The Child Support (Management of Payments and Arrears) Regulations 2009

PART 1 E+W+S General

Citation and commencement E+W+S

1.  These Regulations may be cited as the Child Support (Management of Payments and Arrears) Regulations 2009 and come into force on 25th January 2010.

Interpretation E+W+S

2.—F1 (1) In these Regulations—

“the 1991 Act” means the Child Support Act 1991;

“a 1993 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 M1 have not been brought into force in accordance with article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 M2 ;

[F2 “a 2003 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 have been brought into force in accordance with article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No.12) Order 2003;

“a 2012 scheme case” means a case in respect of which the provisions of the Child Maintenance and Other Payments Act 2008 have been brought into force in accordance with article 2 of the Child Maintenance and Other Payments Act 2008 (Commencement No.10 and Transitional Provisions) Order 2012, article 2 of the Child Maintenance and Other Payments Act 2008 (Commencement No.11 and Transitional Provisions) Order 2013 or article 2 of the Child Maintenance and Other Payments Act 2008 (Commencement No.12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No.15) Order 2013;]

[F1 “child in Scotland” means a child who has made an application for a maintenance calculation under section 7 of the 1991 Act;]

[F3 “Child Maintenance Service system” means the computer system used by the Child Maintenance Service which administers a 2012 scheme case or arrears from a 1993 or 2003 scheme case;

“Child Support Agency system” means the computer system used by the Child Support Agency which administers a 1993 or 2003 scheme case;]

“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M3 ;

[F4 “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;]

“non-resident parent” includes a person treated as a non-resident parent by virtue of regulations made under section 42 of the 1991 Act;

“relevant person” means—

(a)

a person with care;

(b)

a non-resident parent;

(c)

where the application for a maintenance calculation is made by a child under section 7 of the 1991 Act, that child,

in respect of whom a maintenance calculation is or has been in force.

(2) In the application of these Regulations to a 1993 scheme case, any reference to expressions in the 1991 Act (including “non-resident parent” and “maintenance calculation”) or to regulations made under that Act are to be read with the necessary modifications.

Textual Amendments

F1 Words in reg. 2(1) inserted (8.10.2012, 10.12.2012 otherwise by virtue of the provisions of the 2008 Act being brought wholly into force on that date by S.I. 2012/3042, art. 4(a)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 2(2)

F2 Words in reg. 2(1) inserted (13.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(2), 4(2)(a)

F3 Words in reg. 2(1) inserted (13.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(2), 4(2)(b)

F4 Words in reg. 2(1) inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 14

Modifications etc. (not altering text)

C1 Reg. 2 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 6(2) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

Marginal Citations

M1 2000 c. 19.

M2 S.I. 2003/192 (C. 11).

M3 S.I. 1999/991.

[F5 Use of electronic communications E+W+S

2A.   Schedule 1 makes provision for the use of electronic communications.]

Textual Amendments

F5 Reg. 2A inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 15

Arrears notices E+W+S

3.—(1) This regulation applies to a case where—

[F6 (a) include the amount of all outstanding arrears of child support maintenance due and not paid;]

(b) the non-resident parent has failed to make one or more payments of child support maintenance due.

(2) Where the [F7 Secretary of State] is considering taking action with regard to a case falling within paragraph (1) [F7 the Secretary of State] must serve a notice on the non-resident parent.

(3) The notice must—

(a) itemize the payments of child support maintenance due and not paid;

(b) set out in general terms the provisions as to arrears contained in this regulation and regulation 8 of the AIMA Regulations M4 ; and

(c) request the non-resident parent make payment of all outstanding arrears.

(4) Where a notice has been served under paragraph (2), no duty to serve a further notice under that paragraph arises in relation to further arrears unless those further arrears have arisen after an intervening continuous period of not less than 12 weeks during the course of which all payments of child support maintenance due from the non-resident parent have been paid on time in accordance with regulations made under section 29 of the 1991 Act.

Textual Amendments

F6 Reg. 3(3)(a) substituted (30.4.2012) by The Child Support (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/712), regs. 1(1), 3

F7 Words in reg. 3(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 121(2)(b)

Modifications etc. (not altering text)

C2 Reg. 3 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 6(3) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

Marginal Citations

M4 Regulation 8 was substituted by S.I. 1995/3261 and amended by S.I. 1996/1345 and 2001/162. References to the Secretary of State in that regulation are treated as references to the Commission by virtue of paragraph 55(3) of Schedule 3 to the 2008 Act, as the function of the Secretary of State was transferred to the Commission by section 13 of that Act.

[F8 Notice of consequences of failure to pay child support maintenance due E+W+S

3A.— (1) This paragraph applies to a case where—

(a) either—

(i) there are arrangements for direct pay, or

(ii) the Secretary of State is arranging for the collection of child support maintenance under section 29 of the 1991 Act but there are no arrangements for enforcement under the 1991 Act; and

(b) the non-resident parent has failed to make one or more payments of child support maintenance due.

(2) Where paragraph (1) applies to a case, the Secretary of State may only start making arrangements for collection under section 29 of the 1991 Act or arrangements for enforcement under the 1991 Act (or both) where the non-resident parent has been given a notice, within the preceding 12 month period, setting out that the Secretary of State will consider making such arrangements where there is a failure to make one or more payments of child support maintenance due.]

Textual Amendments

F8 Reg. 3A inserted (30.6.2014 for specified purposes) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 6(4) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

Attribution of payments E+W+S

4.  Where a maintenance calculation is or has been in force and there are arrears of child support maintenance, the [F9 Secretary of State] may attribute any payment of child support maintenance made by a non-resident parent to child support maintenance due as [F9 the Secretary of State] thinks fit.

Textual Amendments

F9 Words in reg. 4 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 121(3)