The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001
Made
Approved by resolution of the Assembly on
Coming into operation in accordance with regulation 1(2) and (3)
The Department for Social Development, in exercise of the powers conferred by Articles 28J(3), 29(2) and (3), 30(1) and (4), 31(8), 32(1) to (5) and (7) to (9), 34(1), 36, 37(11), 37A(11), 38(2), 38A(1) and (4), 44, 47 and 48(4) of the Child Support (Northern Ireland) Order 19911 and now vested in it2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 2001.
(2)
Regulations 3(8)(b), (19) and (22), 5(3) and 6 and, for the purposes of those provisions, this regulation, shall come into operation on 2nd April 2001 F1; and regulation 3(18) and, for the purposes of that provision, this regulation, shall come into operation on 31st May 2001 F2; and regulation 3(4)(a)(ii) shall, to the extent that that provision is not already in operation on 12th July 2006, come into operation on that date.
(3)
The remainder of these Regulations shall come into operation in relation to a particular case on the day on which sections 1(2) and (3), 4, 17(1) and (2) and 19(1) of, and paragraphs 11 and 24 of Schedule 3 to, the Act come into operation for the purposes of that type of case.
(4)
In these Regulations “the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 20003.
Amendment of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations2.
(1)
The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 19924 shall be amended in accordance with paragraphs (2) to (12).
(2)
In regulation 1(2) (interpretation)—
(a)
the definitions of “absent parent”, “due date”, “Maintenance Assessments and Special Cases Regulations” and “Maintenance Assessment Procedure Regulations” shall be omitted;
(b)
after the definition of “arrears notice” there shall be inserted the following definitions—
““Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations (Northern Ireland) 20015;
“non-resident parent” includes a person treated as such under regulation 8 of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 20016;”; and
(c)
in the definition of “relevant person” for “Maintenance Assessment Procedure Regulations” there shall be substituted “Maintenance Calculation Procedure Regulations”.
(3)
In Part II (arrears of child support maintenance and interest on arrears), in the heading “and interest on arrears” shall be omitted.
(4)
In regulation 2 (applicability of provisions as to arrears and interest and arrears notices)—
in paragraph (3)(b) “and interest” shall be omitted.
(5)
Regulations 37 (liability to make payments of interest with respect to arrears), 48 (circumstances in which no liability to pay interest arises), 69 (rate of interest and calculation of interest) and 710 (receipt and retention of interest paid) shall be omitted.
(6)
In regulation 5 (payment of arrears by agreement)—
in sub-paragraph (a) for “assessment” there shall be substituted “calculation” and “family credit or disability working allowance” shall be omitted; and
Amendment of the Child Support (Collection and Enforcement) Regulations3.
(1)
The Child Support (Collection and Enforcement) Regulations (Northern Ireland) 199217 shall be amended in accordance with paragraphs (2) to (22).
(2)
In regulation 1 (interpretation)—
(a)
in paragraph (2)—
(i)
after the definition of “the Order” there shall be inserted the following definition—
““interest” means interest which has become payable under Article 38 of the Order before its amendment by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;”, and
(ii)
after the definition of “liable person” there shall be inserted the following definition—
““voluntary payment” means a payment as defined in Article 28J of the Order18 and Regulations made under that Article.”;
(b)
after paragraph (2) there shall be inserted the following paragraph—
“(2A)
Except in relation to regulation 8(3)(a) and Schedule 2, “fee” means an assessment fee or a collection fee, which for these purposes have the same meaning as in the Child Support Fees Regulations (Northern Ireland) 199319 prior to their revocation by the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations (Northern Ireland) 200120.”; and
(c)
in paragraph (3)(b) for the words from “the second day” to the end there shall be substituted “the day that it is posted.”.
(3)
In regulation 2 (payment of child support maintenance) for “assessment” there shall be substituted “calculation”.
(4)
In regulation 3 (method of payment)—
(a)
in paragraph (1)—
(i)
after “child support maintenance” there shall be inserted “, penalty payments, interest and fees”;
(ii)
after sub-paragraph (e) there shall be added the following sub-paragraph—
in paragraph (2) for “assessment” there shall be substituted “calculation”.
