The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000

Amendment of the Collection and Enforcement Regulations E+W+S

2.—(1) The Collection and Enforcement Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In Part I (general), in regulation 1—

(a) for paragraph (2) there shall be substituted—

“(2) In these Regulations—

“the Act” means the Child Support Act 1991;

“the 2000 Act” means the Child Support, Pensions and Social Security Act 2000;

“interest” means interest which has become payable under section 41 of the Act before its amendment by the 2000 Act; and

“voluntary payment” means a payment as defined in section 28J of the Act and Regulations made under that section.”;

(b) after paragraph (2), there shall be inserted—

“(2A) Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations “fee” means an assessment fee or a collection fee, which for these purposes have the same meaning as in the Child Support Fees Regulations 1992 M1 prior to their revocation by the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000 M2 .”;

and

(c) in paragraph (3)(b) for the words from “the second day” to the end of the paragraph there shall be substituted “ the day that it is posted. ”.

(3) In Part II (collection of child support maintenance)—

(a) in paragraph (1) of regulation 2, in paragraph (2) of regulation 3 and in paragraph (2) of regulation 7, for the word “assessment” there shall be substituted “ calculation ”;

(b) in paragraph (1) of regulation 3—

(i) after the words “child support maintenance” there shall be inserted “ , penalty payments, interest and fees ”; and

(ii) after sub-paragraph (e) there shall be added—

“(f) by debit card.”;

(c) after paragraph (1) of regulation 3 there shall be inserted—

“(1A) In paragraph (1), “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.”;

(d) after regulation 5 there shall be inserted—

“ Voluntary Payments

5A.— (1) Regulation 5(1) shall apply in relation to voluntary payments as if—

(a) for the words “Payment of child support maintenance” there were substituted the words “Voluntary payments”; and

(b) the words “or other specified person” were omitted.

(2) In determining when the Secretary of State shall transmit a voluntary payment to the person entitled to it, the Secretary of State shall have regard to the factor in regulation 4(2)(c).”;

and

(e) in regulation 7—

(i) in paragraph (1)—

(aa) at the beginning there shall be inserted “ In the case of child support maintenance, ”; and

(bb) after sub-paragraph (d) there shall be added—

“(e) the amount of any payment of child support maintenance which is overdue and which remains outstanding.”;

(ii) after paragraph (1) there shall be inserted—

“(1A) In the case of penalty payments, interest or fees, the Secretary of State shall send the liable person a notice stating—

(a) the amount of child support maintenance payable;

(b) the amount of arrears;

(c) the amount of the penalty payment, interest or fees to be paid, as the case may be;

(d) the method of payment;

(e) the day by which payment is to be made; and

(f) information as to the provisions of sections 16 and 20 of the Act.”;

and

(iii) after paragraph (2) there shall be added—

“(3) A notice under paragraph (1A) shall be sent to the liable person as soon as reasonably practicable after the decision to require a payment of the penalty payment, interest or fees has been made.”.

(4) After Part II there shall be inserted—

“PART IIA E+W+S COLLECTION OF PENALTY PAYMENTS

Payment of a financial penalty

7A.— (1) This regulation applies where a maintenance calculation is, or has been, in force, the liable person is in arrears with payments of child support maintenance, and the Secretary of State requires the liable person to pay penalty payments to him.

(2) For the purposes of regulation 7(1)(e) a payment will be overdue if it is not received by the time that the next payment of child support maintenance is due.

(3) The Secretary of State may require a penalty payment to be made if the outstanding amount is not received within 7 days of the notification in regulation 7(1)(e) or if the liable person fails to pay all outstanding amounts due on dates and of amounts as agreed between the liable person and the Secretary of State.

(4) Payments of a penalty payment shall be made within 14 days of the notification referred to in regulation 7(1A).

(5) In this Part a “liable person” means a person liable to make a penalty payment and in Part II and in this Part “penalty payment” is to be construed in accordance with section 41A of the Act.”.

(5) Part III (deduction from earnings orders) shall be amended as follows—

(a) in regulation 8—

(i) in paragraph (1), the following definitions shall be omitted: “disposable income”, “exempt income”, “interim maintenance assessment”, “prescribed minimum amount”, “protected earnings rate” and “protected income level”; and

(ii) after the definition of “pay-day” there shall be inserted—

““protected earnings proportion” means the proportion referred to in regulation 11(2).”;

(b) in paragraph (e) of regulation 9, for the words “protected earnings rate” there shall be substituted “ protected earnings proportion ”;

(c) paragraphs (2) and (3) of regulation 10 shall be omitted;

