Amendments to the Child Support (Management of Payments and Arrears) Regulations 2009 U.K.

6.—(1) The Child Support (Management of Payments and Arrears) Regulations 2009 M1 [F1 are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008, as if they had been amended] as follows.

(2) In regulation 2 (interpretation), after paragraph (2) insert—

“(3) For the purposes of regulations 3 and 3A, there are “arrangements for direct pay” where the Secretary of State has specified that payments of child support maintenance shall be made by the non-resident parent to the person caring for the child or children in question or to a child who made an application under section 7(1) of the 1991 Act M2 .”.

(3) In regulation 3(1) (arrears notices) M3 —

(a) in paragraph (a), for “; and” substitute “ or there are arrangements for direct pay; ”;

(b) at the end of paragraph (b) insert—

“; and

(c) regulation 3A(1) does not apply or regulation 3A(1) does apply but the notice referred to in regulation 3A(2) has not been given.”.

(4) After regulation 3 insert—

“Notice of consequences of failure to pay child support maintenance due

3A.— (1) This paragraph applies to a case where—

(a) either—

(i) there are arrangements for direct pay, or

(ii) the Secretary of State is arranging for the collection of child support maintenance under section 29 of the 1991 Act but there are no arrangements for enforcement under the 1991 Act; and

(b) the non-resident parent has failed to make one or more payments of child support maintenance due.

(2) Where paragraph (1) applies to a case, the Secretary of State may only start making arrangements for collection under section 29 of the 1991 Act or arrangements for enforcement under the 1991 Act (or both) where the non-resident parent has been given a notice, within the preceding 12 month period, setting out that the Secretary of State will consider making such arrangements where there is a failure to make one or more payments of child support maintenance due.”.

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 6(1) substituted (24.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) (No 2) Regulations 2014 (S.I. 2014/1621), regs. 1(2), 3(5)

F2 Reg. 6(5) revoked (24.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) (No 2) Regulations 2014 (S.I. 2014/1621), regs. 1(2), 3(2), (6)

Marginal Citations

M1 S.I. 2009/3151, which was amended by S.I. 2012/2007; there are other amending instruments but none is relevant.

M2 The Secretary of State may so specify under regulation 2(1)(a) of the Child Support (Collection and Enforcement) Regulations 1992 (S.I. 1992/1989).

M3 Regulation 3(1) was amended by S.I. 2012/2007.