- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Child Support (Collection and Enforcement) Regulations 1992, Section 25G.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
25G.—[F2(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)[F3the liable person, the deposit-taker or another account-holder (in the case of an order made in respect of a joint account)] satisfies the [F4Secretary 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)[F5the 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 [F6current] 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; F7...
(f) the order does not comply with the requirements of section 32A(5) of the Act or regulation 25B(1) or 25C.
[F8(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 [F9Secretary of State] changes the amount to be deducted by the deposit-taker under the order, [F9 the Secretary of State ] may vary the order; or
(b) where the [F9Secretary of State] extinguishes the amount to be deducted by the deposit-taker under the order, [F9 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
F1Pt. 3A inserted (3.8.2009) by Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009 (S.I. 2009/1815), regs. 1(1), 2
F2Reg. 25G(1) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(a)
F3Words in reg. 25G(2)(a) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(i)
F4Words in reg. 25G(2)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 111(5)(a)
F5Words in reg. 25G(2)(b) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(ii)
F6Word 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)
F7Word in reg. 25G(2)(e) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(iii)
F8Regs. 25G(2)(g)-(h) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(iv)
F9Words in reg. 25G(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 111(5)(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: