The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/338 |
| Year | 2015 |
2015No. 338
FAMILY LAW
CHILD SUPPORT
The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015
19thFebruary2015
26thFebruary2015
The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 28ZD(1), 34(1)(b), 41B(3), 49D(2)(c), 51(1) and (2)(i), 52(4) and 54(1) of, and paragraph 5(1) and (2) of Schedule 1 (as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000( 1)) to, the Child Support Act 1991( 2), makes the following Regulations:
Citation and commencement
1.-(1) These Regulations may be cited as the Child Support (Miscellaneous and Consequential Amendments) Regulations 2015.
(2) Subject to paragraph (3), these Regulations come into force on 23rd March 2015.
(3) Regulation 3 comes into force on the date on which section 1 of the Childcare Payments Act 2014 (entitlement to receive money towards costs of childcare)( 3) comes into force for all purposes.
Amendments to the Child Support (Maintenance Assessment Procedure) Regulations 1992
2.-(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992 ( 4) are amended as follows.
(2) In regulation 17 (revision of decisions)( 5)-
(a) in paragraph (1)(a) omit "within one month of the date of notification of the decision or within such longer time as may be allowed by regulation 18";
(b) after "section 16 of the Act" insert-
"either-
(i) within one month of the date of notification of the decision;
(ii) within one month of the date on which notice of the correction is given under regulation 53A(3) (correction of accidental errors); or
(iii) within such longer time as may be allowed by regulation 18;".
(3) After regulation 53 (authorisation of representative) insert-
"Correction of accidental errors
53A.
-(1) An accidental error in a decision of the Secretary of State made under the Act, or in any record of such a decision, may be corrected by the Secretary of State at any time.
(2) Such a correction is to be treated as part of that decision or of that record.
(3) The Secretary of State must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.
(4) In calculating the time within which an application may be made under regulation 17(1)(a) (revision of decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of any correction was given.".
Amendment to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
3. After paragraph 48F of Schedule 2 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (amounts to be disregarded when calculating or estimating N and M)( 6) insert-
"48G. Any top-up payment made under the Childcare Payments Act 2014 ("top-up payment" is to be read in accordance with section 1 of that Act).".
Amendments to the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992
4. In regulations 10A(1)(a) (reimbursement of a repayment of overpaid child maintenance) and 10B (repayment of a reimbursement of a voluntary payment) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992( 7), after "income support" insert ", income-related employment and support allowance".
Amendments to the Child Support (Collection and Enforcement) Regulations 1992
5. Schedule 1 to the Child Support (Collection and Enforcement) Regulations 1992 (liability order prescribed form)( 8) is amended as follows-
(a) omit "for Social Security";
(b) for "are due from the defendant" substitute "have become payable by the liable person (the defendant)";
(c) for "are outstanding" substitute "have not been paid";
(d) for "collected by virtue of" substitute "that the Secretary of State has arranged to collect under".
Modification of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
6.-(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999( 9) are modified, in relation to 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 substituted by Schedule 1 to the Child Support, Pensions and Social Security Act 2000, before its amendment by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008( 10), as if they had been amended as follows.
(2) In regulation 3A(1) (revision of child support decisions)( 11), for sub-paragraph (a) substitute-
"(a) if the Secretary of State receives an application for the revision of a decision under either section 16 or section 28G of the Child Support Act-
(i) within one month of the date of notification of the decision;
(ii) within one month of the date on which notice of the correction is given under regulation 9B(3) (correction of accidental errors in child support decisions); or
(iii) within such longer time as may be allowed under regulation 4;".
(3) After regulation 9A (correction...
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