Child Support and Income Support (Amendment) Regulations 1995
| Year | 1995 |
1995No. 1045
FAMILY LAW
SOCIAL SECURITY
CHILD SUPPORT
The Child Support and Income Support (Amendment) Regulations
1995
10thApril1995
Regulations 1 and 58
13thApril1995
[er nd Remi]
18thApril1995
Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991 ( a)and approved by a resolution of each House of Parliament: Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 8(11), 10(1), 12(2) and (3), 14(1) and (3), 16(1), 17(4), 18(11), 21(2), 29(2), 32, 41(3), 42, 43(1), 46(11), 47, 51, 52, 54 and 57 of, and paragraphs 4(3), 5(1) and (2), 6(2), (4) and (5), 7(1), 8, 9(a) and 11 of Schedule 1 to, the Child Support Act 1991 ( b) and by sections 135(1) 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 ( c)and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 ( d) and after agreement by the Social Security Advisory Committee that proposals in respect of regulation 62 should not be referred to it ( e), hereby makes the following Regulations:
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Child Support and Income Support (Amendment) Regulations 1995.
(2) This regulation and regulation 58 of these Regulations shall come into force on 13th April 1995 and all other regulations shall come into force on 18th April 1995.
(3) In these Regulations-
"the Appeals Regulations " means the Child Support Appeal Tribunals (Procedure) Regulations 1992 ( f);
(a) 1991 c.48.
(b) Section 54 is cited because of the meaning ascribed to the word "prescribed" .
(c) 1992 c.4. Section 137(1) is cited because of the meaning ascribed in the word "prescribed" .
(d) 1992 c.53.
(e) See section 173(1)(b) of the Social Security Administration Act 1992 (c.5).
(f) S.I. 1992/2641.
"the Arrears Regulations " means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 ( g);
"the Collection and Enforcement Regulations " means the Child Support (Collection and Enforcement) Regulations 1992 ( h);
"the Fees Regulations " means the Child Support Fees Regulations 1992 ( i);
"the Information, Evidence and Disclosure Regulations " means the Child Support (Information, Evidence and Disclosure) Regulations 1992 ( j);
"the Maintenance Arrangements and Jurisdiction Regulations " means the Child Support (1aintenance Arrangements and Jurisdiction) Regulations 1992 ( k);
"the Maintenance Assessment Procedure Regultions " means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ( l);
"the Maintenance Assessment and Special Cases Regulations " means the Child Support (Maintenance Assessment and Special Cases) Regulations 1992 ( m);
"the Miscellaneous Amendment Regulations " means the Child Support (Miscellaneous Amendment and Transitional Provisions) Regulations 1994 ( n).
Amendment of regulation 2 of the Appeals Regulations
2. After paragraph (2) of regulation 2 of the Appeals Regulation (Service of notices or documents) there shall be added the following paragraph-
" (3) The provisions of paragraph (2) shall apply to a summons or a citation issued under regulation 10. " .
Amendment of regulation 3 of the Appeals Regulations
3. For paragraph (1) of regulation 3 of the Appeals Regulations (making an appeal or application and time limits) there shall be substituted the following paragraphs-
" (1) This regulation applies to an appeal to a tribunal under-
(a) section 20(1) or 46(7) of the Act; or
(b) regulation 42(9) of the Child Support (Maintenance Assessment Procedure) Regulations 1992,
and to an application to a tribunal to set aside its decision under regulation 15.
(1A) An appeal or application of a kind mentioned in paragraph (1) shall be by notice in writing, signed by the person making it, or by his representative where it appears to a chairman that he was unable to sign personally, or by a barrister, advocate or solicitor on his behalf. " .
(g) S.I. 1992/1816. Regulation 4 was amended by S.I. 1993/913.
(h) S.I. 1992/1989. Regulations 8 was amended by S.I. 1993/913 and regulation 9 by S.I. 1994/227.
(i) S.I. 1992/3094. Regulations 1, 3 and 4 were amended by S.I. 1994/227.
(j) S.I. 1992/1812. Regulation 2 was amended by S.I. 1995/123.
(k) S.I. 1992/2645. Regulation 3 was amended by S.I. 1995/123.
(l) S.I. 1992/1813. Regulation 1 was amended by S.I. 1995/123; regulation 8 was amended by S.I. 1993/913 and S.I. 1995/123; regulation 10 was amended by S.I. 1995/123; regulation 19, 40 and 42 were amended by S.I. 1993/913; regulation 30 was amended by S.I. 1995/123; regulation 31 was amended by S.I. 1994/227 and S.I. 1995/123.
