The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/439 |
| Year | 2016 |
2016 No. 439
Family LawChild Support
The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations 2016
Made 23th March 2016
Coming into force 23th May 2016
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 19911and sections 6(1) to (3) and 55(3) and (4) of the Child Maintenance and Other Payments Act 20082.
A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2) of the Child Support Act 19913and section 55(5) of the Child Maintenance and Other Payments Act 20084.
Citation, commencement and cessation
1.—(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 20145apply thereafter as if the amendments made to them by regulation 3 had not been made.
Modification of the Child Support (Collection and Enforcement) Regulations 1992
2.—(1) The Child Support (Collection and Enforcement) Regulations 19926are 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 19917as 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)
(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”;
(b)
(b) in sub-paragraph (c) the word “or” is omitted;
(c)
(c) there were inserted at the end of sub-paragraph (d)—
“; or
(e)
(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)
(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)
(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 2014
3.—(1) The Child Support Fees Regulations 2014 are amended as follows.
(2) In regulation 10 (the enforcement fee)—
(a)
(a) the existing provision becomes paragraph (1);
(b)
(b) after paragraph (1) insert—
“2 An enforcement fee of £50 is payable to the Secretary of State by a non-resident parent in a case where—
(a) regulation 12A(2) (waiver of a collection fee and an enforcement fee in certain segment 5 cases) is satisfied;
(b) the Secretary of State makes a determination that the payment arrangement referred to in regulation 12A(2)(c) is to end;
(c) the deduction from earnings order referred to in regulation 12A(2)(c)(ii) is varied on or after the date on which that determination is made; and
(d) that deduction from earnings order has not been varied previously on or after the date on which that determination is made.”.
(3) In regulation 12 (waiver of an enforcement fee)—
(a)
(a) in paragraph (1) after “10” insert “(1)”;
(b)
(b) after paragraph (1) insert—
“1A An enforcement fee payable under regulation 10(2) may be waived in the circumstances specified in paragraphs (4)(c) and (6).”;
(c)
(c) in paragraph (6) after “made” insert “, or a deduction from earnings request made against the non-resident parent is varied,”.
(4) After Part 4 (enforcement fee) insert—
“PART 4A
Segment 5 cases
Waiver of a collection fee and an enforcement fee in certain segment 5 cases
12A.—(1) A collection fee or an enforcement fee that becomes payable during the relevant period may be waived in a case that satisfies paragraph (2).
(2) A case satisfies this paragraph where—
(a)
(a) the person with care, non-resident parent and qualifying child were the person with care, non-resident parent (or absent parent) and qualifying child in relation to an existing case (“the previous case”) where—
(i) notice has been given under regulation 5(2) (exercise of the choice as to whether or not to stay in the statutory scheme) of the Ending Liability Regulations specifying a liability end date determined in accordance with regulation 6(1)(b) (liability end date) of those Regulations;
(ii) on the date on which the notice was printed by the Secretary of State the case was a segment 5 case (which has the meaning given in the scheme prepared by the Secretary of State under regulation 3(1) (scheme in relation to ending liability in existing cases) of the Ending Liability Regulations (as revised from time to time)8); and
(iii) the notice was sent on or after 23rd May 2016;
(b)
(b) an application for a maintenance calculation was made before the liability end date in respect of the previous case;
(c)
(c) the Secretary of State has specified that payments of child support maintenance are...
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