- Latest available (Revised)
- Point in Time (11/08/2014)
- Original (As made)
Point in time view as at 11/08/2014.
There are currently no known outstanding effects for the The Child Support (Management of Payments and Arrears) Regulations 2009, PART4B.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Part 4A - 4B inserted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 2(3)
13F. Where the arrears of child support maintenance for which a person is liable comprise amounts that have accrued in respect of—
(a)separate applications for a maintenance calculation; or
(b)one application, but would, if recovered, be payable to different persons,
those amounts are to be treated as separate amounts of arrears for the purpose of exercising the power under section 41E(1) of the 1991 Act.
13G. The circumstances of the case specified for the purposes of section 41E(1)(a) of the 1991 Act are that—
(a)the person with care has requested under section 4(5) of that Act that the Secretary of State ceases to act in respect of the arrears;
(b)a child in Scotland has requested under section 7(6) of that Act that the Secretary of State ceases to act in respect of the arrears;
(c)the person with care, or (in Scotland) the child, has died;
(d)the non-resident parent died before 25 January 2010 or there is no further action that can be taken with regard to recovery of the arrears from the non-resident parent’s estate under Part 4;
(e)the arrears relate to liability for child support maintenance for any period in respect of which an interim maintenance assessment was in force between 5 April 1993 and 18 April 1995; or
(f)the non-resident parent has been informed by the Secretary of State that no further action would ever be taken to recover those arrears.
13H.—(1) Where the Secretary of State is considering exercising the powers under section 41E(1) of the 1991 Act, the Secretary of State must send written notice to the person with care or, where relevant, a child in Scotland and the non-resident parent.
(2) The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died.
(3) The notice must—
(a)specify the person with care or, where relevant, a child in Scotland, in respect of whom liability in respect of arrears of child support maintenance has accrued;
(b)specify the amount of the arrears and the period of liability to which the arrears relate;
(c)state why it appears to the Secretary of State that it would be unfair or inappropriate to enforce liability in respect of the arrears;
(d)advise the person that they may make representations, within 30 days of receiving the notice, to the Secretary of State as to whether the liability in respect of the arrears should be extinguished; and
(e)explain the effect of any decision to extinguish liability in respect of any arrears of child support maintenance under section 41E(1) of the 1991 Act.
(4) If no representations are received by the Secretary of State within 30 days of the notice being received by the person with care or, where relevant, a child in Scotland and the non-resident parent, the Secretary of State may make the decision to extinguish the arrears.
(5) For the purposes of this regulation, where the Secretary of State sends any written notice by post to a person’s last known or notified address that document is treated as having been received by that person on the second day following the day on which it is posted.
13I. Where the Secretary of State receives representations within the 30 day period referred to in regulation 13H(3)(d), the Secretary of State must take account of those representations in making a decision under section 41E(1) of the 1991 Act.
13J.—(1) On making a decision under section 41E(1) of the 1991 Act, the Secretary of State must send written notification to the non-resident parent and the person with care or, where relevant, a child in Scotland, of that decision.
(2) The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died.]
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: