2014 No. 614
The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014
Made
Coming into force in accordance with regulation 1(1)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 6(2)(g) and 55(3) and (4) of, and paragraphs 2, 3, 5, 6 and 7 of Schedule 5 to, the Child Maintenance and Other Payments Act 20081.
A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 55(5) of that Act2.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 and come into force on the day on which section 19 (transfer of cases to new rules) of the Child Maintenance and Other Payments Act 2008 comes into force for all purposes.
2
In these Regulations—
“the 1991 Act” means the Child Support Act 19913;
“the 1992 Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 19924;
“the 2008 Act” means the Child Maintenance and Other Payments Act 2008;
“absent parent” has the meaning given in section 3(2) (meaning of certain terms) of the 1991 Act5;
“liability end date” has the meaning given in regulation 6;
“non-resident parent” has the meaning given in section 3(2) of the 1991 Act6;
“person with care” has the meaning given in section 3(3) of the 1991 Act;
“partner” has the meaning given in paragraph 10C(4) (references to various terms) of Schedule 1 (maintenance calculations) to the 1991 Act7;
“prescribed benefit” means a benefit prescribed by regulations made under paragraph 4(1)(c) (flat rate) of Schedule 1 to the 1991 Act;
“qualifying child” has the meaning given in section 3(1) of the 1991 Act8;
“the scheme” means the scheme prepared by the Secretary of State under regulation 3(1);
“transition period” has the meaning given in regulation 3(2).
3
For the purposes of these Regulations an existing case is related to an application made under section 4(1) (child support maintenance) or 7(1) (right of a child in Scotland to apply for assessment) of the 1991 Act if—
a
the non-resident parent in relation to that application is also the non-resident parent or absent parent in relation to the existing case and the person with care in relation to that application is not the person with care in relation to the existing case; or
b
the non-resident parent in relation to that application is a partner of a non-resident parent or absent parent and either or both are in receipt of a prescribed benefit.
Meaning of “interested parties”2
For the purposes of Schedule 5 to the 2008 Act “interested parties” means, in relation to an existing case—
a
the absent parent or the non-resident parent;
b
the person with care; and
c
in the case of an application made by a qualifying child under section 7(1) of the 1991 Act9, or a maintenance assessment or a maintenance calculation made in response to an application under that section, the child in question.
Scheme in relation to ending liability in existing cases3
1
The power under paragraph 1(1) of Schedule 5 to the 2008 Act (power to require the parties to an existing case to choose whether or not to stay in the statutory scheme) must be exercised in accordance with a scheme prepared by the Secretary of State.
2
The transition period during which the power in paragraph 1(1) of Schedule 5 to the 2008 Act may be exercised shall begin on the day on which these Regulations come into force.
3
The scheme prepared by the Secretary of State shall state the date on which the transition period ends.
4
The scheme may be revised from time to time by the Secretary of State.
Staging under the scheme4
1
The scheme prepared by the Secretary of State must make provision for the exercise of the power in paragraph 1(1) of Schedule 5 to the 2008 Act in stages, applying the principles in paragraphs (2) to (4).
2
Where an application is made under section 4(1) or 7(1) of the 1991 Act during the transition period the power is to be exercised in relation to any existing case that is related to that application.
3
The power is not to be exercised in relation to an existing case where the youngest, or only, qualifying child will have reached the age of 20 before the end of the transition period unless that case is related to an application referred to under paragraph (2).
4
Cases other than those to which either paragraphs (2) or (3) apply, are to be selected in tranches and, in making that selection priority may be given to cases where—
a
the nil rate is payable under regulation 26 (cases where child support maintenance is not to be payable) of the 1992 Regulations10;
b
regulation 28 (amount payable where absent parent is in receipt of income support or other prescribed benefit) of the 1992 Regulations11 applies;
c
the nil rate is payable under regulation 5 (nil rate) of the Child Support (Maintenance Calculations and Special Cases) Regulations 200012.
Exercise of the choice as to whether or not to stay in the statutory scheme5
1
The right to make a choice required under paragraph 1(1) of Schedule 5 to the 2008 Act must be exercised in accordance with this regulation.
2
An interested party must make a choice following receipt of written notice given by the Secretary of State.
3
The notice to the interested parties must specify—
a
the liability end date; and
b
the manner in which they are to exercise a choice to remain in the statutory scheme.
4
A party is taken to have received written notice in accordance with paragraph (2) on the second day after the notice is sent by post to that party’s last known or notified address.
5
A choice to remain in the statutory scheme must be made—
a
by way of an application to the Secretary of State for a maintenance calculation; and
b
before the liability end date.
6
The Secretary of State may require information to be provided in an application made under paragraph (5) and may do so despite such information having been notified for the purposes of the existing case.
7
The Secretary of State may withdraw a notice given under paragraph (2) where—
a
in the Secretary of State’s opinion the notice was given in error; and
b
the date of withdrawal is earlier than 30 days from the liability end date.
8
Where a decision is made under paragraph (7) the Secretary of State shall reimburse any application fee paid under regulations made under section 6(1) of the 2008 Act.
9
In paragraph (8), “application fee” means any fee payable to the Secretary of State by the person making an application for child support maintenance under section 4(1) or 7(1) of the 1991 Act.
Liability end date6
1
Subject to paragraph (2), the date determined for the purposes of paragraph 5(1) and (2) of Schedule 5 to the 2008 Act (beyond which no further liability accrues in relation to the case) is—
a
if an existing case is related to an application under section 4(1) or 7(1) of the 1991 Act13, the day falling 30 days after the date on which notice is given under regulation 5(2);
b
in any other case, a date specified by the Secretary of State which shall be no less than 180 days but no more than 272 days after which that notice is given.
2
Where an existing case becomes related to an application under section 4(1) or 7(1) of the 1991 Act after a notice has been given under regulation 5(2), the Secretary of State may revise the liability end date by issuing a further notice to the interested parties with a liability end date falling 30 days after such further notice is given.
3
Paragraph (1) shall not apply where the Secretary of State withdraws a notice under regulation 5(7).
Effect of an application exercising the choice to remain in the statutory scheme7
1
The 1991 Act and regulations made under that Act apply in relation to an application under regulation 5(5) as if it were an application made under section 4(1) or section 7(1) of that Act.
2
Subject to paragraph (3), the 1991 Act and regulations made under that Act apply in relation to a maintenance calculation made in response to an application under regulation 5(5) as if it were a maintenance calculation made in response to an application made under section 4(1) or section 7(1) of that Act.
3
Where an application under regulation 5(5) is made, the maintenance calculation made in response to that application is to be calculated by reference to the information applicable at the date the absent parent or non-resident parent is notified of that application but takes effect from the day after the liability end date.
4
Where an application under regulation 5(5) is made in any given case, in sections 31 (deduction from earnings orders) and 32A (orders for regular deductions from accounts) of the 1991 Act, references to “the maintenance calculation in question” and “the calculation” (or “the maintenance assessment in question” or “assessment” where applicable) apply in relation to that particular case to the maintenance calculation made in response to that application as though it were a continuation of the maintenance calculation (or maintenance assessment) for which liability ceased to accrue in accordance with regulation 614.
Treating applications for a maintenance assessment or for a maintenance calculation falling to be made under existing rules as withdrawn8
Where the power in paragraph 1(1) of Schedule 5 to the 2008 Act is exercised in relation to a case mentioned in paragraph 1(2)(b) or (d) of that Schedule (application for a maintenance assessment or for a maintenance calculation falling to be made under existing rules), if none of the interested parties exercises a choice to remain in the statutory scheme before the liability end date, the Secretary of State may treat that application as withdrawn.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)