The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 No. 1816

PART II ARREARS OF CHILD SUPPORT MAINTENANCE F1 ...

Textual Amendments

F1 Words in heading to Part II omitted (see reg. 1(3) of S.I. 2001/162 for effective date) by S.I. 2001/162, reg. 5(3)(a), (with reg. 6)

Applicability of provisions as to arrears F2 ... and arrears notices

F3 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 2 word in heading omitted (3.3.2003) by S.I. 2001/162, reg. 5(3)(b)(i) (with reg. 6)

F3 Reg. 2 revoked (25.1.10) by S.I. 2009/3151, reg. 1, 14, Sch. (with reg. 15)

Liability to make payments of interest with respect to arrears

F4 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 3 revoked (25.1.10) by S.I. 2009/3151, reg. 1, 14, Sch. (with reg. 15)

Circumstances in which no liability to pay interest arises

F5 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 4 revoked (25.1.10) by S.I. 2009/3151, reg. 1, 14, Sch. (with reg. 15)

Payment of arrears by agreement

F6 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 5 revoked (25.1.10) by S.I. 2009/3151, reg. 1, 14, Sch. (with reg. 15)

Rate of interest and calculation of interest

F7 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 6 revoked (25.1.10) by S.I. 2009/3151, reg. 1, 14, Sch. (with reg. 15)

Receipt and retention of interest paid

F8 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 7 revoked (25.1.10) by S.I. 2009/3151, reg. 1, 14, Sch. (with reg. 15)

[F9 Retention of recovered arrears of child support maintenance by the Secretary of State

8.— (1) This regulation applies where—

(i) the Secretary of State recovers arrears from an [F10 non-resident parent ] under section 41 of the Act ; and

(ii) income support [F11 or income-based jobseeker’s allowance] is paid to or in respect of the person with care or was paid to or in respect of that person at the date or dates upon which the payment or payments of child support maintenance referred to in paragraph (2) should have been made.

(2)  Where paragraph (1) applies, the Secretary of State may retain such amount of those arrears as is equal to the difference between the amount of income support [F11 or income-based jobseeker’s allowance] that was paid to or in respect of the person with care and the amount of income support [F11 or income-based jobseeker’s allowance] that he is satisfied would have been paid had the [F12 non-resident parent] paid, by the due dates, the amounts due under the child support [F13 maintenance calculation] in force or to be taken to have been in force by virtue of the provisions of section 41(2A) of the Act . ]

Textual Amendments

F9 Reg. 8 substituted (22.1.1996) by S.I. 1995/3261, reg. 2

F10 Reg. 8 words substituted (3.3.2003) by S.I. 2001/162, reg. 5(3) (with reg. 6)

F11 Words in reg. 8 inserted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 3(2)(b)

F12 Reg. 8 words substituted (3.3.2003) by S.I. 2001/162, reg. 5(3) (with reg. 6)

F13 Reg. 8 words substituted (3.3.2003) by S.I. 2001/162, reg. 5(3) (with reg. 6)