The Child Support (Management of Payments and Arrears) Regulations 2009

In these Regulations—

• “the 1991 Act” means the Child Support Act 1991;

• “a 1993 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 20002 have not been brought into force in accordance with article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 20033;

• “the AIMA Regulations” means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 19924;

• “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 19995;

• “non-resident parent” includes a person treated as a non-resident parent by virtue of regulations made under section 42 of the 1991 Act;

• “relevant person” means—

  1. a

     a person with care;

  2. b

     a non-resident parent;

  3. c

     where the application for a maintenance calculation is made by a child under section 7 of the 1991 Act, that child,

  in respect of whom a maintenance calculation is or has been in force.

In the application of these Regulations to a 1993 scheme case, any reference to expressions in the 1991 Act (including “non-resident parent” and “maintenance calculation”) or to regulations made under that Act are to be read with the necessary modifications.

Where the Commission is considering taking action with regard to a case falling within paragraph (1) it must serve a notice on the non-resident parent.

Where a notice has been served under paragraph (2), no duty to serve a further notice under that paragraph arises in relation to further arrears unless those further arrears have arisen after an intervening continuous period of not less than 12 weeks during the course of which all payments of child support maintenance due from the non-resident parent have been paid on time in accordance with regulations made under section 29 of the 1991 Act.

The circumstances prescribed for the purposes of section 41C(1)(a) of the 1991 Act, in which the Commission may set off liabilities to pay child support maintenance, are set out in paragraph (2).

There shall be no set off in relation to any amount which if paid could be retained under section 41 of the 1991 Act.

The circumstances prescribed for the purposes of section 41C(1)(b) of the 1991 Act, in which the Commission may set off a payment against a person’s liability to pay child support maintenance, are set out in paragraph (2).

In setting off a person’s liability for child support maintenance under this Part, the Commission may apply the amount to be set off to reduce any arrears of child support maintenance due under any current maintenance calculation, or any previous maintenance calculation made in respect of the same relevant persons.

An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

Where for any reason, including the retrospective effect of a maintenance calculation, there has been an overpayment of child support maintenance, the Commission may apply the amount overpaid to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.

An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

Where there has been a voluntary payment7 the Commission may apply the amount of the voluntary payment to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.

An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

This Part applies in relation to the estate of a person who dies on or after the day on which these Regulations come into force.

In this Part, “child support maintenance” means child support maintenance for the collection of which the Commission is authorised to make arrangements.

The deceased’s executor or administrator has the same rights, subject to the same procedures and time limits, as the deceased person had immediately before death to institute, continue or withdraw any proceedings under the 1991 Act, whether by appeal or otherwise.

Regulation 34 of the Decisions and Appeals Regulations shall apply to a case where the non-resident parent is the deceased party to the proceedings as if for paragraphs (1) and (2) there were substituted the following paragraph—

The Commission may disclose information held for the purposes of the 1991 Act to the deceased’s executor or administrator where, in the opinion of the Commission, such information is essential to enable the executor or administrator to administer the deceased’s estate, including, where necessary, to institute, continue or withdraw proceedings under the 1991 Act.

Any application for information under this regulation shall be made to the Commission in writing setting out the reasons for the application.

Where before these Regulations come into force, an adjustment has been made under regulation 10(1) or (3A)9 of the AIMA Regulations in a case other than a 1993 scheme case, regulation 30A10 of the Decisions and Appeals Regulations continues to apply to that case for the purposes of making and determining any appeal against the adjustment.