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

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[F1PART 4BE+W+SWrite Off of Arrears

Textual Amendments

F1Part 4A - 4B inserted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 2(3)

Amounts owed to different persons to be treated separatelyE+W+S

13F.  Where the arrears of child support maintenance for which a person is liable comprise amounts that have accrued in respect of—

(a)separate applications for a maintenance calculation; or

(b)one application, but would, if recovered, be payable to different persons,

those amounts are to be treated as separate amounts of arrears for the purpose of exercising the power under section 41E(1) of the 1991 Act.

Circumstances in which the Secretary of State may exercise the power in section 41E of the 1991 ActE+W+S

13G.  The circumstances of the case specified for the purposes of section 41E(1)(a) of the 1991 Act are that—

(a)the person with care has requested under section 4(5) of that Act that the Secretary of State ceases to act in respect of the arrears;

(b)a child in Scotland has requested under section 7(6) of that Act that the Secretary of State ceases to act in respect of the arrears;

(c)the person with care, or (in Scotland) the child, has died;

(d)the non-resident parent died before 25 January 2010 or there is no further action that can be taken with regard to recovery of the arrears from the non-resident parent’s estate under Part 4;

(e)the arrears relate to liability for child support maintenance for any period in respect of which an interim maintenance assessment was in force between 5 April 1993 and 18 April 1995; F2...

(f)the non-resident parent has been informed by the Secretary of State that no further action would ever be taken to recover those arrears.

[F3(g)the arrears relate to liability for child support maintenance accrued under a 1993 or 2003 scheme case and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Secretary of State under regulation 13H(1), or, where the arrears fall within regulations 13K(1)(a), (b) or (d), 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;

(h)the arrears relate to liability for child support maintenance accrued under a 1993 or 2003 scheme case which has transferred from the Child Support Agency system to the Child Maintenance Service system and the non-resident parent has failed to make any payments of child support maintenance within the 3 month period which precedes the date of the written notice sent by the Secretary of State under regulation 13H(1), or, where the arrears fall within regulations 13K(2)(a) or (b), 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; F4...

(i)the arrears relate to sequestrated debt in Scotland for a 1993, 2003 or 2012 scheme case once the trustee administering the sequestration has confirmed that the period of sequestration has ended; F5...]

[F6(j)the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 2016 (protected trust deed: discharge of debtor) from liability for the arrears][F7;

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

(i)a maintenance calculation 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);

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

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

(ii)the arrears are less than £7, and

(iii)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); 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,

(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,

(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).]

Textual Amendments

Secretary of State required to give noticeE+W+S

13H.—(1) Where the Secretary of State is considering exercising the powers under section 41E(1) of the 1991 Act, the Secretary of State must send written notice to the person with care or, where relevant, a child in Scotland and the non-resident parent.

[F8(1A) Where the arrears fall within regulation 13(K)(1)(c) or (e) or (2)(c) the requirement under paragraph (1) to send written notice to the non-resident parent only applies where the Secretary of State receives written representations within the period of 60 days beginning with the date the notice is received by the person with care or, where relevant, a child in Scotland.]

(2) The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died [F9or the arrears fall within regulations 13G(i)[F10, 13G(j)], [F1113G(k), 13G(l),] 13K(1)(a), 13K(1)(b), 13K(1)(d), 13K(2)(a) or 13K(2)(b)].

(3) The notice must—

(a)specify the person with care or, where relevant, a child in Scotland, in respect of whom liability in respect of arrears of child support maintenance has accrued;

(b)specify the amount of the arrears [F12except where the arrears fall within regulation 13K(1)(c)] and the period of liability to which the arrears relate [F13except where the arrears fall within regulation 13K(1)(c) or (e) or (2)(c)];

(c)state why it appears to the Secretary of State that it would be unfair or inappropriate to enforce liability in respect of the arrears;

(d)[F14subject to paragraph 3(da)] advise the person that they may make representations, within 30 days of receiving the notice, to the Secretary of State as to whether the liability in respect of the arrears should be extinguished;F15...

[F16(da)where the arrears fall within regulation 13K(1)(c) or (e) or (2)(c)—

(i)advise the person with care or, where relevant, a child in Scotland that they may make written representations as to whether the liability in respect of the arrears should be extinguished, and that any such representations must be sent by post[F17, or electronic communication in accordance with Schedule 1,] to the Secretary of State within the period of 60 days beginning with the date the notice is received;

(ii)where a notice is sent to the non-resident parent in accordance with paragraph (1A), advise the non-resident parent that they may make written representations which must be sent by post[F18, or electronic communication in accordance with Schedule 1,] to the Secretary of State within the period of 21 days beginning with the date the notice is received; and]

(e)explain the effect of any decision to extinguish liability in respect of any arrears of child support maintenance under section 41E(1) of the 1991 Act.

(4) [F19Subject to paragraph 4A, if] no representations are received by the Secretary of State within 30 days of the notice being received by the person with care or, where relevant, a child in Scotland and the non-resident parent, the Secretary of State may make the decision to extinguish the arrears.

[F20(4a) Where any of the conditions of write off mentioned in regulation 13K(1)(c) or (e) or (2)(c) apply, if no written representations are received by the Secretary of State within the period of 60 days beginning with the date the notice is received by the person with care or, where relevant, a child in Scotland, the Secretary of State may make the decision to extinguish the arrears.]

(5) For the purposes of this regulation, where the Secretary of State sends any written notice by post to a person’s last known or notified [F21postal address] that document is treated as having been received by that person on the second day following the day on which it is posted.

[F22(6) For the purposes of this regulation, where the Secretary of State sends any written notification by electronic communication to a person’s last known or notified address for electronic communication, that document is treated as having been received by that person at the end of the first day after the day it was sent.]

Textual Amendments

Secretary of State to take account of the parties’ viewsE+W+S

13I.  Where the Secretary of State receives representations within the 30 day period referred to in regulation 13H(3)(d) [F23or within the 60 day period referred to in regulation 13H(3)(da)(i) or within the 21 day period referred to in regulation 13H(3)(da)(ii)], the Secretary of State must take account of those representations in making a decision under section 41E(1) of the 1991 Act.

Textual Amendments

Notification of decision to write offE+W+S

13J.—(1) On making a decision under section 41E(1) of the 1991 Act, the Secretary of State must send written notification to the non-resident parent and the person with care or, where relevant, a child in Scotland, of that decision.

(2) The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died [F24or where the arrears fall within [F25regulations 13G(k) or (l) or 13K(1)(a) or (2)(a)] or where the arrears fall within regulation 13K(1)(c) or (e) or (2)(c) and the Secretary of State has not received written representations by post[F26, or electronic communication in accordance with Schedule 1,] from the person with care or, where relevant, a child in Scotland, within the 60 day period referred to in regulation 13H(3)(da)].

Textual Amendments

[F27Conditions of write offE+W+S

13K.—(1) The arrears mentioned above are—

(a)the arrears are less than £65;

(b)the effective date of the maintenance assessment or maintenance calculation was on or before 1st November 2008 and the arrears are £1,000 or less;

(c)the effective date of the maintenance assessment or maintenance calculation was on or before 1st November 2008 and the arrears are over £1,000;

(d)the effective date of the maintenance calculation was after 1st November 2008 and the arrears are £500 or less; or

(e)the effective date of the maintenance calculation was after 1st November 2008 and the arrears are over £500.

(2) The arrears mentioned above are—

(a)the arrears are less than £65; or

(b)the arrears are £500 or less; or

(c)the arrears are over £500.]]

Textual Amendments

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