The Child Support (Collection and Enforcement) Regulations 1992

Changes over time for: Section 25A

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[F1Interpretation of this PartE+W+S

25A.—(1) In this Part—

[F2“another account-holder” means an account-holder other than the liable person in a case where a regular deduction order or a lump sum deduction order is proposed or made in respect of a joint account]

“assessable income” means the amount calculated in accordance with paragraph 5 of Schedule 1 to the Act as it applies to a 1993 scheme case and regulations made for the purposes of that paragraph;

[F3“current income” has the meaning given in regulation 37 of the Child Support Maintenance Calculation Regulations 2012 (current income – general);]

“deduction period” means the period of a week, a month or other period at which deductions are to be made from the amount (if any) standing to the credit of the account specified in a regular deduction order;

“garnishee order” means an order made in accordance with the provisions of order 30 of the County Court Rules 1981 or order 49 of the Rules of the Supreme Court 1965;

[F4“gross weekly income” means income calculated under Chapter 1 of Part 4 of the Child Support Maintenance Calculation Regulations 2012;]

[F2“joint account” includes an account used by a partnership formed in England or Wales, of which the liable person is a partner]

[F5“net weekly income” has the meaning given in the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;]

“lump sum deduction order” means an order under section 32E(1) or, as the case may be, 32F(1) of the Act;

“regular deduction order” means an order under section 32A(1) of the Act ;

“third party debt order” means an order made in accordance with the provisions of Part 72 of the Civil Procedure Rules 1998;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where a copy of a regular deduction order or a lump sum deduction order is served or a notification sent by the [F6Secretary of State] is received.

(2) Any person against whom an order under section 32A(1) of the Act may be made by the [F7Secretary of State] is referred to in this Chapter and Chapters 2 and 4 as “the liable person”.

(3) Where a copy of a regular deduction order or a lump sum deduction order is served by the [F7Secretary of State] in accordance with section 32A(7), 32E(6) or 32F(6) of the Act—

(a)on a deposit-taker—

(i) where that copy of the order is sent by electronic communication or fax to the deposit-taker’s last notified address for electronic communication or, as the case may be, fax number, it is to be treated as having been served at the end of the first working day after the day it was sent by the [F7Secretary of State], or

(ii) where that copy of the order is sent by post to the deposit-taker’s last notified address, it is to be treated as having been served at the end of the second working day after the day it was posted by the [F7Secretary of State]; or

[F8(b)on a liable person or, if the order is made in respect of a joint account, on another account holder—

(i)a copy of the order sent by electronic communication to that person’s last notified address for electronic communication, is to be treated as having been served at the end of the first working day after the day on which it was sent;

(ii)a copy of the order sent by post to that person’s last known or notified address, is to be treated as having been served at the end of the day on which the copy of the order was posted. ]

(4) Any notification sent by the [F9Secretary of State] in accordance with this Part to a deposit-taker[F10, a liable person or another account-holder] is to be treated as having been received at the same time as an order is treated as having been served in accordance with the provisions of paragraph (3).

F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Part applies to a 1993 scheme case in the same way as it applies to a 2003 scheme case and—

(a) any references to expressions in the Act (including “maintenance calculation”) or to regulations made under the Act are to be read, in relation to a 1993 scheme case, with the necessary modifications; and

(b)[F12any reference in this Part to “net weekly income” is to be read as if it were a reference to “assessable income” where these Regulations apply to a 1993 scheme case.]

(7) In this regulation—

F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) “1993 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 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; and

(d)“2003 scheme case” means a case in respect of which those provisions have been brought into force.]

Textual Amendments

F1Pt. 3A inserted (3.8.2009) by Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009 (S.I. 2009/1815), regs. 1(1), 2

F2Words in reg. 25A(1) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(2)(a)(i)

F3Words in reg. 25A(1) inserted (30.9.2013 for specified purposes) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(2)(a)

F4Words in reg. 25A(1) inserted (30.9.2013 for specified purposes) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(2)(b)

F5Words in reg. 25A(1) omitted (30.9.2013 for specified purposes) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(3), 4(2)(c)

F6Words in reg. 25A(1) 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. 111(2)(a)

F7Words in reg. 25A(2)(3) 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. 111(2)(b)

F8Reg. 25A(3)(b) substituted (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), 5(a)

F9Words in reg. 25A(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. 111(2)(b)

F10Words in reg. 25A(4) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(2)(c)