(5)
After regulation 5 (transmission of payments) there shall be inserted the following regulation—
“Voluntary payments5A.
(1)
Regulation 5(1) shall apply in relation to voluntary payments as if—
(a)
for “Payments of child support maintenance” there were substituted “Voluntary payments”; and
(b)
“or other specified person” were omitted.
(2)
In determining when the Department shall transmit a voluntary payment to the person entitled to it, the Department shall have regard to the factor in regulation 4(2)(c)21.”.
(6)
In regulation 7 (notice to liable person as to requirements about payment)—
(a)
in paragraph (1)—
(i)
at the beginning there shall be inserted “In the case of child support maintenance,”;
(ii)
after sub-paragraph (d) there shall be added the following sub-paragraph—
“(e)
the amount of any payment of child support maintenance which is overdue and which remains outstanding.”;
(b)
after paragraph (1) there shall be inserted the following paragraph—
“(1A)
In the case of penalty payments, interest or fees, the Department shall send the liable person a notice stating—
(a)
the amount of child support maintenance payable;
(b)
the amount of arrears;
(c)
the amount of the penalty payment, interest or fees to be paid, as the case may be;
(d)
the method of payment;
(e)
the day by which payment is to be made; and
(f)
information as to the provisions of Articles 18 and 22 of the Order22.”;
(c)
in paragraph (2)(a) for “assessment” there shall be substituted “calculation”;
(d)
after paragraph (2) there shall be added the following paragraph—
“(3)
A notice under paragraph (1A) shall be sent to the liable person as soon as reasonably practicable after the decision to require a payment of the penalty payment, interest or fees has been made.”.
(7)
After Part II (collection of child support maintenance) there shall be inserted the following Part—
“Part IIACollection of Penalty Payments
Payment of a financial penalty7A.
(1)
This regulation applies where a maintenance calculation is, or has been, in force, the liable person is in arrears with payments of child support maintenance, and the Department requires the liable person to pay penalty payments to it.
(2)
For the purposes of regulation 7(1)(e)23 a payment will be overdue if it is not received by the time that the next payment of child support maintenance is due.
(3)
The Department may require a penalty payment to be made if the outstanding amount is not received within 7 days of the notification in regulation 7(1)(e) or if the liable person fails to pay all outstanding amounts due on dates and of amounts as agreed between the liable person and the Department.
(4)
Payments of a penalty payment shall be made within 14 days of the notification referred to in regulation 7(1A)24.
(5)
In this Part a “liable person” means a person liable to make a penalty payment and in Part II and this Part “penalty payment” is to be construed in accordance with Article 38A of the Order.”.
the definitions of “disposable income”, “exempt income”, “interim maintenance assessment”26, “prescribed minimum amount”, “protected earnings rate” and “protected income level” shall be omitted, and
(ii)
after the definition of “pay-day” there shall be added the following definition—
““protected earnings proportion” means the proportion referred to in regulation 11(2).”;
(b)
in paragraph (4)(b) at the end there shall be inserted “other than pay or allowances payable by his employer to him as a special member of a reserve force (within the meaning of the Reserve Forces Act 199627)”.
(9)
In regulation 9(e)28 (deduction from earnings orders) for “protected earnings rate” there shall be substituted “protected earnings proportion”.
In regulation 12 (amount to be deducted by employer)—
(a)
in paragraphs (2), (3) and (6) for “protected earnings rate” where it appears there shall be substituted “protected earnings proportion”; and
(b)
paragraph (5) shall be omitted.
(13)
In regulation 17(1)32 (requirement to review deduction from earnings order)—
(a)
in sub-paragraph (a) for “assessment” there shall be substituted “calculation”; and
(b)
in sub-paragraph (b) for “and interest on arrears” there shall be substituted “, penalty payment, interest or fees”.
(14)
In regulation 20(1)(f)33 (discharge of deduction from earnings orders) for “an interim maintenance assessment” there shall be substituted “a default or interim maintenance decision” and for “maintenance assessment” there shall be substituted “maintenance calculation”.
