Collection and enforcement

29 Collection of child support maintenance.

(1)

The F1Secretary of State may arrange for the collection of any child support maintenance payable in accordance with a F2maintenance calculation where—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

an application has been made to the F1Secretary of State under section 4(2) or 7(3) for F1the Secretary of State to arrange for its collection.

(2)

Where a F2maintenance calculation is made under this Act, payments of child support maintenance under the F4calculation shall be made in accordance with regulations made by the Secretary of State.

(3)

The regulations may, in particular, make provision—

(a)

for payments of child support maintenance to be made—

(i)

to the person caring for the child or children in question;

(ii)

to, or through, the F5Secretary of State; or

(iii)

to, or through, such other person as the F5Secretary of State may, from time to time, specify;

(b)

as to the method by which payments of child support maintenance are to be made;

F6(c)

for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);

F6(ca)

requiring payments of child support maintenance to be made—

(i)

by reference to such an amount and a reference period; and

(ii)

at prescribed intervals falling in a reference period;

(d)

as to the method and timing of the transmission of payments which are made, to or through the F5Secretary of State or any other person, in accordance with the regulations;

(e)

empowering the F5Secretary of State to direct any person liable to make payments in accordance with the F4calculation—

(i)

to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;

(ii)

to open an account from which payments under the F4calculation may be made in accordance with the method of payment which that person is obliged to adopt;

(f)

providing for the making of representations with respect to matters with which the regulations are concerned.

F7(3A)

In subsection (3)(c) and (ca) “a reference period” means—

(a)

a period of 52 weeks beginning with a prescribed date; or

(b)

in prescribed circumstances, a prescribed period.

F8(4)

If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—

(a)

for that method of payment not to be used in any case where there is good reason not to use it; and

(b)

for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.

(5)

On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.

(6)

Regulations under subsection (4)(b) may include—

(a)

provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)

provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.

(7)

If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—

(a)

prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

(b)

prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.