Statutory Instrument 2001 No. 162

The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000

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STATUTORY INSTRUMENTS

2001 No. 162
FAMILY LAW
CHILD SUPPORT
The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000

	Made	18th January 2001
	Coming into force as provided in regulation 1(2) and (3)

Whereas a draft of this Instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991[1] and approved by a resolution of each House of Parliament:

     Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 28J(3), 29(2) and (3), 30(1), (4) and (5), 32(1) to (5) and (7) to (9), 34(1), 35(7) and (8), 39(1), (3) and (4), 40(11), 40B(11), 41(2), 41A(1) and (4), 47(1) to (3), 51, 52(4) and 54 of the Child Support Act 1991[2] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1. - (1) These Regulations may be cited as the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000.

    (2) Regulations 4 and 6(3), and, for the purposes of those provisions, this regulation, shall come into force on 2nd April 2001 and regulation 2(6)(c) and (9), and, for the purposes of those provisions, this regulation, shall come into force on the day on which section 16 of the 2000 Act comes into force.

    (3) The remainder of these Regulations shall come into force in relation to a particular case on the day on which sections 1(2) and (3), 4, 18(1) and (2), and 20(1) of and Schedule 3 paragraph 11(2) and (16) to the 2000 Act come into force for the purposes of that type of case.

    (4) In these Regulations, unless the context otherwise requires -

"the 2000 Act" means the Child Support, Pensions and Social Security Act 2000;

"the Act" means the Child Support Act 1991;

"the Arrears, Interest and Adjustment Regulations" means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992[

Amendment of the Collection and Enforcement Regulations
2. - (1) The Collection and Enforcement Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In Part I (general), in regulation 1 -

(a) for paragraph (2) there shall be substituted -

" (2) In these Regulations -

"the Act" means the Child Support Act 1991;

"the 2000 Act" means the Child Support, Pensions and Social Security Act 2000;

"interest" means interest which has become payable under section 41 of the Act before its amendment by the 2000 Act; and

"voluntary payment" means a payment as defined in section 28J of the Act and Regulations made under that section.";

(b) after paragraph (2), there shall be inserted -

" (2A) Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations "fee" means an assessment fee or a collection fee, which for these purposes have the same meaning as in the Child Support Fees Regulations 1992[

(3) In Part II (collection of child support maintenance) -

Voluntary Payments

5A.

- (1) Regulation 5(1) shall apply in relation to voluntary payments as if -

(2) In determining when the Secretary of State shall transmit a voluntary payment to the person entitled to it, the Secretary of State shall have regard to the factor in regulation 4(2)(c)."; and

(e) in regulation 7 -

" (1A) In the case of penalty payments, interest or fees, the Secretary of State shall send the liable person a notice stating -

" (3) A notice under paragraph (1A) shall be sent to the liable person as soon as reasonably practicable after the decision to require a payment of the penalty payment, interest or fees has been made.".

(4) After Part II there shall be inserted -

" PART IIA
COLLECTION OF PENALTY PAYMENTS
Payment of a financial penalty

7A.

- (1) This regulation applies where a maintenance calculation is, or has been, in force, the liable person is in arrears with payments of child support maintenance, and the Secretary of State requires the liable person to pay penalty payments to him.

    (2) For the purposes of regulation 7(1)(e) a payment will be overdue if it is not received by the time that the next payment of child support maintenance is due.

    (3) The Secretary of State may require a penalty payment to be made if the outstanding amount is not received within 7 days of the notification in regulation 7(1)(e) or if the liable person fails to pay all outstanding amounts due on dates and of amounts as agreed between the liable person and the Secretary of State.

    (4) Payments of a penalty payment shall be made within 14 days of the notification referred to in regulation 7(1A).

    (5) In this Part a "liable person" means a person liable to make a penalty payment and in Part II and in this Part "penalty payment" is to be construed in accordance with section 41A of the Act.".

