The Child Support (Management of Payments and Arrears) Regulations 2009

[F1 Circumstances in which the Secretary of State may exercise the power in section 41E of the 1991 Act E+W+S

13G.   The circumstances of the case specified for the purposes of section 41E(1)(a) of the 1991 Act are that—

(a) the person with care has requested under section 4(5) of that Act that the Secretary of State ceases to act in respect of the arrears;

(b) a child in Scotland has requested under section 7(6) of that Act that the Secretary of State ceases to act in respect of the arrears;

(c) the person with care, or (in Scotland) the child, has died;

(d) the non-resident parent died before 25 January 2010 or there is no further action that can be taken with regard to recovery of the arrears from the non-resident parent’s estate under Part 4;

(e) the arrears relate to liability for child support maintenance for any period in respect of which an interim maintenance assessment was in force between 5 April 1993 and 18 April 1995; F2 ...

(f) the non-resident parent has been informed by the Secretary of State that no further action would ever be taken to recover those arrears.

[F3 (g) the arrears relate to liability for child support maintenance accrued under a 1993 or 2003 scheme case and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Secretary of State under regulation 13H(1), or, where the arrears fall within regulations 13K(1)(a), (b) or (d), within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act;

(h) the arrears relate to liability for child support maintenance accrued under a 1993 or 2003 scheme case which has transferred from the Child Support Agency system to the Child Maintenance Service system and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Secretary of State under regulation 13H(1), or, where the arrears fall within regulations 13K(2)(a) or (b), within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act; F4 ...

(i) the arrears relate to sequestrated debt in Scotland for a 1993, 2003 or 2012 scheme case once the trustee administering the sequestration has confirmed that the period of sequestration has ended; F5 ...]]

[F6 (j) the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 2016 (protected trust deed: discharge of debtor) from liability for the arrears][F7 ;

(k) the arrears relate to liability for child support maintenance accrued under a 2012 scheme case where all of the following apply—

(i) a maintenance calculation has ceased to have effect under one or more of the following provisions of the 1991 Act—

(aa) section 4(5) and (6) (a person who requested a maintenance calculation requests the Secretary of State to cease acting);

(bb) section 7(6) and (7) (child in Scotland who requested a maintenance calculation requests the Secretary of State to cease acting);

(cc) Schedule 1, paragraph 16(1) (termination of calculations),

(ii) the arrears are less than £7, and

(iii) the non-resident parent has failed to make any payments within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act (power to write off arrears); or

(l) the arrears relate to liability for child support maintenance accrued under a 2012 scheme case where all of the following apply—

(i) the Secretary of State does not have jurisdiction to make a maintenance calculation under section 44 of the 1991 Act,

(ii) as a result of sub-paragraph (i), the Secretary of State has made a supersession decision under section 17(1) of the 1991 Act,

(iii) the arrears are less than £7, and

(iv) the non-resident parent has failed to make any payments within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act (power to write off arrears).]

Textual Amendments

F1 Part 4A - 4B inserted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 2(3)

F2 Word in reg. 13G omitted (13.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(2), 4(3)(a)

F3 Reg. 13G(g)-(i) inserted (13.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(2), 4(3)(b)

F4 Word in reg. 13G(h) omitted (4.7.2019) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 9(2)(a)

F5 Word in reg. 13G omitted (26.2.2024) by virtue of The Child Support (Management of Payments and Arrears and Fees) (Amendment) Regulations 2024 (S.I. 2024/87), regs. 1(2), 4(a)

F6 Reg. 13G(j) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 9(2)(c)

F7 Reg. 13G(k)(l) inserted (26.2.2024) by The Child Support (Management of Payments and Arrears and Fees) (Amendment) Regulations 2024 (S.I. 2024/87), regs. 1(2), 4(b)