The Child Support (Collection and Enforcement) Regulations 1992

PART II E+W+S COLLECTION OF CHILD SUPPORT MAINTENANCE

Payment of child support maintenance E+W+S

2.—(1) Where a maintenance [F1 calculation] has been made under the Act and the case is one to which section 29 of the Act applies, the Secretary of State may specify that payments of child support maintenance shall be made by the liable person—

(a) to the person caring for the child or children in question or, where an application has been made under section 7 of the Act, to the child who made the application;

(b) to, or through, the Secretary of State; or

(c) to, or through, such other person as the Secretary of State may, from time to time, specify.

(2) In paragraph (1) and in the rest of this Part, “liable person” means a person liable to make payments of child support maintenance.

Textual Amendments

F1 Word in reg. 2(1) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(a) (with reg. 6)

Modifications etc. (not altering text)

C1 Reg. 2 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 2(3) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

Method of payment E+W+S

3.—(1) Payments of child support maintenance [F2 , penalty payments, interest and fees] shall be made by the liable person by whichever of the following methods the Secretary of State specifies as being appropriate in the circumstances—

(a) by standing order;

(b) by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;

(c) by an arrangement whereby one person gives his authority for payments to be made from an account of his, or on his behalf, to another person or to an account of that other person;

(d) by cheque or postal order;

(e) in cash.

[F3 (f) by debit card.]

[F4 (g) by credit card;

F5 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F6 (i) by deduction from earnings order.]

[F7 [F8 (1A) In paragraph (1)—

(a) “debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s bank or building society account is debited without deferment of payment;

(b) “credit card” means a card which is a credit-token within the meaning of section 14(1)(b) of the Consumer Credit Act 1974;

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

(2) The Secretary of State may direct a liable person to take all reasonable steps to open an account from which payments under the maintenance [F10 calculation] may be made in accordance with the method of payment specified under paragraph (1).

[F11 (3) Where the Secretary of State is considering specifying a deduction from earnings order by virtue of paragraph (1)(i), that method of payment is not to be used in any case where there is good reason not to use it.

(4) For the purposes of paragraph (3) the matters which are to be taken into account in determining whether there is good reason not to use that method of payment are whether the making of a deduction from earnings order is likely to result in the disclosure of the parentage of a child and the impact of that disclosure on—

(a) the liable person’s employment;

(b) any relationship between the liable person and a third party.

(5) For the purposes of paragraph (3) the circumstances in which good reason not to use that method of payment is to be regarded as existing are—

(a) a member of the liable person’s or parent with care’s family is employed by the same relevant employer as the liable person;

(b) that family member’s employment requires knowledge of the relevant employer’s functions in giving effect to the deduction from earnings order; and

(c) as a consequence of these circumstances the liable person’s employment status or family relationships may be adversely affected by the use of a deduction from earnings order as a method of payment.

(6) For the purposes of paragraph (3) the matters which are not to be taken into account in determining whether there is good reason not to use that method of payment are—

(a) the liable person’s preference for a different method of payment;

(b) the liable person’s preference for a relevant employer not to be informed about that parent’s maintenance liability;

(c) that a third party would become aware of the liable person’s maintenance liability,

unless they are relevant to any matter falling within paragraph (4) or circumstance falling within paragraph (5).

(7) Where the Secretary of State is considering specifying the method of payment set out in paragraph (1)(i) and decides that there is no good reason not to use it, that method is not to be specified until—

(a) the time within which an appeal against that decision may ordinarily be brought (including any period during which a further appeal may ordinarily be brought) has ended; or

(b) if an appeal is brought on the grounds set out in regulation 22(3A), the time at which proceedings on the appeal (including any proceedings on a further appeal) have been concluded.

(8) Nothing in this regulation is to prevent the Secretary of State exercising his powers under section 31 of the Act to make a deduction from earnings order where the Secretary of State considers it is appropriate in the circumstances of the case, unless he has specified a deduction from earnings order as a method of payment by virtue of paragraph (1)(i).

(9) In this regulation—

[F12 [F13 “couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together [F14 as if they were a married couple or civil partners];]]

“family” means partner, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, grand-parent, grand-child, uncle, aunt, nephew, niece, or if any of the preceding persons is one member of a couple, the other member of that couple;

“partner” means where a person is a member of a couple the other member of that couple; and

“relevant employer” means the employer of a liable person in respect of whom the order under section 31 of the Act would be made but for paragraph (3).]