(15)
In regulation 21(6) (lapse of deduction from earnings orders) “or (5)” shall be omitted.
(16)
In regulation 24 (priority as between orders)—
(a)
paragraph (1) shall be omitted; and
(b)
in paragraph (2)—
(i)
for “one or more deduction from earnings orders” there shall be substituted “a deduction from earnings order”;
(ii)
in sub-paragraph (a) “or orders” wherever it appears shall be omitted;
(iii)
in sub-paragraph (b) for the words from “order,” to the end there shall be substituted—
“order—
(i)
deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with;
(ii)
deal with any later order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of any deduction to comply with any earlier order.”.
(17)
In regulation 26(2) (notice of intention to apply for a liability order) for “in respect of arrears payable under Article 38(3) of the Order” there shall be substituted “, penalty payments or fees which have become payable and have not been paid”.
(18)
In regulation 29 (application for warrant of commitment)—
(a)
in paragraphs (1) and (4) for “37” there shall be substituted “36A34”; and
(b)
in paragraph (3) for “Article 37” there shall be substituted “Articles 36A and 37”.
(19)
After regulation 30 (warrant of commitment) there shall be added the following regulation—
“Disqualification from driving order31.
(1)
For the purposes of enabling an inquiry to be made under Article 36A of the Order as to the liable person’s livelihood, means and conduct, a justice of the peace having jurisdiction for the area in which the liable person resides may issue a summons to him to appear before a court of summary jurisdiction and to produce any driving licence held by him, and, where applicable, its counterpart, and, if he does not appear, may issue a warrant for his arrest.
(2)
In any proceedings under Articles 36A and 37A of the Order35, a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed for or on behalf of his employer, shall be evidence of the facts there stated.
(3)
Where an application under Article 36A of the Order has been made but no disqualification order is made, the application may be renewed on the ground that the circumstances of the liable person have changed.
(4)
A disqualification order shall be in the form prescribed in Schedule 3.
(5)
The amount to be included in the disqualification order under Article 37A(3)(b) of the Order in respect of the costs shall be such amount as in the view of the court is equal to the costs reasonably incurred by the Department in respect of the costs of the application for the disqualification order.
(6)
An order made under Article 37A of the Order may be executed anywhere in Northern Ireland by any constable, if the liable person fails to produce or surrender his driving licence or its counterpart to the court.
(7)
An order under Article 37A of the Order may be executed by a constable notwithstanding that it is not in his possession at the time but such order shall, if demanded, be shown to the liable person as soon as reasonably practicable.
(8)
In this regulation “driving licence” means a licence to drive a motor vehicle granted under Part II of the Road Traffic (Northern Ireland) Order 198136.”.
(20)
In Schedule 1 after “interest ” there shall be inserted—
“penalty payments
fees ”.
(21)
In Schedule 2 after “interest,” there shall be inserted “penalty payments, fees,”.
(22)
After Schedule 2 there shall be inserted as Schedule 3, the Schedule as set out in the Schedule to these Regulations.
Amendment of the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations4.
(1)
The Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations (Northern Ireland) 199237 shall be amended in accordance with paragraphs (2) to (4).
(2)
In regulations 2(b) (periodical payments and categories of person prescribed for the purposes of Article 30 of the Order) and 3 (collection and enforcement) for “assessment” wherever it appears there shall be substituted “calculation”.
(3)
In regulation 3 (collection and enforcement) for “37” there shall be substituted “37A”.
(4)
In regulation 4 (collection and enforcement—supplementary) for “absent parent” there shall be substituted “non-resident parent”.
Where in respect of a particular case after the date that these Regulations come into operation with respect to that type of case an adjustment falls to be made in relation to a maintenance assessment, these Regulations shall not apply for the purposes of making the adjustment.
(3)
Where, before the coming into operation of regulation 6, fees have become due but have not been paid, the Child Support Fees Regulations (Northern Ireland) 199338 shall have effect as if regulation 6 of these Regulations had not been made.
Revocation6.
The Child Support Fees Regulations (Northern Ireland) 1993 are hereby revoked.
