The Child Support (Miscellaneous Amendments) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend various regulations under the Child Support Act 1991, as amended by the Child Support Act 1995.

The Child Support (Collection and Enforcement) Regulations 1992 are amended to make it an offence, on the part of an employer, to fail to forward amounts deducted under a deduction from earnings order to the Secretary of State by the date set in regulation 14 of those Regulations. In addition provision is made to include in the definition of “earnings” subject to a deduction from earnings order payment or allowances received by an absent parent from his civilian employer while serving as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996) (regulation 2).

The Child Support Fees Regulations 1992 are amended to provide that no assessment fee or collection fee shall be payable where it would otherwise have become payable on or after 18th April 1995 and before 6th April 2001 (regulation 3).

Regulation 9 of the Child Support (Information, Evidence and Disclosure) Regulations 1992, which makes provision for the disclosure of certain information to local authorities, is repealed, to avoid overlap with the provision made by section 3 of the Social Security Act 1998. In addition the information available to be disclosed between the parties to an assessment is broadened by means of an amendment to regulation 9A (regulation 4).

The Child Support (Maintenance Assessment Procedure) Regulations 1992 are amended in order to amend certain obsolete references to youth training schemes (regulation 5).

The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 are amended by regulation 6 in the following respects. Firstly, regulation 19 is amended to remove an anomaly relating to the effective dates of assessments made where both parents are absent (regulation 6(4)). Secondly, provision is made for the earnings of a self-employed earner to be calculated on the basis of taxable profit figures submitted to the Inland Revenue by that earner, rather than by reference to the provisions at present contained in Chapter 2 of Schedule 1 to the Regulations (regulation 6(5)). Thirdly, in relation to transfers of property made in accordance with the terms of a court order or written maintenance agreement made or executed prior to 5th April 1993, provision is made to amend the definition of a “qualifying transfer” and for the calculation of the value of such transfers for the purposes of the allowance in exempt income (regulation 6(7)). Finally, several minor amendments are made, firstly, to bring references up to date, removing further references to youth training schemes, and to replace provisions in the Jobseeker’s Allowance legislation (regulation 6(5)), and secondly to make provision as to the treatment in income terms of certain child and dependency allowances which may be paid in conjunction with a war pension (regulation 6(5)).

Regulation 7 makes certain transitional provisions.

These Regulations impose no costs on business.