Textual Amendments

F2 Words in reg. 3(1) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(b)(i) (with reg. 6)

F3 Reg. 3(1)(f) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(b)(ii) (with reg. 6)

F4 Reg. 3(1)(g)(h) added (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520) , regs. 1(1) , 3(2)(a)

F5 Reg. 3(1)(h) omitted (27.10.2008) by virtue of Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(a)(i)

F6 Reg. 3(1)(i) added (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(a)(ii)

F7 Reg. 3(1A) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(c) (with reg. 6)

F8 Reg. 3(1A) substituted (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520) , regs. 1(1) , 3(2)(b)

F9 Reg. 3(1A)(c) omitted (27.10.2008) by virtue of Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(b)

F10 Word in reg. 3(2) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(a) (with reg. 6)

F11 Reg. 3(3)-(9) added (27.10.2008) by Child Support (Miscellaneous Amendments) (No.2) Regulations 2008 (S.I. 2008/2544), regs. 1(1), 2(2)(c)

F12 Words in reg. 3(9) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107), art. 1(2), Sch. 1 para. 15

F13 Words in reg. 3(9) substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 6 para. 10

F14 Words in reg. 3(9) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 44

Modifications etc. (not altering text)

C2 Reg. 3 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 2(4) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

[F15 Payments to be scheduled over reference period E+W+S

4.— (1) The Secretary of State may, for the purposes of determining the frequency and amount of the payments of child support maintenance required to be made by a liable person—

(a) determine the total amount payable for the reference period on the assumption that the weekly rate of child support maintenance will not change over that period; and

(b) require that amount to be paid by equal instalments over that period at intervals determined by the Secretary of State.

(2) The reference period in relation to the maintenance calculation is, subject to paragraph (3), the period of 52 weeks mentioned in section 29(3A) of the Act beginning with—

(a) the initial effective date (where it is the first such period in relation to the maintenance calculation); or

(b) the review date.

(3) In this regulation “initial effective date” and “review date” have the meanings given by regulations 12 and 19 of the Child Support Maintenance Calculation Regulations 2012 respectively.]

Textual Amendments

F15 Reg. 4 (as amended by S.I. 1995/1045) substituted (10.12.2012 coming into force in accordance with reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 4(2)

Modifications etc. (not altering text)

C3 Reg. 4 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 2(5) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

Transmission of payments E+W+S

5.— [F16 (1) Payments of child support maintenance made through the Secretary of State or other specified person shall be transmitted to the person entitled to receive them–

(a) by transfer of credit to an account nominated by the person entitled to receive the payments; or

(b) by means other than by transfer of credit as determined by the Secretary of State, where it appears to the Secretary of State to be necessary to do so in the circumstances of the particular case.]

(2) [F17 Subject to paragraph (3), the Secretary of State] shall specify the interval by reference to which the payments referred to in paragraph (1) are to be transmitted to the person entitled to receive them.

[F18 (3) Except where the Secretary of State is satisfied in the circumstances of the case that it would cause undue hardship to either the person liable to make the payments or the person entitled to receive them, the interval referred to in paragraph (2) shall not differ from the interval referred to in regulation 4.

(4) Subject to paragraph (3) and regulation 4(2), the interval referred to in paragraph (2) and that referred to in regulation 4 may be varied from time to time by the Secretary of State.]

Textual Amendments

F16 Reg. 5(1) substituted (30.4.2012) by The Child Support (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/712), regs. 1(1), 2

F17 Words in reg. 5(2) substituted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 13(2)

F18 Reg. 5(3)(4) substituted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 13(3) (with reg. 64(5))

[F19 Voluntary Payments E+W+S

5A.— (1) Regulation 5(1) shall apply in relation to voluntary payments as if—

(a) for the words “Payment of child support maintenance” there were substituted the words “Voluntary payments”; and

(b) the words “or other specified person” were omitted.

(2) In determining when the Secretary of State shall transmit a voluntary payment to the person entitled to it, the Secretary of State shall have regard to the factor in regulation 4(2)(c).]

Textual Amendments

F19 Reg. 5A inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(d) (with reg. 6)

Representations about payment arrangements E+W+S

6.  The Secretary of State shall, insofar as is reasonably practicable, provide the liable person and the person entitled to receive the payments of child support maintenance with an opportunity to make representations with regard to the matters referred to in regulations 2 to 5 and the Secretary of State shall have regard to those representations in exercising his powers under those regulations.

Notice to liable person as to requirements about payment E+W+S

7.—(1)  [F20 In the case of child support maintenance,] the Secretary of State shall send the liable person a notice stating—

(a) the amount of child support maintenance payable;

(b) to whom it is to be paid;

(c) the method of payment; and

(d) the day and interval by reference to which payments are to be made.

[F21 (e) the amount of any payment of child support maintenance which is overdue and which remains outstanding.]

[F22 (1A) In the case of penalty payments, interest or fees, the Secretary of State 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 sections 16 and 20 of the Act.]

(2) A notice under paragraph (1) shall be sent to the liable person as soon as is reasonably practicable after—

(a) the making of a maintenance [F23 calculation], and

(b) after any change in the requirements referred to in any previous such notice.

[F24 (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.]

Textual Amendments

F20 Words in reg. 7(1) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(e)(i)(aa) (with reg. 6)

F21 Reg. 7(1)(e) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(e)(i)(bb) (with reg. 6)

F22 Reg. 7(1A) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(e)(ii) (with reg. 6)

F23 Word in reg. 7(2) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(a) (with reg. 6)

F24 Reg. 7(3) inserted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(3)(e)(iii) (with reg. 6)

Modifications etc. (not altering text)

C4 Reg. 7 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 2(6) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

C5 Reg. 7(1) modified (temp. until 22.5.2021) (7.11.2016) by The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016 (S.I. 2016/982), regs. 1(1), 3(2) (with reg. 1(2))