12.—(1) An enforcement fee payable under regulation 10F1... may be waived in the circumstances specified in paragraphs (2) to (6).
F1(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The circumstances specified in this paragraph are where an additional enforcement fee is payable with respect to concurrent or subsequent action of the same type taken by the Secretary of State in circumstances where—
(a)the non-resident parent has more than one employer at the same time and the Secretary of State makes two or more deduction from earnings orders; or
(b)the non-resident parent holds more than one account with a deposit-taker and the Secretary of State makes more than one regular deduction order or lump sum deduction order simultaneously.
(3) The circumstances specified in this paragraph are where an additional enforcement fee is payable with respect to action taken to make an additional deduction from earnings order or additional regular deduction order in circumstances where—
(a)the non-resident parent has changed employer;
(b)the non-resident parent has changed their account held with a deposit-taker; or
(c)the amount being collected under a prior deduction from earnings order or a prior regular deduction order has changed.
(4) The circumstances specified in this paragraph are where—
(a)an application for a liability order is made to a court, but no liability order results from the application;
(b)a successful appeal or a successful challenge by way of judicial review has been made against the making of a deduction from earnings order, a regular deduction order or a lump sum deduction order; or
(c)a deduction from earnings order, a regular deduction order or a lump sum deduction order has lapsed or been discharged due to an error or maladministration by the Secretary of State.
(5) The circumstances specified in this paragraph are where a non-resident parent elects to pay child support maintenance by way of a deduction from earnings order.
(6) The circumstances specified in this paragraph are where a deduction from earnings request is madeF1..., when the non-resident parent to which it relates is committed to operations.
Textual Amendments
F1Reg. 12 amendments by S.I. 2016/439, reg. 3(3) cease to have effect (22.5.2021) by virtue of The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations 2016 (S.I. 2016/439), reg. 1(2)