The Child Support Fees Regulations (Northern Ireland) 2014

PART 4 Miscellaneous

Collection and enforcement of fees

9.—(1) Subject to paragraph (2), the provisions of the Child Support Order with respect to—

(a) the collection of child support maintenance;

(b) the enforcement of any obligation to pay child support maintenance,

shall apply equally to the collection and enforcement of fees payable under one or both of Parts 2 and 3 of these Regulations.

(2) The following provisions of the Child Support Order do not apply where those provisions would be used solely to enforce payment of a fee payable by virtue of one or both of Parts 2 and 3—

(a) Article 36A(1) (commitment to prison and disqualification from driving);

(b) Article 37(2) (commitment to prison); and

(c) Article 37A(3) (disqualification from driving: further provision).

Amendment of the Social Security (Claims and Payments) Regulations

10.—(1) Schedule 8C to the Social Security (Claims and Payments) Regulations (Northern Ireland)1987 (deductions from benefit in respect of child support maintenance and payment to persons with care)(4) is amended as follows.

(2) In paragraph 1 (interpretation) after the definition of “beneficiary” insert—

““fee” means any collection fee under Part 2 of the Child Support Fees Regulations (Northern Ireland) 2014 which is payable by the non-resident parent;”.

(3) In paragraph 2(5) (deductions)—

(a) in sub-paragraph (1)—

(i) after “an amount equal to the amount of maintenance” insert “and any fee”; and

(ii) at the end insert “, and retain any amount deducted in discharge of any liability to pay a fee”;

(b) in sub-paragraph (2) after “A deduction” insert “for maintenance and fees”.

(4) In paragraph 3(1)(6) (arrears) —

(a) for “£1” substitute “£1.20”;

(b) at the end insert “, and retain any amount deducted in discharge of any liability to pay a fee”.

(5) In paragraph 4 (apportionment) after “the amount deducted” insert “in respect of maintenance”.

(6) In paragraph 5(2)(7) (flat rate maintenance)—

(a) before the words “may be deducted” insert “and any fee”;

(b) after “both partners’ liability to pay maintenance” insert “and any fee”; and

(c) at the end insert “or retained in discharge of any liability to pay a fee”.

(7) In paragraph 6(2)(8) (flat rate maintenance (polygamous marriage))—

(a) before the words “may be deducted” insert “and any fee”;

(b) after “all the members’ liability to pay maintenance” insert “and any fee”; and

(c) at the end insert “or retained in discharge of any liability to pay a fee”.

(1)

Article 36A was inserted by section 16(1) of the 2000 Act

(2)

Article 37 was amended by section 16(2) of, and Schedule 9 to, the 2000 Act

(3)

Article 37A was inserted by section 16(3) of the 2000 Act

(4)

S.R. 1987 No. 465; Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22

(5)

Paragraph 2(1) was amended by regulation 14(3)(a) of S.R. 2003 No. 191 and regulation 13(20)(a) of S.R. 2008 No. 286

(6)

Paragraph 3(1) was amended by regulation 14(3)(a) of S.R. 2003 No. 191 and regulation 13(20)(b) of S.R. 2008 No. 286

(7)

Paragraph 5(2) was amended by regulation 3 of S.R. 2013 No. 190

(8)

Paragraph 6(2) was amended by regulation 3 of S.R. 2013 No. 190