The Child Support (Miscellaneous Amendments) Regulations 2019

This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament and published on 30th April 2019 (ISBN 978-0-11-118664-0). It is being issued free of charge to all known recipients of that draft Statutory Instrument.

Draft Regulations laid before Parliament under section 52(2) of the Child Support Act 1991 and section 44(2) of the Protection of Freedoms Act 2012, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2019 No.

Family Law

Child Support

Social Security

The Child Support (Miscellaneous Amendments) Regulations 2019

Made

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1), 41E, 43, 51(1) and 52(4) of, and paragraph 10 of Schedule 1 to, the Child Support Act 1991(1) (“the 1991 Act”), sections 5(1)(p) and 189(1) and (4) to (6) of the Social Security Administration Act 1992(2) (“the 1992 Act”), section 6(1) and (2) of the Child Maintenance and Other Payments Act 2008(3) and sections 40 and 44(1) of the Protection of Freedoms Act 2012(4) (“the 2012 Act”).

In accordance with section 173(1)(b) of the 1992 Act, the Social Security Advisory Committee has agreed that the proposals in respect of Part 2 of these Regulations should not be referred to it.

In accordance with section 43 of the 2012 Act, the Secretary of State has, in relation to Part 4 of these Regulations, consulted such persons appearing to the Secretary of State to be representative of the views of persons entitled to exercise the power of entry, and such other persons, as the Secretary of State considers appropriate.

In accordance with section 52(2) of the 1991 Act and section 44(2) of the 2012 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

(1)

1991 c. 48. Section 14(1) was amended by sections 12 and 26 of, and paragraphs 11(1) and 11(7) of Schedule 3 to, the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”) and by section 58 of, and Schedule 8 to, the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”). Section 41E was inserted by section 33 of the 2008 Act. Section 43 was substituted by section 21 of the 2000 Act. See the definition of “prescribed” in section 54. Schedule 1 was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 1, and paragraph 10 of that Schedule was amended by the Child Maintenance and Other Payments Act 2008 (c. 6), Schedule 4, paragraph 9. References in the 1991 Act to “the Commission” were replaced by references to “the Secretary of State” by S.I. 2012/2007.

(2)

1992 c. 5. Section 189(1) was amended by Schedule 7 to the Social Security Act 1998 (c. 14), Schedule 3 to the Transfer of Functions Act 1999 (c. 2), and Schedule 6 to the Tax Credits Act 2002 (c. 21). See the definition of “prescribed” in section 191 as amended by paragraph 10 of Schedule 5 to the Welfare Reform Act 2007 (c.5). Section 189(4) was amended by S.I. 2013/252.

(3)

2008 c. 6. Section 6(1) was amended by S.I. 2012/2007. Section 6(2) was amended by the Welfare Reform Act 2012 (c. 5), section 140.

(4)

2012 c. 9. See the definition of “appropriate national authority” in section 46.