Sealed with the Official Seal of the Department for Social Development on 23rd January 2001.
John O'Neill
Senior Officer of the
Department for Social Development
SCHEDULESchedule to be inserted into the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 as Schedule 3 to those Regulations
Regulation 3(22)
“SCHEDULE 3Form of Order of Disqualification for Holding or Obtaining a Driving Licence
Regulation 31(4)
Articles 36A and 37A of the Child Support (Northern Ireland) Order 1991 and regulation 31 of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992”
(This note is not part of the Regulations.)
These Regulations amend the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 (“the Arrears, Interest and Adjustment Regulations”), the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 (“the Collection and Enforcement Regulations”), the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations (Northern Ireland) 1992 (“the Collection and Enforcement of Other Forms of Maintenance Regulations”) and revoke, with savings provisions, the Child Support Fees Regulations (Northern Ireland) 1993 (“the Fees Regulations”). The amendments reflect amendments made to the Child Support (Northern Ireland) Order 1991 (“the Order”) by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the Act”).
Regulation 1 deals with citation, commencement and interpretation. Apart from regulations 3(8)(b), (19) and (22), 5(3) and 6 which come into operation on 2nd April 2001, these Regulations come into operation at different times for different cases according to the dates on which provisions of the Act which are relevant to these Regulations are commenced for different types of cases.
Regulation 2 amends the Arrears, Interest and Adjustment Regulations to reflect changes in terminology and other amendments to the Order.
Regulation 3(2) amends the Collection and Enforcement Regulations to include definitions of terms and to provide for any document or notice to be treated as having been given or sent on the day it is posted.
Regulation 3(3) to (6), (17), (20) and (21) makes various amendments to the Collection and Enforcement Regulations to reflect changes in terminology in the Order, changes to the method of collecting fees and methods of payment, the introduction into the Order of the ability to make voluntary payments in the period before a maintenance calculation is made, and the introduction into the Order of a system of penalty payments.
Regulation 3(7) inserts Part IIA into the Collection and Enforcement Regulations to provide for the collection of penalty payments.
Regulation 3(8) to (16) makes amendments to the Collection and Enforcement Regulations to reflect changes in the Order relating to deduction from earnings orders and to reflect changes in terminology and provisions dealing with the collection of interest, fees and penalty payments. Provision is also made to include in the definition of “earnings”, subject to a deduction from earnings order, payment or allowances received from a civilian employer while serving as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996).
Regulation 3(19) inserts regulation 31 into the Collection and Enforcement Regulations, which makes provision in relation to disqualification from driving orders. The regulation provides for the procedures to be followed on the making of such orders.
Regulation 3(22) inserts the Schedule to these Regulations into the Collection and Enforcement Regulations. The new Schedule 3 prescribes the form of order of disqualification for holding or obtaining a driving licence.
Regulation 4 amends the Collection and Enforcement of Other Forms of Maintenance Regulations to reflect changes in terminology.
Regulation 5 provides for savings. Regulation 5(1) saves the Arrears, Interest and Adjustment Regulations for cases where interest has become due, but has not been paid, prior to the coming into operation of these Regulations. Regulation 5(3) saves the Fees Regulations for cases where fees have become payable, but have not been paid, prior to the coming into operation of these Regulations.
Regulation 6 revokes the Fees Regulations.
Articles 28J(3), 37A(11) and 38(1) and (4) of the Order are some of the enabling provisions under which these Regulations are made. They are inserted or substituted respectively by sections 19, 16(3) and 17(2) of the Act. Sections 17 and 19 of the Act were brought into operation for the purpose only of making of making regulations, on 22nd November 2000 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000 (S.R. 2000 No. 358 (C. 16)). Section 16 of the Act is brought into operation, in so far as not already in operation, on 2nd April 2001 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 3) Order (Northern Ireland) 2000 (S.R. 2000 No. 406 (C. 21)).
The impact on business of these Regulations was covered in the Regulatory Impact Assessment relating to the Act, in accordance with, and in consequence of which these Regulations are made. A copy of that Assessment may be obtained free of charge, from Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast BT4 3SQ.
