The Child Support (Collection and Enforcement) Regulations 1992

[F1Review of a regular deduction orderE+W+S

25G.—[F2(1) The following persons may apply to the Secretary of State for a review of a regular deduction order—

(a)a deposit-taker at which the order is directed;

(b)the liable person against whom the order is made; or

(c)another account-holder (in the case of an order made in respect of a joint account).]

(2) The circumstances in which an application may be made under paragraph (1) are that—

(a)[F3the liable person, the deposit-taker or another account-holder (in the case of an order made in respect of a joint account)] satisfies the [F4Secretary of State] that some or all of the amount standing to the credit of the account specified in the order is not an amount in which the liable person has a beneficial interest;

(b)[F5the applicant is the liable person and] there has been a change in the amount of the maintenance calculation in question;

(c)any amounts payable under the order have been paid;

(d)the maximum deduction rate has been calculated in accordance with regulation 25C(1)(a)(ii) (maximum deduction rate) and there has been a change in the liable persons [F6current] income since the date of the most recent previous maintenance calculation;

(e)due to an official error, an incorrect amount has been specified in the order; F7...

(f) the order does not comply with the requirements of section 32A(5) of the Act or regulation 25B(1) or 25C.

[F8(g)for a joint account, another account-holder satisfies the Secretary of State that the amount contributed by the liable person to the account specified in the order—

(i)has decreased; or

(ii)will decrease within a period of 3 months of the date on which the account-holder applied for a review of the order; or

(h)for a joint account, another account-holder who did not make representations within the period for making representations under regulation 25A1(5), 25IA(3) or 25KA(3) both—

(i)satisfies the Secretary of State that that account-holder had reasonable excuse for not making representations within that period; and

(ii)applies for a review of the order within 3 months of the expiry of the period for making representations under regulation 25A1(5), 25IA(3) or 25KA(3).]

(3) Following a review of an order under this regulation—

(a) where the [F9Secretary of State] changes the amount to be deducted by the deposit-taker under the order, [F9 the Secretary of State ] may vary the order; or

(b) where the [F9Secretary of State] extinguishes the amount to be deducted by the deposit-taker under the order, [F9 the Secretary of State ] must discharge the order.

(4) In paragraph (2)(e) “official error” has the same meaning as in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (interpretation).]

Textual Amendments

F6Word in reg. 25G(2)(d) substituted (30.9.2013 for specified purposes) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(5)