1992 No. 2645
The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 8(11), 10(1), (2) and (4), 44(3), 51, 52(4) and 54 of, and paragraph 11 of Schedule 1 to, the Child Support Act 1991M1 and of all other powers enabling him in that behalf hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 and shall come into force on 5th April 1993.
2
In these Regulations—
“the Act” means the Child Support Act 1991;
F12F11“Maintenance Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992;
F64F12
“
Maintenance Calculation Procedure Regulations
” means the Child Support (Maintenance Calculation Procedure) Regulations 2000;
F10“Maintenance Assessments and Special Cases Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M2;
F64F10
"Maintenance Calculations and Special Cases Regulations
” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;
“effective date” means the date on which a maintenance F36calculation takes effect for the purposes of the Act;
“maintenance order” has the meaning given in section 8(11) of the Act.
3
In these Regulations, unless the context otherwise requires, a reference—
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Prescription of enactment for the purposes of section 8(11) of the ActF132
The following enactments are prescribed for the purposes of section 8(11)(f) of the Act—
a
the Conjugal Rights (Scotland) Amendment Act 1861;
b
the Court of Session Act 1868;
c
the Sheriff Courts (Scotland) Act 1907;
d
the Guardianship of Infants Act 1925;
e
the Illegitimate Children (Scotland) Act 1930;
f
the Children and Young Persons (Scotland) Act 1932;
g
the Children and Young Persons (Scotland) Act 1937;
h
the Custody of Children (Scotland) Act 1939;
i
the National Assistance Act 1948;
j
the Affiliation Orders Act 1952;
k
the Affiliation Proceedings Act 1957 M3 ;
l
the Matrimonial Proceedings (Children) Act 1958;
m
the Guardianship of Minors Act 1971;
n
the Guardianship Act 1973;
o
the Children Act 1975;
p
the Supplementary Benefits Act 1976;
q
the Social Security Act 1986;
r
the Social Security Administration Act 1992.
Relationship between maintenance F37calculations and certain court orders3
F151
Orders made under the following enactments are of a kind prescribed for the purposes of section 10(1) of the Act—
a
the Conjugal Rights (Scotland) Amendment Act 1861;
b
the Court of Session Act 1868;
c
the Sheriff Courts (Scotland) Act 1907;
d
the Guardianship of Infants Act 1925;
e
the Illegitimate Children (Scotland) Act 1930;
f
the Children and Young Persons (Scotland) Act 1932;
g
the Children and Young Persons (Scotland) Act 1937;
h
the Custody of Children (Scotland) Act 1939;
i
the National Assistance Act 1948;
j
the Affiliation Orders Act 1952;
k
the Affiliation Proceedings Act 1957;
l
the Matrimonial Proceedings (Children) Act 1958;
m
the Guardianship of Minors Act 1971;
n
the Guardianship Act 1973;
o
Part II of the Matrimonial Causes Act 1973 M4 ;
p
the Children Act 1975;
q
the Supplementary Benefits Act 1976;
r
the Domestic Proceedings and Magistrates Courts Act 1978 M5 ;
s
Part III of the Matrimonial and Family Proceedings Act 1984 M6 ;
t
the Family Law (Scotland) Act 1985 M7 ;
u
the Social Security Act 1986;
v
Schedule 1 to the Children Act 1989 M8 ;
w
the Social Security Administration Act 1992.
F61x
Schedule 5, 6 or 7 to the Civil Partnership Act 2004.
2
Subject to paragraphs (3) and (4), where a maintenance F38calculation is made with respect to—
a
all of the children with respect to whom an order falling within paragraph (1) is in force; or
b
one or more but not all of the children with respect to whom an order falling within paragraph (1) is in force and where the amount payable under the order to or for the benefit of each child is separately specified,
3
The provisions of paragraph (2) shall not apply where a maintenance order has been made in accordance with section 8(7) or (8) of the Act.
4
In Scotland, where—
a
an order has ceased to have effect by virtue of the provisions of paragraph (2) to the extent specified in that paragraph; and
b
5
F22F17
Subject to regulation 33(7) of the
Maintenance Assessment Procedure Regulations
,
where a maintenance assessment is made with respect to children with respect to whom an order falling within paragraph (1) is in force, the effective date of that assessment shall be two days after the assessment is made.
6
F23Where the provisions of paragraph (2) apply to an order, that part of the order to which those provisions apply shall cease to have effect from the effective date of the maintenance assessment.
7
F24F14Where at the time an interim maintenance assessment was made there was in force with respect to children in respect of whom that interim maintenance assessment was made an order falling within paragraph (1), the effective date of a maintenance assessment subsequently made in accordance with Part I of Schedule 1 to the Act in respect of those children shall be the effective date of that interim maintenance assessment as determined under paragraph (5).
8
a
a maintenance assessment is made in accordance with Part I of Schedule 1 to the Act in respect of children with respect to whom an order falling within paragraph (1) was in force; and
b
that order ceases to have effect on or after 18th April 1995, for reasons other than the making of an interim maintenance assessment, but prior to the date on which the maintenance assessment is made and after—
i
the date on which a maintenance enquiry form referred to in regulation 5(2) of the Maintenance Assessment Procedure Regulations was given or sent to the F30non-resident parent, where the application for a maintenance assessment was made by a person with care or a child under section 7 of the Act; or
ii
the date on which a maintenance application which complies with the provisions of regulation 2 of the Maintenance Assessment Procedure Regulations was received by the Secretary of State from an F31non-resident parent,
the effective date of that maintenance assessment shall be the day following that on which the court order ceased to have effect.
Relationship between maintenance F42calculations and certain agreements4
1
Maintenance agreements within the meaning of section 9(1) of the Act are agreements of a kind prescribed for the purposes of section 10(2) of the Act.