(5) Part III (deduction from earnings orders) shall be amended as follows -

(a) in regulation 8 -

" "protected earnings proportion" means the proportion referred to in regulation 11(2).";

(b) in paragraph (e) of regulation 9, for the words "protected earnings rate" there shall be substituted "protected earnings proportion";

(c) paragraphs (2) and (3) of regulation 10 shall be omitted;

(d) in regulation 11 -

(iv) paragraphs (3) and (4) shall be omitted;

(e) in regulation 12 -

(f) in regulation 17 -

(g) in paragraph (1)(f) of regulation 20 -

(h) in paragraph (6) of regulation 21, the words "or (5)" shall be omitted; and

(i) in regulation 24 -

(iii) in paragraphs (2) and (4) -

(6) In Part IV (liability orders) -

(a) in paragraph (2) of regulation 27, for the words "in respect of arrears payable under section 41(3) of the Act" there shall be substituted ", penalty payments or fees which have become payable and have not been paid";

(b) in regulation 33 -

" Disqualification from driving order

35.

- (1) For the purposes of enabling an enquiry to be made under section 39A of the Act as to the liable person's livelihood, means and conduct, a justice of the peace having jurisdiction for the area in which the liable person resides may issue a summons to him to appear before a magistrates' court and to produce any driving licence held by him, and, where applicable, its counterpart, and, if he does not appear, may issue a warrant for his arrest.

    (2) In any proceedings under sections 39A and 40B of the Act, a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed for or on behalf of his employer, shall be evidence of the facts there stated.

    (3) Where an application under section 39A of the Act has been made but no disqualification order is made, the application may be renewed on the ground that the circumstances of the liable person have changed.

    (4) A disqualification order shall be in the form prescribed in Schedule 4.

    (5) The amount to be included in the disqualification order under section 40B(3)(b) of the Act in respect of the costs shall be such amount as in the view of the court is equal to the costs reasonably incurred by the Secretary of State in respect of the costs of the application for the disqualification order.

    (6) An order made under section 40B(4) of the Act may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area, if the liable person fails to appear or produce or surrender his driving licence or its counterpart to the court.

    (7) An order may be executed by a constable notwithstanding that it is not in his possession at the time but such order shall, if demanded, be shown to the liable person as soon as reasonably practicable.

    (8) In this regulation "driving licence" means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988[

(7) In Schedule 1, after " - interest" there shall be inserted -

" - penalty payments - fees".

(8) In Schedule 3 -

    (9) After Schedule 3 there shall be inserted, as Schedule 4, the Schedule set out in the Schedule to these Regulations.

Amendment of the Collection and Enforcement of Other Forms of Maintenance Regulations
     3. - (1) The Collection and Enforcement of Other Forms of Maintenance Regulations shall be amended in accordance with the following paragraphs of this regulation.

    (2) In regulations 2(b), 3 and 4(b), for the words "maintenance assessment" wherever they appear there shall be substituted "maintenance calculation".

    (3) In regulation 3, for "40" there shall be substituted "40B".

    (4) In regulation 5, for "absent parent" there shall be substituted "non-resident parent".

Revocation of the Fees Regulations
     4. The Fees Regulations shall be revoked.

Amendment of the Arrears, Interest and Adjustment Regulations
     5. - (1) The Arrears, Interest and Adjustment Regulations shall be amended in accordance with the following paragraphs of this regulation.

    (2) In paragraph (2) of regulation 1 (interpretation) -

(a) the following definitions shall be omitted: "absent parent", "due date", "Maintenance Assessments and Special Cases Regulations" and "Maintenance Assessment Procedure Regulations";

(b) after the definition of "arrears notice" there shall be inserted -

" "Maintenance Calculation Procedure Regulations" means the Child Support (Maintenance Calculation Procedure) Regulations 2000[

(3) In Part II (arrears of child support maintenance and interest on arrears) -

(d) in regulation 8 -

(e) regulations 3, 4, 6 and 7 shall be omitted.

(4) In Part III (attribution of payments and adjustment of the amount payable under a maintenance assessment) -

(iii) in paragraph (4) -

(e) in regulation 10A(1) -

(f) after regulation 10A there shall be inserted -

Repayment of a reimbursement of a voluntary payment

10B.

The Secretary of State may require a relevant person to repay the whole or any part of any payment by way of reimbursement made to a non-resident parent under section 41B(2) of the Act where -

income support or income-based jobseeker's allowance was not in payment to that person at any time during the period in which the voluntary payment was made or at the date or dates on which the payment by way of reimbursement was made.".

