The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend various regulations made under the Child Support Act 1991 (“the Act”).

Regulations 2 and 3 amend the Child Support Appeal Tribunals (Procedure) Regulations 1992 to make provision for notice of appeal to be lodged with the Secretary of State at the Child Support Agency Appeals Unit.

Regulation 4 amends the Child Support Fees Regulations 1992, deferring the reintroduction of fees until April 1999.

Regulations 5 to 9 amend the Child Support (Maintenance Assessment Procedure) Regulations 1992 in the following respects:

(a) regulation 5 makes a drafting amendment to paragraph (6) of regulation 1;

(b) regulation 6 clarifies the provisions of paragraph (8) of regulation 8D;

(c) regulation 7 creates an exception to the de minimis provisions of regulation 20 where, following a review under section 17, the child support officer determines that the case no longer falls within paragraph 5(4) of Schedule 1 to the Act;

(d) regulation 8 clarifies existing effective date provisions and makes provision for the effective date of a new maintenance assessment which relates to part only of the period after the maintenance enquiry form was sent and also for the effective date of an assessment made, subsequently, when all relevant information is available for the whole of the relevant period;

(e) regulation 9 revokes the provision made for suspension, in certain circumstances, of a reduced benefit direction.

Regulations 10 to 15 amend the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 in the following respects:

(a) regulation 10 inserts three new definitions and amends the definition of “personal pension scheme”, to reflect the definition now utilised by the Income Support (General) Regulations 1987;

(b) regulation 11 inserts a new regulation 10A, which prescribes family credit and disability working allowance, with certain exceptions, for the purposes of paragraph 5(4) of Schedule 1 to the Act;

(c) regulation 12 provides for the disposable income figure prescribed in regulation 12(1)(b) to be reduced by the amount of any maintenance payable under certain maintenance orders;

(d) regulation 13 makes various amendments to Schedule 1;

(e) regulation 14 amends Schedule 2, providing for payments made in lieu of community care services to be disregarded in calculating or estimating net income;

(f) regulation 15 makes various amendments to Schedule 3.

Regulation 16 makes certain transitional provisions.

These Regulations impose no costs on business.