The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations 2016

Modification of the Child Support (Collection and Enforcement) Regulations 1992

2.—(1) The Child Support (Collection and Enforcement) Regulations 1992(1) are 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 1991(2) as 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) 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) in sub-paragraph (c) the word “or” is omitted;

(c) there were inserted at the end of sub-paragraph (d)—

“; or

(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) 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) 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”.

(1)

S.I. 1992/1989. Regulations 25A to 25AD were inserted by S.I. 2009/1815. References to “the Commission” in these Regulations were replaced with references to “the Secretary of State” by S.I. 2012/2007. S.I. 1992/1989 was amended by S.I. 2014/1386 which was amended by S.I. 2014/1621. The effect of this (insofar as is relevant) is that regulation 2 of S.I. 2014/1386 modifies S.I. 1992/1989 in relation to cases administered under the 2012 scheme of child support.

(2)

Part 1 of Schedule 1 to the 1991 Act was substituted by section 1(3) of, and Schedule 1 to, the 2000 Act and amended by Schedule 4 to the 2008 Act.