2016 No. 439
The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations 2016
Made
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 32C(1) and (2)(l), (n) and (p), 32J(1) and (2)(g) and (i), 51(1), 52(4) and 54 of the Child Support Act 19911 and sections 6(1) to (3) and 55(3) and (4) of the Child Maintenance and Other Payments Act 20082.
Citation, commencement and cessationI11
1
These Regulations may be cited as the Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations 2016 and come into force on 23rd May 2016.
2
Regulations 2(2)(b) and 3 cease to have effect on 22nd May 2021 and the Child Support Fees Regulations 20145 apply thereafter as if the amendments made to them by regulation 3 had not been made.
Modification of the Child Support (Collection and Enforcement) Regulations 1992I22
1
The Child Support (Collection and Enforcement) Regulations 19926 are modified as follows in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 (calculation of weekly amount of child support maintenance) to the Child Support Act 19917 as amended by paragraph 2 of Schedule 4 (changes to the calculation of maintenance) to the Child Maintenance and Other Payments Act 2008.
2
Regulation 25I(2) (variation of a regular deduction order) has effect as if—
a
in sub-paragraph (a)—
i
in paragraph (i) after “arrears” there were inserted “or a payment towards an enforcement fee”;
ii
in paragraph (ii) after “maintenance” there were inserted “and, where payable, fees”;
F1b
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c
there were inserted at the end of sub-paragraph (d)—
; or
e
there are arrears that are not included in the order.
3
Regulation 25J(2)(a) (lapse of a regular deduction order) has effect as if after “maintenance calculation” there were inserted “and an alternative method of payment of fees (where payable)”.
4
Regulation 25L(1)(b) (discharge of a regular deduction order) has effect as if after “(payment of child support maintenance)” there were inserted “and any fees have been paid in full”.
5
Regulation 25S(2)(c) (lapse of a lump sum deduction order) has effect as if after “maintenance calculation” there were inserted “and an alternative method of payment of fees (where payable)”.
6
Regulation 25U(1) (discharge of a lump sum deduction order) has effect as if—
a
in sub-paragraph (b) after “(payment of child support maintenance)” there were inserted “and any fees specified in the order have been paid in full”;
b
in sub-paragraph (c) after “and the liable person” there were inserted “and the total amount of any fees specified in the order have been paid”.
Amendment of the Child Support Fees Regulations 20143
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Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)