(a)if the account specified in the order cannot be traced; or

(b)where the name of the liable person specified in the order is different to the name in which the account specified in the order is held—

(i)whether the account was previously held in the name of the liable person specified in the order, and

(ii)if so, the new name in which the account is held,

only where the liable person named in the order is the same person as the person in whose name the account specified in the order is held.

(4)  A deposit-taker at which a lump sum deduction order is directed, must supply to the [F65Secretary of State] within 7 days of receipt of a request being made by the [F65Secretary of State], the following information—

(a)whether the liable person holds another account or has opened an account with that deposit-taker or with another deposit-taker and, if so, the details of that account, including—

(i)the number and sort code of that account, and

(ii)the type of account; and

(b)whether the amount standing to the credit of the account specified in the order on the day the request is received is at least the same or less than the amount specified in the order or the remaining amount and where it is less, that amount.

(5)  In so far as a deposit-taker at which a lump sum deduction order is directed (“A”) has the information, the details of an account held with another deposit-taker (“B”) must be supplied to the [F66Secretary of State] in accordance with paragraph (4) only if—

(a)the liable person has—

(i)closed the account specified in the order and held with A,

(ii)opened an account with B, and

(iii)transferred the amount standing to the credit of the account held with A to the account held with B;

(b)either—

(i)a lump sum deduction order has lapsed, or

(ii) A has notified the [F66Secretary of State] in accordance with paragraph (2)(a)(iii), that the account specified in the order has been closed; and

(c) the [F66Secretary of State] has made a request for the information within 1 month of the order lapsing or, as the case may be, notification being received by the [F66Secretary of State] that the account has been closed.

[F67(5A) A deposit-taker at which a lump sum deduction order is directed must within 7 days of changing the name of an account-holder, beginning with the day on which the deposit-taker changes that name, notify the Secretary of State of the old name of the account-holder and the new name of that account-holder, if the order is—

(a)made in respect of a joint account; and

(b)in force at any time during that 7 day period.]

(6) The requirements of paragraphs (1) to (3) and paragraph (4) as it applies to a deposit-taker at which a lump sum deduction order is directed, apply only in so far as the deposit-taker has the information or can reasonably be expected to acquire it.

(7)  In paragraph (4)(b) and regulation 25T(1)(b) and (c) “remaining amount” has the same meaning as in section 32H(6) of the Act.

Textual Amendments

Priority as between orders – lump sum deduction ordersE+W+S

25P.—(1)  Where a deposit-taker would, but for this paragraph, be obliged to comply with an order under section 32F of the Act , and one or more interim third party debt orders or garnishee orders nisi, it must take action to comply with the orders according to the order in which they were served on the deposit-taker.

(2)  Paragraph (1) does not apply where an order under section 32E of the Act was served after an interim third party debt order or a garnishee order nisi except where there remains an amount standing to the credit of the account specified in the order under section 32F of the Act after any third party debt orders or garnishee orders have been complied with by the deposit-taker (referred to in this regulation as “an outstanding amount”).

(3)  Where there is an outstanding amount section 32G(1) of the Act applies in respect of that amount.

(4) Where a decision to revive a lump sum deduction order takes effect on the same day as or any day after a third party debt order or garnishee order has been served, the deposit-taker must take action to comply with any of those orders before making a deduction under the lump sum deduction order.

(5) Paragraphs (1) to (4) do not apply to Scotland.

(6)  In Scotland, where a deposit-taker would, but for this paragraph, be obliged to comply with an order under section 32F of the Act , and one or more arrestment schedules (“arrestments”) it must give preference to that order and those arrestments according to the order in which they were served on the deposit-taker.

(7)  Where there remains an amount standing to the credit of the account specified in the order under section 32F of the Act after any arrestments have been complied with by the deposit-taker, section 32G(1) of the Act applies in respect of that amount.

(8) Where a decision to revive a lump sum deduction order takes effect on the same day as or any day after any arrestments have been served, the deposit-taker must take action to comply with any of those arrestments before making a deduction under the lump sum deduction order.

Minimum amountE+W+S

25Q.—(1) A deduction must not be made where the amount standing to the credit of the account specified in the lump sum deduction order is below the minimum amount on the date the deduction is due to be made.

