The Child Support (Miscellaneous Amendments) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/1517 |
| Year | 2013 |
2013 No. 1517
Family LawChild Support
The Child Support (Miscellaneous Amendments) Regulations 2013
Made 18th June 2013
Laid before Parliament 27th June 2013
Coming into force in accordance with regulation 1(2) to (4)
The Secretary of State, in exercise of the powers conferred by sections 28G(3), 42, 51(1), 52(4), 54 and 55(1)(b) of, and paragraphs 10(1) and (2)(b) and 10C(2)(b) of Schedule 1 to, the Child Support Act 19911and sections 55(3) and (4) and 57(2) of the Child Maintenance and Other Payments Act 20082makes the following Regulations:
Citation and commencement
1.—(1) These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2013.
(2) This regulation and regulations 2, 3, 5 to 7, 8(4), (5), (7) and (8), 9 and 10 come into force on 30th September 2013.
(3) Regulation 4 comes into force in relation to a case to which the new calculation rules apply on 30th September 2013.
(4) Regulation 8(1) to (3) and (6) comes into force in relation to a case to which the new calculation rules apply on the day on which paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (calculation by reference to gross weekly income) comes into force for all purposes.
(5) In this regulation, “a case to which the new calculation rules apply” means a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008.
Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992
2.—(1) The Child Support (Maintenance Assessment Procedure) Regulations 19923are amended as follows.
(2) In Schedule 1 (meaning of “child” for the purposes of the Act)4—
(a)
(a) for the heading to paragraph 1 substitute—
“Conditions prescribed for the purposes of section 55(1)”;
(b)
(b) after paragraph 7 (education otherwise than at a recognised educational establishment)5insert—
“Person in respect of whom child benefit is payable
8. For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit)6for payments of child benefit not to be made.”.
(3) In paragraph 3 of Schedule 2 (multiple applications), after sub-paragraph (14) insert—
“15 For the purposes of sub-paragraph (12)(c), where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.”.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
3. In regulation 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (citation, commencement and interpretation)7, after paragraph (2A) insert—
“2B For the purposes of these Regulations, where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made—
(a) that person is to be treated as being in receipt of child benefit; and
(b) the amount of child benefit that would be otherwise paid in respect of the relevant child is to be treated as being in payment.”.
Amendment of the Child Support (Collection and Enforcement) Regulations 1992
4.—(1) The Child Support (Collection and Enforcement) Regulations 19928are amended as follows.
(2) In regulation 25A(1) (interpretation)—
(a)
(a) after the definition of “assessable income” insert—
““current income” has the meaning given in regulation 37 of the Child Support Maintenance Calculation Regulations 2012 (current income – general)9;”;
(b)
(b) after the definition of “garnishee order” insert—
““gross weekly income” means income calculated under Chapter 1 of Part 4 of the Child Support Maintenance Calculation Regulations 2012;”;
(c)
(c) omit the definition of “net weekly income”.
(3) In regulation 25A (interpretation), omit paragraph (6)(b).
(4) In regulation 25C(1)(a) (maximum deduction rate), omit “in respect of that period”.
(5) In regulation 25G(2)(d) (review of a regular deduction order), for “gross weekly” substitute “current”.
Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996
5. In paragraph (8) of regulation 18 of the Child Support Departure Direction and Consequential Amendments Regulations 1996 (costs incurred in supporting certain children)10, after sub- paragraph (b) insert—
“(c)
“(c) where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made, the amount of child benefit that would be otherwise paid in respect of the relevant child is to be treated as being payable.”.
Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000
6.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 200011are amended as follows.
(2) For paragraph (3) of regulation 1 (prescription of “relevant other child”) substitute—
“3 For the purposes of paragraph 10C(2)(b) of Schedule 1 to the Act (which provides for other descriptions of relevant other children to be prescribed) “relevant other child” includes a child, other than a qualifying child, in respect of whom the non-resident parent or the non-resident parent’s partner—
(a) would receive child benefit under Part IX of the Contributions and Benefits Act, but in respect of whom they do not do so, solely because the conditions set out in section 146 of that Act (persons outside Great Britain) are not met; or
(b) has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made.”.
(3) In paragraph (3) of regulation 8 (persons treated as non-resident parents), the words from ““child benefit” means” to the end become sub-paragraph (a), and after that sub-paragraph insert—
“(b)
“(b) where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made, that person is to be treated as being in receipt of child benefit.”.
Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2000
7.—(1) The Child Support (Maintenance Calculation Procedure) Regulations 200012are amended as follows.
(2) In Schedule 1 (meaning of “child” for the purposes of the Act)13—
(a)
(a) for the heading to paragraph 1 substitute—
“Conditions prescribed for the purposes of section 55(1)”;
(b)
(b) after paragraph 7 (education otherwise than at a recognised educational establishment)14insert—
“Person in respect of whom child benefit is payable
8. For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made.”.
(3) In paragraph 3 of Schedule 2 (multiple applications), after sub-paragraph (14) insert—
“15 For the purposes of sub-paragraph (11), where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.”.
(4) In paragraph 3 of Schedule 3 (multiple applications – transitional provisions), after sub-paragraph (14) insert—
“15 For the purposes of sub-paragraph (11), where a person has made an election under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made in respect of a child, that person is to be treated as the person to whom child benefit is being paid in respect of that child.”
Amendment of the Child Support Maintenance Calculation Regulations 2012
8.—(1) The Child Support Maintenance Calculation Regulations 2012 are amended as follows.
(2) In regulation 34 (the general rule for determining gross weekly income)—
(a)
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