(d) in regulation 11—

(i) in the heading, for the words “Protected earnings rate” there shall be substituted “ Protected earnings proportion ”;

(ii) in paragraphs (1) and (2), for the words “protected earnings rate” where they appear there shall be substituted “ protected earnings proportion ”;

(iii) in paragraph (2)—

(aa) the words “, except where paragraph (3) or paragraph (4) applies,” shall be omitted;

(bb) for the words “the liable person’s exempt income” there shall be substituted “ 60% of the liable person’s net earnings ”; and

(cc) for the word “assessment” there shall be substituted “ maintenance calculation ”; and

(iv) paragraphs (3) and (4) shall be omitted;

(e) in regulation 12—

(i) in paragraphs (2), (3) and (6), for the words “protected earnings rate” where they appear there shall be substituted “ protected earnings proportion ”; and

(ii) paragraph (5) shall be omitted;

(f) in regulation 17—

(i) in paragraph (1)(a), for the word “assessment” there shall be substituted “ calculation ”; and

(ii) in paragraph (1)(b), for the words “and interest on arrears” there shall be substituted “ , penalty payment, interest or fees ”;

(g) in paragraph (1)(f) of regulation 20—

(i) for the words “an interim maintenance assessment” there shall be substituted “ a default or interim maintenance decision ”; and

(ii) for the words “maintenance assessment” there shall be substituted “ maintenance calculation ”;

(h) in paragraph (6) of regulation 21, the words “or (5)” shall be omitted; and

(i) in regulation 24—

(i) paragraph (1) shall be omitted;

(ii) in paragraph (2)(b), for the words “, deal with” to the end of the sub-paragraph, there shall be substituted the following—

“he shall—

(i) deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with;

(ii) deal with any later order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of any deduction to comply with any earlier order.”;

and

(iii) in paragraphs (2) and (4)—

(aa) for the words “one or more deduction from earnings orders”, wherever they appear, there shall be substituted “ a deduction from earnings order ”; and

(bb) wherever they appear, the words “or orders” shall be omitted.

(6) In Part IV (liability orders)—

(a) in paragraph (2) of regulation 27, for the words “in respect of arrears payable under section 41(3) of the Act” there shall be substituted “ , penalty payments or fees which have become payable and have not been paid ”;

(b) in regulation 33—

(i) in paragraphs (1) and (3), for “40” there shall be substituted “ 39A ”; and

(ii) in paragraph (2), for “section 40”, there shall be substituted “ sections 39A and 40 ”; and

(c) after regulation 34 there shall be added—

“ Disqualification from driving order

35.— (1) For the purposes of enabling an enquiry to be made under section 39A of the Act as to the liable person’s livelihood, means and conduct, a justice of the peace having jurisdiction for the area in which the liable person resides may issue a summons to him to appear before a magistrates’ court and to produce any driving licence held by him, and, where applicable, its counterpart, and, if he does not appear, may issue a warrant for his arrest.

(2) In any proceedings under sections 39A and 40B of the Act, a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed for or on behalf of his employer, shall be evidence of the facts there stated.

(3) Where an application under section 39A of the Act has been made but no disqualification order is made, the application may be renewed on the ground that the circumstances of the liable person have changed.

(4) A disqualification order shall be in the form prescribed in Schedule 4.

(5) The amount to be included in the disqualification order under section 40B(3)(b) of the Act in respect of the costs shall be such amount as in the view of the court is equal to the costs reasonably incurred by the Secretary of State in respect of the costs of the application for the disqualification order.

(6) An order made under section 40B(4) of the Act may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area, if the liable person fails to appear or produce or surrender his driving licence or its counterpart to the court.

(7) An order may be executed by a constable notwithstanding that it is not in his possession at the time but such order shall, if demanded, be shown to the liable person as soon as reasonably practicable.

(8) In this regulation “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988 M3 .”.

(7) In Schedule 1, after “—interest” there shall be inserted—

“—penalty payments

—fees”.

(8) In Schedule 3—

(a) after “interest,” there shall be inserted “ penalty payments, fees, ”;

(b) in paragraph (i) after “[garnishee proceedings]” the word “or” shall be omitted; and

(c) in paragraph (iii) after “[wilful refusal]” wherever it appears, the word “or” shall be omitted.

(9) After Schedule 3 there shall be inserted, as Schedule 4, the Schedule set out in the Schedule to these Regulations.

Commencement Information

I1 Reg. 2 coming into force in accordance with {reg. 1(2)(3)} and S.I. 2000/3354 and S.I. 2003/192

Marginal Citations

M1 The definition of collection fee was amended by S.I. 1994/227.

M2 S.I. 2001/162.

M3 1998 c. 52, section 108(1).