The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014

Amendments to the Child Support (Collection and Enforcement) Regulations 1992 U.K.

2.—(1) The Child Support (Collection and Enforcement) Regulations 1992 M1 [F1 are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008, as if they had been amended] as follows.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (2) M2 , after the definition of “the 2000 Act” insert—

““collection fee” means a fee payable by a non-resident parent under regulation 7 (the collection fee) of the Child Support Fees Regulations 2014 M3 ;

“enforcement fee” means a fee payable under regulation 10 (the enforcement fee) of the Child Support Fees Regulations 2014;”;

(b) for paragraph (2A) M4 substitute—

“(2A) Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations “fee” means a collection fee or an enforcement fee (or both).”.

(3) In regulation 2(2) (payment of child support maintenance), after “maintenance” insert “ or liable to make payment of a fee (or both) ”.

(4) In regulation 3 (method of payment)—

(a) in paragraph (2) M5 , after “paragraph (1)” insert “ and from which payments of collection fees (where payable) may be made ”;

(b) in paragraph (6) M6 , after “liability” in sub-paragraphs (b) and (c) insert “ , that parent's liability to pay a fee or the amount of a fee payable by that parent ”.

(5) In regulation 4(1) M7 (payments to be scheduled over reference period), after “payments of child support maintenance” insert “ and any collection fees ”.

(6) In regulation 7 (notice to liable person as to requirements about payment) M8 —

(a) in paragraph (1)—

(i) in sub-paragraph (a), after “child support maintenance” insert “ and any collection fees ”,

(ii) in sub-paragraph (b), for “it is” substitute “ child support maintenance and any collection fees are ”,

(iii) in sub-paragraph (c), after “payment” insert “ of child support maintenance and any collection fees ”,

(iv) in sub-paragraph (d), after “payments” insert “ of child support maintenance and any collection fees ”,

(v) in sub-paragraph (e), after “child support maintenance” insert “ and any payment of a collection fee ”;

(b) in paragraph (1A), in both places where it appears, for “, interest or fees” substitute “ or interest ”;

(c) after paragraph (1A) insert—

“(1B) In the case of an enforcement fee, the Secretary of State shall send the liable person a notice stating—

(a) the amount of the enforcement fee payable; and

(b) the method of enforcement action in respect of which that fee is payable.”;

(d) in paragraph (3), for “, interest or fees” substitute “ or interest ”;

(e) after paragraph (3) insert—

“(4) A notice under paragraph (1B) shall be sent to the liable person as soon as is reasonably practicable after an enforcement fee becomes payable.”.

(7) In regulation 17(1)(b) (requirement to review deduction from earnings orders) M9 —

(a) after “any arrears” insert “ of child support maintenance, arrears of collection fees ”;

(b) for “fees” substitute “ enforcement fee ”.

(8) In regulation 20 (discharge of deduction from earnings orders) M10 —

(a) in paragraph (1), after “where” insert “ paragraph (1A) applies or ”;

(b) in paragraph (1)(f), after “maintenance calculation” insert “ and any requirement to pay collection fees ”;

(c) after paragraph (1), insert—

“(1A) This paragraph applies where—

(a) the Secretary of State has agreed with the liable person an alternative method of payment of the child support maintenance due under the maintenance calculation and an alternative method of payment of fees (where payable); and

(b) the Secretary of State considers it is reasonable to discharge the order in the circumstances of the case.”.

(9) In regulation 27(2) (notice of intention to apply for a liability order) M11 , for “ or fees” substitute “ , collection fees or enforcement fees ”.

(10) In Schedule 1 (liability order prescribed form) M12 , after “Part IV of the Child Support (Collection and Enforcement) Regulations 1992” insert “ and Parts 3 and 4 of the Child Support Fees Regulations 2014 ”.

Textual Amendments

F1 Words in reg. 2(1) substituted (24.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) (No 2) Regulations 2014 (S.I. 2014/1621), regs. 1(2), 3(4)

Marginal Citations

M1 S.I. 1992/1989; relevant amending instruments are S.I. 1995/1045, 2001/162, 2008/2544, 2009/1815, 2012/2007, 2012/2785.

M2 Paragraph (2) was substituted by S.I. 2001/162.

M3 S.I. 2014/612.

M4 Paragraph (2A) was inserted by S.I. 2001/162.

M5 Paragraph (2) was amended by S.I. 2001/162.

M6 Paragraph (6) was inserted by S.I. 2008/2544.

M7 Regulation 4 was substituted by S.I. 2012/2785.

M8 Paragraphs (1) and (2) were amended, and paragraphs (1A) and (3) inserted, by S.I. 2001/162.

M9 Regulation 17 was substituted by S.I. 1995/1045. Paragraph (1)(b) was amended by S.I. 2001/162.

M10 Regulation 20 was substituted by S.I. 1995/1045. Paragraph (1)(f) was amended by S.I. 2001/162.

M11 Regulation 27(2) was amended by S.I. 2001/162.

M12 Schedule 1 was amended by S.I. 2001/162.