The Child Support (Collection and Enforcement) Regulations 1992

Discharge of deduction from earnings orders E+W+S

20.— [F1 (1) The Secretary of State may discharge a deduction from earnings order where it appears to him that—

(a) no further payments are due under it;

(b) the order is ineffective or some other way of securing that payments are made would be more effective;

(c) the order is defective;

(d) the order fails to comply in a material respect with any procedural provision of the Act or regulations made under it other than provision made in regulation 9, 10 or 11;

(e) at the time of the making of the order he did not have, or subsequently ceased to have, jurisdiction to make a deduction from earnings order; F2 ...

(f) in the case of an order made at a time when there is in force [F3 a default or interim maintenance decision], it is inappropriate to continue deductions under the order having regard to the compliance or the attempted compliance with the [F4 maintenance calculation] by the liable person][F5 ; or

(g) the circumstances in regulation 10(3) apply][F6 ; or

(h) it is appropriate to discharge the order in a case where liability has ceased to accrue under the maintenance assessment or maintenance calculation in respect of which the order is made because the power under paragraph 1(1) of Schedule 5 to the Child Maintenance and Other Payments Act 2008 (power to require a decision about whether to stay in the statutory scheme) has been exercised in relation to the case.]

(2) The Secretary of State shall give written notice of the discharge of the deduction from earnings order to the liable person and to the liable person’s employer.

Textual Amendments

F1 Reg. 20(1) substituted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 19

F2 Word in reg. 20(1)(e) omitted (10.12.2012 for specified purposes) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(5), 4(6)(a) (with regs. 11, 12)

F3 Words in reg. 20(1)(f) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(g)(i) (with reg. 6)

F4 Words in reg. 20(1)(f) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(g)(i) (with reg. 6)

F5 Reg. 20(1)(g) and word inserted (10.12.2012 for specified purposes) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(5), 4(6)(b) (with regs. 11, 12)

F6 Reg. 20(1)(h) and word inserted (temp. until 22.5.2021) (7.11.2016) by The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016 (S.I. 2016/982), regs. 1(1), 2 (with reg. 1(2))

Modifications etc. (not altering text)

C1 Reg. 20 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 2(8) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)