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

Amendment of the Arrears, Interest and Adjustment Regulations E+W+S

5.—(1) The Arrears, Interest and Adjustment Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (2) of regulation 1 (interpretation)—

(a) the following definitions shall be omitted: “absent parent”, “due date”, “Maintenance Assessments and Special Cases Regulations” and “Maintenance Assessment Procedure Regulations”;

(b) after the definition of “arrears notice” there shall be inserted—

““Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 M1 ;”;

(c) before the definition of “parent with care” there shall be inserted—

““non-resident parent” includes a person treated as such under regulation 8 of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 M2 ;”;

and

(d) in the definition of “relevant person”, for “Maintenance Assessment Procedure Regulations” there shall be substituted “ Maintenance Calculation Procedure Regulations ”.

(3) In Part II (arrears of child support maintenance and interest on arrears)—

(a) in the heading to the Part, “and interest on arrears” shall be omitted;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in regulation 8—

(i) in paragraphs (1)(i) and (2), for “absent parent” there shall be substituted “ non-resident parent ”; and

(ii) in paragraph (2), for “maintenance assessment” there shall be substituted “ maintenance calculation ”; and

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In Part III (attribution of payments and adjustment of the amount payable under a maintenance assessment)—

(a) in the heading to the Part and the heading to regulation 10, for “assessment” there shall be substituted “ calculation ”;

(b) in regulation 9, paragraphs (1) and (4) of regulation 10 and paragraph (1) of regulation 10A for “assessment” wherever it appears there shall be substituted “ calculation ”;

(c) in regulation 9, paragraph (1)(b)(i) of regulation 10 and paragraph (1) of regulation 10A, for “absent parent” there shall be substituted “ non-resident parent ”;

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in regulation 10A(1)—

(i) in sub-paragraph (a), the words “family credit or disability working allowance” shall be omitted; and

(ii) sub-paragraph (b) shall be omitted; and

(f) after regulation 10A there shall be inserted—

“ Repayment of a reimbursement of a voluntary payment

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.”.

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

Commencement Information

I1 Reg. 5 coming into force in accordance with {reg. 1(3)} and S.I. 2003/192

Marginal Citations

M1 S.I. 2001/157.

M2 S.I. 2001/155.