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The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016

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Citation, commencement and cessation

1.—(1) These Regulations may be cited as the Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016 and come into force on 7th November 2016.

(2) Regulations 2, 3, 4 and 6 cease to have effect on 22nd May 2021, and the Child Support (Collection and Enforcement) Regulations 1992(1) apply thereafter as if the amendments made to them by regulation 2 had not been made.

Amendment of the Child Support (Collection and Enforcement) Regulations 1992

2.  In regulation 20(1)(2) of the Child Support (Collection and Enforcement) Regulations 1992 (discharge of deductions from earnings orders) insert after sub-paragraph (g)—

; or

(h)it is appropriate to discharge the order in a case where liability has ceased to accrue under the maintenance assessment or maintenance calculation in respect of which the order is made because the power under paragraph 1(1) of Schedule 5 to the Child Maintenance and Other Payments Act 2008 (power to require a decision about whether to stay in the statutory scheme) has been exercised in relation to the case..

Modification of the Child Support (Collection and Enforcement) Regulations 1992

3.—(1) The Child Support (Collection and Enforcement) Regulations 1992 are modified as follows in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991(3) (calculation of weekly amount of child support maintenance) as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (calculation by reference to gross weekly income).

(2) Regulation 7(1) (notice to liable person as to requirements about payment) has effect as if—

(a)in sub-paragraph (e) after “child support maintenance” there were inserted “calculated in accordance with Part 1 of Schedule 1 to the Act as amended by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (“the new scheme rules”);

(b)after sub-paragraph (e) there were inserted—

and

(f)the amount of any payment of child support maintenance calculated otherwise than in accordance with the new scheme rules which is overdue and which remains outstanding (“the old scheme arrears”), where the old scheme arrears have been transferred to the computer system on which cases where child support maintenance is calculated under the new scheme rules are administered by the Secretary of State..

(3) The Child Support (Collection and Enforcement) Regulations 1992 have effect as if after Part IV (liability orders) there were inserted—

Part VSegment 5 cases

Modifications in relation to certain segment 5 cases

36.(1) These Regulations have effect with the following modifications in relation to a case where—

(a)the person with care, non-resident parent and qualifying child were the person with care, non-resident parent or absent parent and qualifying child in relation to an existing case (“the previous case”) where—

(i)notice has been given under regulation 5(2) of the Ending Liability Regulations (exercise of choice as to whether or not to stay in the statutory scheme) specifying a liability end date determined in accordance with regulation 6(1)(b) of those Regulations(4);

(ii)on the date on which the notice was printed by the Secretary of State the case was a segment 5 case (which has the meaning given in the scheme prepared by the Secretary of State under regulation 3(1) of the Ending Liability Regulations (as revised from time to time)(5)); and

(iii)the notice was sent on or after 23rd May 2016; and

(b)an application for a maintenance calculation is made before the liability end date in the previous case.

(2) Regulation 3 (method of payment) has effect as if—

(a)paragraphs (3) to (8) were omitted;

(b)in paragraph (9) the definitions of “family” and “relevant employer” were omitted.

(3) Regulation 4(1)(b) (payments to be scheduled over reference period) has effect as if the word “equal” were omitted.

(4) Regulation 20 (discharge of deduction from earnings orders) has effect as if—

(a)in paragraph (1) after “(1A)(6)” there were substituted “or (1B)”;

(b)in paragraph (1) after sub-paragraph (h) there were inserted—

; or

(i)the liable person receives any benefit prescribed under paragraph 4(1)(b) of Schedule 1 to the Act for the purposes of paragraph 4 of that Schedule(7);

(c)after paragraph (1A) there were inserted—

(1B) This paragraph applies where—

(a)the Secretary of State has specified that a portion of the child support maintenance payable is to be paid by a method of payment listed in regulation 3(1)(a) to (g);

(b)the liable person has made payments by the method specified for such period as the Secretary of State considers appropriate in the circumstances of the case; and

(c)the Secretary of State considers it is reasonable to discharge the order in the circumstances of the case..

(5) In regulation 22 (appeals against deduction from earnings orders)—

(a)in paragraph (2), omit “subject to paragraph (2A),”;

(b)omit paragraphs (2A), (3A) and (5);

(c)in paragraph (3), omit “subject to paragraph (3A),”;

(d)in paragraph (4), omit “subject to paragraph (5),”.

(6) In this regulation—

“absent parent” has the meaning given in section 3(2) (meaning of certain terms) of the 1991 Act;

“the Ending Liability Regulations” means the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014(8);

“existing case” has the meaning given in paragraph 1(2) of Schedule 5 to the Child Maintenance and Other Payments Act 2008 (maintenance calculations: transfer of cases to the new rules);

“liability end date” has the meaning given in regulation 6 (liability end date) of the Ending Liability Regulations..

Amendment of the Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012

4.—(1) The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012(9) are amended as follows.

(2) In regulation 12(2) (transitional provision), for sub-paragraph (c), substitute—

(c)the order is to be treated as discharged, if it has not otherwise lapsed or been discharged, either—

(i)in a case where there are old scheme arrears, on the date on which the old scheme arrears have been transferred to the computer system on which cases where child support maintenance calculated under the new scheme rules are administered by the Secretary of State, or

(ii)in a case where there are no old scheme arrears, on the date on which the first deduction from earnings order made under the Collection and Enforcement Regulations as amended by regulation 4(3) to (6) takes effect..

(3) After regulation 12(2), insert—

(3) In this regulation—

“calculated under the new scheme rules” means calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as amended by paragraph 2 of Schedule 4 to the 2008 Act;

“old scheme arrears” means the amount of child support maintenance calculated other that in accordance with the new scheme rules which is overdue and which remains outstanding..

Amendment of the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014

5.  In regulation 6(1)(b) (liability end date) of the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014, for “272” substitute “200”.

Application of section 29(4) to (7) of the Child Support Act 1991 in certain cases

6.—(1) Section 29(4) to (7) of the Child Support Act 1991(10) (collection of child support maintenance) does not apply to a case where—

(a)the person with care, non-resident parent and qualifying child were the person with care, non-resident parent or absent parent and qualifying child in relation to an existing case (“the previous case”) where—

(i)notice has been given under regulation 5(2) of the Ending Liability Regulations specifying a liability end date determined in accordance with regulation 6(1)(b) of those Regulations;

(ii)on the date on which the notice was printed by the Secretary of State the case was a segment 5 case (which has the meaning given in the scheme prepared by the Secretary of State under regulation 3(1) of the Ending Liability Regulations (as revised from time to time));

(iii)the notice was sent on or after 23rd May 2016; and

(b)an application for a maintenance calculation is made before the liability end date in the previous case.

(2) In this regulation—

“absent parent” has the meaning given in section 3(2) (meaning of certain terms) of the 1991 Act;

“the Ending Liability Regulations” means the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014;

“existing case” has the meaning given in paragraph 1(2) of Schedule 5 to the Child Maintenance and Other Payments Act 2008 (maintenance calculations: transfer of cases to the new rules);

“liability end date” has the meaning given in regulation 6 (liability end date) of the Ending Liability Regulations.

Signed by authority of the Secretary of State for Work and Pensions

Caroline Nokes

Parliamentary Under Secretary of State,

Department for Work and Pensions

10th October 2016

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