(2) The minimum amount is £55 plus the amount of administrative costs authorised by regulation 25Z(b) (administrative costs).

Variation of a lump sum deduction orderE+W+S

25R.—(1) The [F68Secretary of State] may, in the circumstances set out in paragraph (2), vary a lump sum deduction order by reducing the amount specified in that order.

(2) The circumstances are that—

(a) the [F68Secretary of State] accepts the liable person’s agreement to make a payment;

(b) a decision has been made under section 11, 12, 16 or 17 of the Act or there has been an appeal against a maintenance calculation;

(c) the [F68 Secretary of State ] has consented to the doing of things that would otherwise be in breach of sections 32G(1) and 32H(2)(b) of the Act ;

(d)there has been an appeal made under regulation 25AB(1)(c) or (d) (appeals); or

(e) representations made in respect of the proposals specified in the order made under section 32E of the Act have been accepted by the [F68 Secretary of State ] .

(3) Where—

(a)a lump sum deduction order has been varied under this regulation; and

(b)a copy of the order as varied has been served on the deposit-taker at which it is directed,

that deposit-taker must comply with the order when that order is served.

Textual Amendments

Lapse of a lump sum deduction orderE+W+S

25S.—(1) A lump sum deduction order is to lapse in the circumstances set out in paragraph (2).

(2) The circumstances are where—

(a) the amount in the account specified in the order under section 32E of the Act is nil;

(b) in consequence of the consent given by the [F69Secretary of State] under regulation 25N(1) (disapplication of section 32G(1) and 32H(2)(b) of the Act ) the amount in the account specified in the lump sum deduction order is reduced to nil; or

(c) the [F69Secretary of State] has agreed with the liable person an alternative method of payment of the child support maintenance due under the maintenance calculation,

and the [F69Secretary of State] considers it is reasonable in all the circumstances that the order is to lapse.

(3)  A lump sum deduction order lapses on the day on which the deposit-taker receives notification that the order has lapsed from the [F69Secretary of State].

(4) A lump sum deduction order which has lapsed under this regulation is to be treated as remaining in force for the purposes of regulations 25M (period in which representations may be made), 25O (information) and 25AB (appeals).

Textual Amendments

Modifications etc. (not altering text)

Revival of a lump sum deduction orderE+W+S

25T.—(1)  Where a lump sum deduction order has lapsed it may be revived by the [F70Secretary of State] where—

(a) in the case of an order under section 32E of the Act , the amount standing to the credit of the account specified in that order was nil and the [F70Secretary of State] is informed in accordance with the requirement in regulation 25O(4)(b) that there is an amount at least the same as or less than the amount specified in the order standing to the credit of the account specified in the order;

(b) a lump sum deduction order has lapsed under regulation 25S(2)(b) (lapse of a lump sum deduction order) and the [F70Secretary of State] is informed in accordance with the requirement in regulation 25O(4)(b) that there is an amount at least the same as or less than the amount specified in the order, or the remaining amount, standing to the credit of the account specified in the order; or

(c) in the case of an order under section 32F of the Act , there is a remaining amount and the liable person has failed to comply with the agreement referred to in regulation 25S(2)(c).

(2)  Where the [F70Secretary of State] decides to revive a lump sum deduction order that decision is to take effect on the day notification that the order has been revived is received by the deposit-taker.

Textual Amendments

Discharge of a lump sum deduction orderE+W+S

25U.—(1) A lump sum deduction order must be discharged where—

(a)the account specified in the order has been closed;

(b)the amount of arrears of child support maintenance specified in the order has been paid in full in accordance with regulation 2 (payment of child support maintenance);

(c) the liable person has paid the total amount of arrears of child support maintenance specified in the order by an alternative method agreed between the [F71Secretary of State] and the liable person;

(d) the [F71Secretary of State] has considered representations made in respect of an order under section 32E of the Act and [F72the Secretary of State] has decided not to make an order under section 32F of the Act ;

(e)unless sub-paragraph (f) applies—

(i) an order under section 32F of the Act has lapsed under regulation 25S(2) and 6 months have passed beginning on the day on which the deposit-taker received notification that the order had lapsed from the [F71Secretary of State], or

(ii) regulation 25N(5) applies and 6 months have passed beginning on the day on which payment was made under section 32H(1)(a) of the Act;

(f)an appeal is brought by virtue of regulation 25AB(1)(d) and 1 month has passed beginning on—

(i)the day proceedings on the appeal (including any further appeal) concluded, or

(ii)the end of any period during which a further appeal may ordinarily be brought,

whichever is the later; F73...

