The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

Part II of these Regulations makes amendments to various regulations concerned with child support maintenance under the Child Support Act 1991. Part III makes transitional provisions and Part IV makes provision for the procedure to be followed in consequence of the other provisions of the Regulations.

In Part II amendments are made to the Child Support (Maintenance Assessment Procedure) Regulations 1992 to alter the amount by which a fresh assessment must differ from the original assessment before it has effect and to make drafting changes (regulation 2). The Child Support (Collection and Enforcement) Regulations 1992 are amended to exclude interim maintenance assessments from the scope of regulation 9(e) which requires a deduction from earnings order to state the level of protected earnings and to make fresh provision for the determination of the amounts which may be charged when levying distress (regulation 3). The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 are amended so as to alter the amounts which are to be taken into account in assessing child support maintenance (regulation 4). The Child Support Fees Regulations 1992 are amended to provide that a collection fee is payable in relation to an assessment made under section 6 of the Child Support Act only where the Secretary of State is providing services for the collection or enforcement of payment of child support maintenance (regulation 5).

Part III of the Regulations makes further provision for those cases where on the coming into force of the Child Support Act there was already in force a maintenance order or agreement. For cases fulfilling specified conditions transitional relief is provided for a period of up to 78 weeks.

Part IV makes provision about reviews of maintenance assessments to give effect to the other provisions of the Regulations and for notification of such reviews.

The changes made by these Regulations will involve some cost to businesses in those cases where a deduction from earnings order is in force. It is not possible to quantify this but it is expected to be negligible.