(m) S.I. 1992/1815. Regulation 1 and paragraph 3 of Schedule 1 were amended by S.I. 1993/913 and regulation 11 by S.I. 1994/227.
(n) S.I. 1994/227.
Insertion of regulation 3A in the Appeals Regulations
4. After regulation 3 of the Appeals Regulations there shall be inserted the following regulation-
"Death of a party to an appeal
3A.-(1) In any proceedings, on the death of a party to those proceedings, the Secretary of State may appoint such person as he thinks fit to proceed with the appeal in the place of such deceased party.
(2) A grant of probate, confirmation or letters of administration to the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under paragraph (1).
(3) Where a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the effective date of the appointment by the Secretary of State shall be the day immediately prior to the first day on which such action was taken. " .
Amendment of regulation 6 of the Appeals Regulations
5. In paragraph (1) fo regulation 6 of the Appeals Regulations, (striking out of proceedings) for the words "because of" there shall be substituted the words "for want of prosecution which term includes" .
Amendment of regulation 11 of the Appeals Regulations
6. After paragraph (5) of regulation 11 of the Appeals Regulations (hearings) there shall be inserted the following paragraph-
"(5A) A tribunal may require any person who is, with leave of the tribunal, acting as an interpreter for any person entitled to be heard or for a witness, to swear or affirm that he will carry out his functions correctly and to the best of his skill and understand and, for that purpose, there may be administered an oath or affirmation in due form. " .
Amendment of regulation 4 of the Arrears Regulations
7.-(1) Regulation 4 of the Arrears Regulations (circumstances in which no liability to pay interest arises) ( o) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) for the words from "with respect to arrears " to the end of the paragraph there shall be substituted the words "with respect to arrears-"
(a) in respect of any day which falls after 17th April 1995; or
(b) in respect of any period if either of the conditions set out in paragraph (2) is satisfied in relation to that period.
(3) In paragraph (3) the words "of interest" where they first occur shall be omitted.
Substitution of regulation 10 of the Arrears Regulations
8. For regulation 10 of the Arrears Regulations, there shall be substituted the following regulation-
(o) Paragraph (3) of regulation 4 of the Arrears Regulations was inserted by regulation 36 of S.I. 1993/913.
"Adjustment of the amount payable under a maintenance assessment
10.-(1) Where for any reason, including the retrospective effect of a new or fresh maintenance assessment, there has been an overpayment of child support maintenance, a child support officer may, for the purpose of taking account of that overpayment-
(a) apply the amount overpaid to reduce any arrears of child support maintenance due under any previous maintenance assessment made in respect of the same relevant persons; or
(b) Where there is no previous relevant maintenance assessment or an overpayment remains after the application for sub-paragraph (a), and subject to paragraph (4), adjust the amount payable under a current maintenance assessment by such amount as he considers appropriate in all the circumstances of the case having regard in particular to-
(i) the circumstances of the absent parent and the person with care;
(ii) the amount of the overpayment in relation to the amount due under the current maintenance assessment; and
(iii) the period over which it would be reasonable for the overpayment to be rectified.
(2) Where a child support officer has adjusted the amount payable under a maintenance assessment under the provisions of paragraph (1) and that maintenance assessment is subsequently reviewed under section 16, 17, 18 or 19 of the Act and a fresh maintenance assessment made, that adjustment shall, subject to paragraph (3), continue to apply to the amount payable under that fresh maintenance assessment unless a child support officer is satisfied that such adjustment would not be appropriate in all the circumstances of the case.
(3) Where a child support officer is satisfied that the adjustment referred to in paragraph (2) would not be appropriate, he may cancel that adjustment or he may adjust the amount payable under that fresh maintenance assessment as he sees fit, having regard to the matters specified in heads (i) to (iii) of sub-paragraph (b) of paragraph (1).
(4) Any adjustment under the provisions of paragraph (1), (2) or (3) shall not reduce the amount payable under a maintenance assessment to less than the minimum amount prescribed under paragraph 7 of Schedule 1 to the Act " .
Amendment of regulation 11 of the Arrears Regulations
9.-(1) Regulation 11 of the Arrears Regulations shall be amended in accordance with the...
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