(g)the liable person has died[F74; or

(h)the liable person is no longer an account-holder in relation to the account.]

(2)  A lump sum deduction order may be discharged where the [F71Secretary of State] considers it is appropriate to do so in the circumstances of the case.

(3) A lump sum deduction order is discharged on the day notification that the order has been discharged is received by the deposit-taker.

Textual Amendments

Modifications etc. (not altering text)

Time at which a lump sum deduction order under section 32E of the Act ceases to be in force E+W+S

25V.   For the purposes of section 32E(8)(a) of the Act the prescribed period is—

(a)unless paragraph (b) applies, 6 months beginning on—

(i) the day the order under section 32E of the Act was served on the deposit-taker, or

(ii) where that order has lapsed under regulation 25S, the day on which the deposit-taker received notification that the order had lapsed from the [F75Secretary of State]; or

(b)where an appeal is brought by virtue of regulation 25AB(1)(c) (appeal against the withholding of consent), 1 month beginning on—

(i)the day proceedings on the appeal (including any further appeal) concluded, or

(ii)the end of any period during which a further appeal may ordinarily be brought,

whichever is the later.

Textual Amendments

Meaning of “the relevant time”E+W+S

25W.   For the purposes of the meaning of “the relevant time” in section 32H(6) of the Act the prescribed circumstances are that—

(a) unless to paragraph (b) applies, 6 months have passed beginning on the day the order under section 32F of the Act was served on the deposit-taker; or

(b)where an appeal is brought by virtue of regulation 25AB(1)(d), 1 month has passed beginning on—

(i)the day proceedings on the appeal (including any further appeal) concluded, or

(ii)the end of any period during which a further appeal may ordinarily be brought,

whichever is the later.

CHAPTER 4E+W+SGeneral Matters for Deduction Orders

Accounts of a prescribed descriptionE+W+S

25X.—(1) A regular deduction order or a lump sum deduction order may not be made in respect of an account which—

(a)the liable person operates solely for the purposes of exercising the function of a trustee or office holder and the account is one in which all the funds are held on behalf of other persons or for the purposes of that office; or

(b)is used wholly or in part for business purposes.

(2)  For the purposes of paragraph (1)(b), whether an account is used wholly or in part for business purposes is to be decided by the [F76Secretary of State].

[F77(3) Paragraph (1)(b) does not apply where a regular deduction order or a lump sum deduction order is made in respect of an account which is used by—

(a)the liable person as a sole trader; or

(b)a partnership formed in England or Wales, of which the liable person is a partner.]

Textual Amendments

[F78Deduction orders in respect of joint accountsE+W+S

25XA.  A regular deduction order or a lump sum deduction order may be made in respect of a joint account which is held by the liable person and one or more other persons.

Textual Amendments

Sharing information with account-holdersE+W+S

25XB.  Where the Secretary of State serves a notice on an account-holder under regulation 25A1, 25IA, 25KA or 25MA, that notice may be accompanied by such information about the liable person as the Secretary of State considers essential to enable the account-holder to make representations in respect of the proposal specified in the notice.

Textual Amendments

Information provided by a deposit-taker before the making of an orderE+W+S

25XC.—(1) Before making a regular deduction order or a lump sum deduction order in respect of a joint account, the Secretary of State may by way of notice require a deposit-taker to provide the information set out in paragraph (3) to the Secretary of State.

(2) The information required under paragraph (1) must be provided within 14 days, beginning with the day on which the Secretary of State’s notice was served on the deposit-taker.

(3) The information is—

(a)the name of each account-holder;

(b)the residential address or the address for correspondence, if different, of each account-holder;

(c)the number and sort code of the account;

(d)the type of account;

(e)the amount standing to the credit of the account specified in the request; and

(f)details of any transactions on the account in the 6 month period before the Secretary of State’s notice was served on the deposit-taker.]