Savings
6. - (1) Where, in respect of a particular case before the date that these Regulations come into force with respect to that type of case, -

(a) interest has become due but has not been paid;

(b) the Secretary of State has made a payment by way of reimbursement under section 41B(2) of the Act; or

(c) arrears of child support maintenance have not been paid,

these Regulations shall not apply for the purposes of -

(i) the recovery of the interest referred to in sub-paragraph (a);

(ii) the repayment to the Secretary of State of the whole, or part, of the sum reimbursed referred to in sub-paragraph (b); or

(iii) the collection and enforcement of the arrears referred to in sub-paragraph (c).

(2) Where in respect of a particular case after the date that these Regulations come into force with respect to that type of case an adjustment falls to be made in relation to a maintenance assessment, these Regulations shall not apply for the purposes of making the adjustment.

(3) Where, before the coming into force of regulation 4 of these Regulations, fees have become due but have not been paid, the Fees Regulations shall have effect as if regulation 4 of these Regulations had not been made.

Signed by authority of the Secretary of State for Social Security.

P. Hollis
Parliamentary Under-Secretary of State, Department of Social Security

18th January 2001

SCHEDULERegulation 2(9)

SCHEDULE 4 TO BE INSERTED IN THE COLLECTION AND ENFORCEMENT REGULATIONS

" SCHEDULE 4

Regulation 35(4)

FORM OF ORDER OF DISQUALIFICATION FROM HOLDING OR OBTAINING A DRIVING LICENCE

Sections 39A and 40B of the Child Support Act 1991 and regulation 35 of the Child Support (Collection and Enforcement) Regulations 1992.

Magistrates' Court

Date:

Liable Person:

Address:

A liability order ("the order") was made against the liable person by the [    ] Magistrates' Court on [    ] under section 33 of the Child Support Act 1991 ("the Act") in respect of an amount of [    ].

The court is satisfied -

[and/or]

that the Secretary of State sought under section 36 of the Act to recover through [ ] County Court by means of [garnishee proceedings] [a charging order], the amount then outstanding in respect of which the order was made;

The decision of the court is that the liable person be disqualified from [holding or obtaining] a driving licence from [date] for [period] unless the aggregate amount in respect of which this order is made is sooner paid*

This order is made in respect of -

Amount outstanding (including any interest, fees, penalty payments, costs and charges):

Aggregate amount:

And you [the liable person] shall surrender to the court any driving licence and counterpart held.

     Justice of the Peace

     [or by order of the Court

     Clerk of the Court]

* Note: The period of disqualification may be reduced as provided by section 40B(5)(a) of the Act if part payment is made of the aggregate amount. The order will be revoked by section 40B(5)(b) of the Act if full payment is made of the aggregate amount."

Notes:

[1] 1991 c. 48. Section 52 is amended by section 25 of the Child Support, Pensions and Social Security Act 2000 (c. 19).back

[2] Sections 32, 47 and 54 are amended by, sections 28J, 39A and 40B are inserted by, and section 41A is substituted by, respectively, paragraph 11(16), (18) and (20) of Schedule 3 to, and sections 20(1), 16(1) and (3) and 18(2) of, the Child Support, Pensions and Social Security Act 2000. Section 54 is cited because of the meaning ascribed to the word "prescribed".back

[3] S.I. 1992/1816. Relevant amending instruments are S.I. 1993/913, 1995/1045, 1995/3261, 1996/1345 and 1999/1510.back

[4] S.I. 1992/1989. Relevant amending instruments are S.I. 1993/913, 1994/227, 1995/3261, 1996/1945, 1998/58, 1999/977 and 1999/1510.back

[5] S.I. 1992/2643, as amended by S.I. 1993/913.back

[6] S.I. 1992/3094. Relevant amending instruments are S.I. 1994/227, 1995/1045, 1996/1345, 1996/1945 and 1999/977.back

[7] The definition of collection fee was amended by S.I. 1994/227.back

[8] S.I. 2001/162.back

[9] 1998 c. 52, section 108(1).back

[10] S.I. 2001/157.back

[11] S.I. 2001/155.back

[12] S.I. 1999/991. The relevant amending instrument is S.I. 2000/3185.back

ISBN 0 11 019123 4

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Prepared 31 January 2001