The Child Support (Management of Payments and Arrears and Fees) (Amendment) Regulations 2024

PART 1 Introduction

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Child Support (Management of Payments and Arrears and Fees) (Amendment) Regulations 2024.

(2) These Regulations come into force on 26th February 2024.

(3) These Regulations extend to England and Wales and Scotland.

PART 2 The Child Support (Management of Payments and Arrears) Regulations 2009

Interpretation

2.  In this Part “ the 2009 Regulations” means the Child Support (Management of Payments and Arrears) Regulations 2009(1).

Amendment of the 2009 Regulations

3.  The 2009 Regulations are amended in accordance with regulations 4 to 6.

Amendment to regulation 13G (circumstances in which the Secretary of State may exercise the power in section 41E of the 1991 Act)

4.  In regulation 13G—

(a) omit the “or” after paragraph (i);

(b) at the end of paragraph (j) insert—

“;

(k)

the arrears relate to liability for child support maintenance accrued under a 2012 scheme case(2) where all of the following apply—

(i)

a maintenance calculation(3) has ceased to have effect under one or more of the following provisions of the 1991 Act—

(aa)

section 4(5) and (6) (a person who requested a maintenance calculation requests the Secretary of State to cease acting)(4);

(bb)

section 7(6) and (7) (child in Scotland who requested a maintenance calculation requests the Secretary of State to cease acting)(5);

(cc)

Schedule 1, paragraph 16(1) (termination of calculations)(6),

(ii)

the arrears are less than £7, and

(iii)

the non-resident parent(7) has failed to make any payments within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act (power to write off arrears)(8); or

(l)

the arrears relate to liability for child support maintenance accrued under a 2012 scheme case where all of the following apply—

(i)

the Secretary of State does not have jurisdiction to make a maintenance calculation under section 44 of the 1991 Act(9),

(ii)

as a result of sub-paragraph (i), the Secretary of State has made a supersession decision under section 17(1) of the 1991 Act(10),

(iii)

the arrears are less than £7, and

(iv)

the non-resident parent has failed to make any payments within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act (power to write off arrears).”.

Amendment to regulation 13H (Secretary of State required to give notice)

5.  In regulation 13H, in paragraph (2) (Secretary of State required to give notice: exceptions), after “13G(j),”, insert “13G(k), 13G(l),”.

Amendment to regulation 13J (notification of decision to write off)

6.  In regulation 13J, in paragraph (2) (notification of decision to write off: exceptions), for “regulation 13K(1)(a) or (2)(a)” substitute “regulations 13G(k) or (l) or 13K(1)(a) or (2)(a)”.

PART 3 The Child Support Fees Regulations 2014

Omission of Part 2

7.  Omit Part 2 (application fee) of the Child Support Fees Regulations 2014(11).

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

Younger

Parliamentary Under Secretary of State

Department for Work and Pensions

23rd January 2024