2
Where a maintenance F43calculation is made with respect to—
a
all of the children with respect to whom an agreement falling within paragraph (1) is in force; or
b
one or more but not all of the children with respect to whom an agreement falling within paragraph (1) is in force and where the amount payable under the agreement to or for the benefit of each child is separately specified,
3
Where an agreement becomes unenforceable under the provisions of paragraph (2) to the extent specified in that paragraph, it shall remain unenforceable in relation to a particular child until such date as F26the Secretary of State no longer has jurisdiction to make a maintenance F46calculation with respect to that child.
Notifications by F27the Secretary of State5
1
Where F28the Secretary of State is aware that an order of a kind prescribed in paragraph (2) is in force and considers that the making of a maintenance F47calculation has affected, or is likely to affect, that order, he shall notify the persons prescribed in paragraph (3) in respect of whom that maintenance F48calculation is in force, and the persons prescribed in paragraph (4) holding office in the court where the order in question was made or subsequently registered, of the F49calculation and its effective date.
2
The prescribed orders are those made under an enactment mentioned in regulation 3(1).
3
The prescribed persons in respect of whom the maintenance F50calculation is in force are—
a
a person with care;
b
an F32non-resident parent;
c
d
a child who has made an application for a maintenance F51calculation under section 7 of the Act.
4
The prescribed person holding office in the court where the order in question was made or subsequently registered is—
a
in England and Wales—
i
in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;
F69ii
in relation to the family court, a court officer;
b
in Scotland—
i
in relation to the Court of Session, the Deputy Principal Clerk of Session;
ii
in relation to a sheriff court, the sheriff clerk.
Notification by the court6
1
2
The prescribed person is the person holding the office specified below in the court where the order in question was made or subsequently registered—
a
in England and Wales—
i
in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;
F70ii
in relation to the family court, a court officer;
b
in Scotland—
i
in relation to the Court of Session, the Deputy Principal Clerk of Session;
ii
in relation to a sheriff court, the sheriff clerk.
Cancellation of a maintenance assessment on grounds of lack of jurisdictionF627
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Prescription for the purposes of jurisdiction7A
1
The companies prescribed for the purposes of section 44(2A)(c) of the Act (non-resident parents not habitually resident in the United Kingdom but employed by prescribed companies) are companies which employ employees to work outside the United Kingdom but make calculations and payment arrangements in relation to the earnings of those employees in the United Kingdom so that a deduction from earnings order may be made under section 31 of the Act in respect of the earnings of any such employee who is a liable person for the purposes of that section.
2
The following bodies are prescribed for the purposes of section 44(2A)(d) of the Act (non-resident parents not habitually resident in the United Kingdom but employed by a prescribed body)—
a
a National Health Service Trust established by order made under section 5 of the National Health Service and Community Care Act 1990 (“the 1990 Act ”) or under section 12A of the National Health Service (Scotland) Act 1978 (“the 1978 Act ”);
F2aa
an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
F73ab
F71an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;
ac
the National Health Service Commissioning Board;
ad
the National Institute for Health and Care Excellence;
F72ae
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a Health Authority established under section 8 of the National Health Service Act 1977 (“the 1977 Act ”);
d
a Special Health Authority established under section 11 of the 1977 Act ;
F68da
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
a local authority, and for this purpose “local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
f
a Health and Social Service Trust established by order made under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;
g
a Health and Social Services Board established by order made under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order ”);
h
the Central Services Agency established by order made under Article 26 of the 1972 Order ;
i
a Special Agency established by order made under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;
j
a Health Board constituted under section 2 of the 1978 Act ; and
k
a Special Health Board constituted under section 2 of the 1978 Act.
F63l
Healthcare Improvement Scotland constituted under section 10A of the 1978 Act.
Maintenance F54calculations and maintenance orders made in error8
1
Where—
a
at the time that a maintenance F55calculation with respect to a qualifying child was made a maintenance order was in force with respect to that child;
F3aa
the maintenance order has ceased to have effect by virtue of the provisions of regulation 3;
b
c
F7F6the Secretary of State cancels that assessment on the grounds that it was made in error,
F7 the Secretary of State revises the decision as to the maintenance calculation under section 16 of the Act and decides that no child support maintenance was payable on the ground that the previous decision was made in error,
the payments of child support maintenance shall be treated as payments under the maintenance order and that order shall be treated as having continued in force.
2
Where—
a
at the time that a maintenance order with respect to a qualifying child was made a maintenance F57calculation was in force with respect to that child;
b
the F35non-resident parent has made payments of maintenance due under that order; and
c
the maintenance order is revoked by the court on the grounds that it was made in error,
F60Maintenance calculations and maintenance orders – payments8A
Where—
a
a maintenance calculation has been made with respect to a qualifying child in response to an application made under section 4 or 7 of the Act;
b
at the time that maintenance calculation was made a maintenance order was in force with respect to that child;
c
the maintenance order has ceased to have effect by virtue of the provisions of regulation 3; and
d
the non-resident parent has made payments of maintenance due under that order after the date on which the maintenance calculation took effect F66...,
the payments made under the maintenance order shall be treated as payments of child support maintenance.
F29 Cases in which application may be made under section 4 or 7 of the Act9
The provisions of section 4(10) or 7(10) of the Act shall not apply to prevent an application being made under those sections after 22nd January 1996 where a decision has been made by the relevant court either that it has no power to vary or that it has no power to enforce a maintenance order in a particular case.
Signed by authority of the Secretary of State for Social Security.
1991 c.48. Section 54 is cited because of the meaning ascribed to the word “prescribed”.