The Child Support (Collection and Enforcement) Regulations 1992

Method of payment E+W+S

3.—(1) Payments of child support maintenance [F1 , penalty payments, interest and fees] shall be made by the liable person by whichever of the following methods the Secretary of State specifies as being appropriate in the circumstances—

(a) by standing order;

(b) 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;

(c) by an arrangement whereby one person gives his authority for payments to be made from an account of his, or on his behalf, to another person or to an account of that other person;

(d) by cheque or postal order;

(e) in cash.

[F2 (f) by debit card.]

[F3 (g) by credit card;

F4 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F5 (i) by deduction from earnings order.]

[F6 [F7 (1A) In paragraph (1)—

(a) “debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s bank or building society account is debited without deferment of payment;

(b) “credit card” means a card which is a credit-token within the meaning of section 14(1)(b) of the Consumer Credit Act 1974;

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

(2) The Secretary of State may direct a liable person to take all reasonable steps to open an account from which payments under the maintenance [F9 calculation] may be made in accordance with the method of payment specified under paragraph (1).

[F10 (3) Where the Secretary of State is considering specifying a deduction from earnings order by virtue of paragraph (1)(i), that method of payment is not to be used in any case where there is good reason not to use it.

(4) For the purposes of paragraph (3) the matters which are to be taken into account in determining whether there is good reason not to use that method of payment are whether the making of a deduction from earnings order is likely to result in the disclosure of the parentage of a child and the impact of that disclosure on—

(a) the liable person’s employment;

(b) any relationship between the liable person and a third party.

(5) For the purposes of paragraph (3) the circumstances in which good reason not to use that method of payment is to be regarded as existing are—

(a) a member of the liable person’s or parent with care’s family is employed by the same relevant employer as the liable person;

(b) that family member’s employment requires knowledge of the relevant employer’s functions in giving effect to the deduction from earnings order; and

(c) as a consequence of these circumstances the liable person’s employment status or family relationships may be adversely affected by the use of a deduction from earnings order as a method of payment.

(6) For the purposes of paragraph (3) the matters which are not to be taken into account in determining whether there is good reason not to use that method of payment are—

(a) the liable person’s preference for a different method of payment;

(b) the liable person’s preference for a relevant employer not to be informed about that parent’s maintenance liability;

(c) that a third party would become aware of the liable person’s maintenance liability,

unless they are relevant to any matter falling within paragraph (4) or circumstance falling within paragraph (5).

(7) Where the Secretary of State is considering specifying the method of payment set out in paragraph (1)(i) and decides that there is no good reason not to use it, that method is not to be specified until—

(a) the time within which an appeal against that decision may ordinarily be brought (including any period during which a further appeal may ordinarily be brought) has ended; or

(b) if an appeal is brought on the grounds set out in regulation 22(3A), the time at which proceedings on the appeal (including any proceedings on a further appeal) have been concluded.

(8) Nothing in this regulation is to prevent the Secretary of State exercising his powers under section 31 of the Act to make a deduction from earnings order where the Secretary of State considers it is appropriate in the circumstances of the case, unless he has specified a deduction from earnings order as a method of payment by virtue of paragraph (1)(i).

(9) In this regulation—

[F11 [F12 “couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;]]

“family” means partner, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, grand-parent, grand-child, uncle, aunt, nephew, niece, or if any of the preceding persons is one member of a couple, the other member of that couple;

“partner” means where a person is a member of a couple the other member of that couple; and

“relevant employer” means the employer of a liable person in respect of whom the order under section 31 of the Act would be made but for paragraph (3).]

Textual Amendments

F1 Words in reg. 3(1) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(b)(i) (with reg. 6)

F2 Reg. 3(1)(f) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(b)(ii) (with reg. 6)

F3 Reg. 3(1)(g)(h) added (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520) , regs. 1(1) , 3(2)(a)

F4 Reg. 3(1)(h) omitted (27.10.2008) by virtue of Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(a)(i)

F5 Reg. 3(1)(i) added (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(a)(ii)

F6 Reg. 3(1A) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(c) (with reg. 6)

F7 Reg. 3(1A) substituted (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520) , regs. 1(1) , 3(2)(b)

F8 Reg. 3(1A)(c) omitted (27.10.2008) by virtue of Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(b)

F9 Word in reg. 3(2) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(a) (with reg. 6)

F10 Reg. 3(3)-(9) added (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(c)

F11 Words in reg. 3(9) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107), art. 1(2), Sch. 1 para. 15

F12 Words in reg. 3(9) substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 6 para. 10

Modifications etc. (not altering text)

C1 Reg. 3 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 2(4) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)