2019 No. 1084
The Child Support (Miscellaneous Amendments) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1), 41E, 43, 51(1) and 52(4) of, and paragraph 10 of Schedule 1 to, the Child Support Act 19911 (“the 1991 Act”), sections 5(1)(p) and 189(1) and (4) to (6) of the Social Security Administration Act 19922 (“the 1992 Act”), section 6(1) and (2) of the Child Maintenance and Other Payments Act 20083 and sections 40 and 44(1) of the Protection of Freedoms Act 20124 (“the 2012 Act”).
In accordance with section 173(1)(b) of the 1992 Act, the Social Security Advisory Committee has agreed that the proposals in respect of Part 2 of these Regulations should not be referred to it.
In accordance with section 43 of the 2012 Act, the Secretary of State has, in relation to Part 4 of these Regulations, consulted such persons appearing to the Secretary of State to be representative of the views of persons entitled to exercise the power of entry, and such other persons, as the Secretary of State considers appropriate.
In accordance with section 52(2) of the 1991 Act and section 44(2) of the 2012 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1Introduction
Citation and commencement1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2019.
2
Regulation 13 comes into force on the 21st day after the day on which these Regulations are made.
3
Otherwise, these Regulations come into force on the day after the day on which they are made.
Extent2
Regulations 10 to 12 extend to England and Wales and to Scotland only.
PART 2Amendments relating to deductions from benefits
Amendments of the Social Security (Claims and Payments) Regulations 1987
3
The Social Security (Claims and Payments) Regulations 19875 are amended as follows.
4
In Schedule 9, omit paragraphs 7A and 7B.
5
1
Schedule 9B is amended as follows.
2
In paragraph 1, in the definition of “maintenance”, for “paragraph 3” substitute “paragraph 3(1)”.
3
In paragraph 3—
a
in sub-paragraph (1)—
i
omit the words from “Except where” to “his partner”;
ii
for “£1.20” substitute “£8.40”;
iii
omit “, subject to sub-paragraph (2),”;
b
after sub-paragraph (1), insert—
1A
No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.
c
omit sub-paragraph (2).
Amendments of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013
6
The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 20136 are amended as follows.
7
In Schedule 6, omit paragraph 10.
8
1
Schedule 7 is amended as follows.
2
In paragraph 1, in the definition of “maintenance”—
a
for “paragraph 3” substitute “paragraph 3(1)”;
b
for “paragraph 4(1)(b)” substitute “paragraph 4(1)(a), (b)”.
3
In paragraph 3—
a
in sub-paragraph (1)—
i
omit “Except where universal credit is awarded to the beneficiary,”;
ii
for “£1.20” substitute “£8.40”;
iii
omit “, subject to sub-paragraph (2),”;
iv
for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or universal credit”;
b
after sub-paragraph (1) insert—
1A
No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.
c
omit sub-paragraph (2).
PART 3Write off of arrears of child maintenance support
Amendments of the Child Support (Management of Payments and Arrears) Regulations 20099
1
The Child Support (Management of Payments and Arrears) Regulations 20097 are amended as follows.
2
In regulation 13G—
a
omit the “or” at the end of paragraph (h);
b
at end of paragraph (i) insert “; or”;
c
after that paragraph insert—
j
the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 20168 (protected trust deed: discharge of debtor) from liability for the arrears.
3
In regulation 13H(2), after “13G(i)” insert “, 13G(j)”.
PART 4Powers of entry and information
Amendments of the Child Support Act 1991
10
The Child Support Act 1991 is amended as follows.
11
In section 159—
a
after subsection (4) insert—
4ZA
But the power under subsection (4) to enter any premises is exercisable only under the authority of a warrant issued under section 15A if—
a
the premises are occupied, and
b
an inspector has applied for admission to the premises for the purposes of exercising the power under that subsection but admission has been refused.
b
in subsection (9), at the beginning, insert “Subject to subsection (9A),”;
c
after subsection (9) insert—
9A
A person is guilty of an offence under subsection (9)(a) as a result of intentionally delaying or obstructing an inspector’s entry to premises that are occupied only if, at the time of the delay or obstruction, entry to the premises is authorised by a warrant issued under section 15A.
12
After section 15 insert—
Inspectors: warrants authorising entry15A
1
The appropriate court may issue a warrant authorising entry to premises if, on an application made by an inspector, the court is satisfied that—
a
any of the conditions in subsection (2) is met, and
b
each of the conditions in subsection (3) is met.
2
The conditions referred to in subsection (1)(a) are—
a
that, having attempted to exercise the power conferred by section 15(4), an inspector has been refused entry to the premises,
b
that it is not practicable to communicate with any person entitled to grant entry to the premises, or
c
that entry to the premises is unlikely to be granted unless a warrant is produced.
3
The conditions referred to in subsection (1)(b) are—
a
that the premises are liable to inspection under section 15 (see section 15(4A)),
b
that the premises are premises to which it is reasonable for an inspector to require entry in order to exercise the inspector’s functions under section 15,
c
that the premises are occupied, and
d
that the occupier has been given at least 21 days’ notice of intention to apply for a warrant.
4
An application for a warrant must be supported—
a
in England and Wales, by an information in writing;
b
in Scotland, by evidence on oath.
5
The warrant must specify the premises to which the warrant relates.
6
A warrant authorises an inspector’s entry to the specified premises, at any reasonable time and either alone or accompanied by such persons as the inspector thinks fit, for the purpose of exercising the inspector’s functions under section 15.
7
But a warrant does not authorise an inspector to enter those premises at any time when the occupier is temporarily absent.
8
A warrant ceases to have effect at the end of the period of one month beginning with the day it is issued.
9
An inspector entering premises under a warrant must, if so required, produce the warrant for inspection by an occupier of the premises.
10
In this section—
“the appropriate court”—
- a
in relation to premises in England and Wales, means a magistrates’ court;
- b
in relation to premises in Scotland, means the sheriff or summary sheriff;
“inspector” means an inspector appointed under section 15;
“occupier” and “premises” have the same meanings as in section 15;
“warrant” means a warrant issued under this section.
Amendment of the Child Support Information Regulations 200813
In regulation 4(2) of the Child Support Information Regulations 200810, after sub-paragraph (k), insert—
PART 5Maintenance calculation
Amendment of the Child Support Maintenance Calculation Regulations 201214
For regulation 36(2) of the Child Support Maintenance Calculation Regulations 201213 substitute—
2
The amount identified as income for the purposes of paragraph (1)(a) is to be taken after any deduction for relievable pension contributions made by the non-resident parent’s employer in accordance with net pay arrangements.
PART 6Collection fee
Amendment of the Child Support Fees Regulations 201415
In regulation 7(6) of the Child Support Fees Regulations 201414, for “the payments” to the end, substitute “specifies that payments shall be made to, or through, the Secretary of State in accordance with regulation 2(1)(b) of the Child Support (Collection and Enforcement) Regulations 199215”.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)