The Child Support (Collection and Enforcement) Regulations 1992

Appeals against deduction from earnings orders E+W+S

22.—(1) A liable person in respect of whom a deduction from earnings order has been made may appeal to the magistrates’ court, or in Scotland the sheriff [F1 of the sheriffdom in which he resides].

(2) [F2 Subject to paragraph (2A),] any appeal shall—

(a) be by way of complaint for an order or, in Scotland, by way of application;

(b) [F3 where the liable person is resident in the United Kingdom,] be made within 28 days of the date on which the matter appealed against arose.

[F4 (c) where the liable person is not resident in the United Kingdom, be made within 56 days of the date on which the matter appealed against arose.]

[F5 (2A) Any appeal against a decision of the Secretary of State that the exclusion required by regulation 3(3) does not apply is—

(a) where the liable person is resident in the United Kingdom, to be made within 28 days of the date on which that decision is given or sent to the liable person;

(b) where the liable person is not resident in the United Kingdom, to be made within 56 days of the date on which that decision is given or sent to the liable person.]

(3) [F6 Subject to paragraph (3A),] an appeal may be made only on one or both of the following grounds—

(a) that the deduction from earnings order is defective;

(b) that the payments in question do not constitute earnings.

[F7 (3A) Where the Secretary of State is considering specifying a deduction from earnings order as a method of payment under regulation 3(1)(i) an appeal may also be made against a decision of the Secretary of State that the exclusion required by regulation 3(3) does not apply.]

(4) [F8 Subject to paragraph (5),] where the court or, as the case may be, the sheriff is satisfied that the appeal should be allowed the court, or sheriff, may—

(a) quash the deduction from earnings order; or

(b) specify which, if any, of the payments in question do not constitute earnings.

[F9 (5) Where an appeal is brought on the grounds set out in paragraph (3A), and the court, or as the case may be, the sheriff, is satisfied that the appeal should be allowed the court or the sheriff is to refer the case to the Secretary of State for him to specify whichever of the methods of payment set out in regulation 3(1) he considers to be appropriate in the circumstances.]

Textual Amendments

F1 Words in reg. 22(1) substituted (1.8.2007) by The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 2(2)(a)

F2 Words in reg. 22(2) inserted (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(4)(a)

F3 Words in reg. 22(2)(b) inserted (1.8.2007) by The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 2(2)(b)

F4 Reg. 22(2)(c) inserted (1.8.2007) by The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 2(2)(c)

F5 Reg. 22(2A) inserted (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(4)(b)

F6 Words in reg. 22(3) inserted (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(4)(c)

F7 Reg. 22(3A) inserted (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(4)(d)

F8 Words in reg. 22(4) inserted (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(4)(e)

F9 Reg. 22(5) added (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(4)(f)