Child Support and Income Support (Amendment) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1045 |
| Year | 1995 |
(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—After paragraph (2) of regulation 2 of the Appeals Regulation (Service of notices or documents) there shall be added the following paragraph — The provisions of paragraph (2) shall apply to a summons or a citation issued under regulation 10.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— section 20(1) or 46(7) of the Act; orregulation 42(9) of the Child Support (Maintenance Assessment Procedure) Regulations 1992,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.After regulation 3 of the Appeals Regulations there shall be inserted the following regulation— 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.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) .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.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 After paragraph (5) of regulation 11 of the Appeals Regulations (hearings) there shall be inserted the following paragraph— 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For paragraph (2) of regulation 4 of the Collection and Enforcement Regulations (interval of payment) there shall be substituted the following paragraph— the circumstances of the person liable to make the payments and in particular the day upon which and the interval at which any income is payable to that person;any preference indicated by that person;any period necessary to enable the clearance of cheques or otherwise necessary to enable the transmission of payments to the person entitled to receive them,(1) Paragraph (1) of regulation 8 of the Collection and Enforcement Regulations shall be amended in accordance with the following provisions of this regulation.(2) Before the definition of “disposable income”, there shall be inserted the following definition—“ regulation 12(1) (a) ” .(4) After the definition of “exempt income” there shall be inserted the following definition—“ paragraphs (1) to (5) of ” .For paragraphs (d) and (e) of regulation 9 of the Collection and Enforcement Regulations
the normal deduction rate or rates and the date upon which each is to take effect;the protected earnings rate;(1) Regulation 10 of the Collection and Enforcement Regulations (normal deduction rate) shall be amended in accordance with the following provisions of this regulation.(2) In paragraph (1) , for the words “the normal deduction rate” there shall be substituted the words “ a normal deduction rate ” .after the words “arrears or interest” there shall be inserted the words “ , in a case where there is a current assessment, ” ;for the words “at the date of making of the current assessment” there shall be substituted the words “ at the date of making of any current maintenance assessment other than an interim maintenance assessment ” .(1) Regulation 11 of the Collection and Enforcement Regulations (protected earnings rate) shall be amended in accordance with the following provisions of this regulation.(2) In paragraph (2) , after the word “shall” there shall be inserted the words, “ except where paragraph (3) or paragraph (4) applies, ” (3) At the end of the regulation there shall be added 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.
- “defective” means in relation to a deduction from earnings order that it does not comply with the requirements of regulations 9 to 11 and such failure to comply has made it impracticable for the employer to comply with his obligations under the Act and these Regulations;
- “interim maintenance assessment” means a Category A, Category B, Category C or Category D interim maintenance assessment within the meaning of regulation 8(1B) of the Child Support (Maintenance Assessment Procedure) Regulations 1992;
- (3) Where an interim maintenance assessment is in force the protected earnings rate shall be—
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(a) where there is some knowledge of the liable person’s circumstances, the aggregate of the following amounts at the date of the making of the assessment—
(i) the personal allowance applicable by virtue of paragraph 1(1) (e) of Schedule 2 to the Income Support (General) Regulations 1987 (in this paragraph referred to as “the relevant Schedule”) or if he is known to have a partner, that applicable for a couple under paragraph 1(3) (c) of that Schedule;
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