Textual Amendments

Circumstances in which amounts standing to the credit of an account are to be disregardedE+W+S

25Y.   The circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of sections 32A, 32E, 32G and 32H of the Act are where the liable person has no beneficial interest in the amount.

Administrative costsE+W+S

25Z.   A deposit-taker at which an order under section 32A or 32F of the Act is directed may deduct from the amount standing to the credit of the account specified in the order an amount towards its administrative costs for each deduction made, not exceeding—

(a)in the case of a regular deduction order, £10; or

(b) in the case of a lump sum deduction order under section 32F of the Act, £55,

before making any payment to the [F79Secretary of State] required by section 32A or, as the case may be, section 32H of the Act .

Textual Amendments

Payment by deposit-taker to the [F80Secretary of State] E+W+S

25AA.—(1)  Amounts deducted by a deposit-taker at which a regular deduction order or a lump sum deduction order under section 32F of the Act is directed must be paid to the [F81Secretary of State] within—

(a)in the case of a regular deduction order, 10 days of the date the regular deduction is due to be made; or

(b) in the case of a lump sum deduction order under section 32F of the Act, 10 days of the end of the relevant period.

(2)  The payment to the [F81Secretary of State] of amounts deducted under that order may be made by—

(a)cheque;

(b)automated credit transfer; or

(c) such other method as the [F81Secretary of State] may specify.

(3)  In this regulation “the relevant period” has the same meaning as in section 32G(5) and (6) of the Act.

Textual Amendments

AppealsE+W+S

25AB.—(1) A qualifying person has a right of appeal to [F82the family court] or in Scotland the sheriff of the sheriffdom in which that person resides, against—

(a)the making of a regular deduction order;

(b) any decision made by the [F83Secretary of State] on an application made under regulation 25G (review of a regular deduction order);

(c) the withholding of the consent to be obtained in accordance with regulation 25N (disapplication of sections 32G(1) and 32H(2)(b) of the Act);

(d) the making of an order under section 32F of the Act.

(2) In this regulation a “qualifying person” means—

(a)in relation to paragraph (1)(a) and (b), any person affected by—

(i)a regular deduction order, or, as the case may be,

(ii)the decision referred to in paragraph (1)(b);

(b)in relation to paragraph (1)(c), the persons prescribed in regulation 25N(2); and

(c) in relation to paragraph (1)(d), any person affected by an order under section 32F of the Act.

Textual Amendments

OffencesE+W+S

25AC.   The following regulations are designated for the purposes of sections 32D(1)(b) and 32K(1)(b) of the Act—

(a)[F84regulation 25E(1) to (5A)] (notification by the deposit-taker to the [F85Secretary of State]);

(b)regulation 25I(4) (variation of a regular deduction order);

(c)[F86regulation 25O(1) to (5A)] (information);

(d)regulation 25R(3) (variation of a lump sum deduction order); F87...

(e) regulation 25AA(1) (payment by deposit-taker to the [F88Secretary of State])[F89; and

(f)regulation 25XC (information provided by a deposit-taker before the making of an order).]

Textual Amendments

[F90Secretary of State] to warn of consequences of failing to comply with an order or to provide informationE+W+S

25AD.   Where information is required by virtue of regulation 25E or 25O, the [F91Secretary of State] must set out in writing the possible consequences of failure to—

(a)comply with a regular deduction order or lump sum deduction order; and

(b)provide the information required under the regulations designated by regulation 25AC(a) and (b) (offences),

including details of the offences provided for by virtue of sections 32D and 32K of the   Act, as the case may be. ]

Textual Amendments

[F92ReviewE+W+S

25AE.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in regulations 25A to 25AD of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) The report must, in particular—

(a)set out the objectives intended to be achieved by those provisions;

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report under this regulation must be published before the end of the period of 5 years, beginning with the date on which the Child Support (Miscellaneous Amendments) Regulations 2018 come into force.

(4) Subsequent reports under this regulation must be published at intervals not exceeding 5 years.

(5) In this regulation, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015.]

Textual Amendments

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