The Child Support (Collection and Enforcement) Regulations 1992

[F1InformationE+W+S

25O.—(1)  A deposit-taker at which a lump sum deduction order is directed must supply to the [F2Secretary of State] in writing, within 7 days—

(a)of a copy of the order or order as varied being served; or

(b)of notification being received by the deposit-taker that an order has been revived,

the information set out in paragraph (2).

(2) The information is—

(a)if the account specified in the order—

(i)does not exist,

(ii)cannot be traced, or

(iii)has been closed;

(b)whether the amount standing to the credit of the account specified in the order—

(i)on the day the order is served, or

(ii)where an order is revived, on the day the decision to revive the order takes effect,

is at least the same or less than the amount specified in the order and where it is less, that amount; and

(c)where the name of the liable person specified in the order is different to the name in which the account specified in the order is held—

(i)whether the account was previously held in the name of the liable person specified in the order, and

(ii)if so, the new name in which the account is held,

only where the liable person named in the order is the same person as the person in whose name the account specified in the order is held.

(3)  A deposit-taker at which a lump sum deduction order is directed must notify the [F3Secretary of State] within 7 days of notification being received that an order has lapsed or has been discharged—

(a)if the account specified in the order cannot be traced; or

(b)where the name of the liable person specified in the order is different to the name in which the account specified in the order is held—

(i)whether the account was previously held in the name of the liable person specified in the order, and

(ii)if so, the new name in which the account is held,

only where the liable person named in the order is the same person as the person in whose name the account specified in the order is held.

(4)  A deposit-taker at which a lump sum deduction order is directed, must supply to the [F3Secretary of State] within 7 days of receipt of a request being made by the [F3Secretary of State], the following information—

(a)whether the liable person holds another account or has opened an account with that deposit-taker or with another deposit-taker and, if so, the details of that account, including—

(i)the number and sort code of that account, and

(ii)the type of account; and

(b)whether the amount standing to the credit of the account specified in the order on the day the request is received is at least the same or less than the amount specified in the order or the remaining amount and where it is less, that amount.

(5)  In so far as a deposit-taker at which a lump sum deduction order is directed (“A”) has the information, the details of an account held with another deposit-taker (“B”) must be supplied to the [F4Secretary of State] in accordance with paragraph (4) only if—

(a)the liable person has—

(i)closed the account specified in the order and held with A,

(ii)opened an account with B, and

(iii)transferred the amount standing to the credit of the account held with A to the account held with B;

(b)either—

(i)a lump sum deduction order has lapsed, or

(ii) A has notified the [F4Secretary of State] in accordance with paragraph (2)(a)(iii), that the account specified in the order has been closed; and

(c) the [F4Secretary of State] has made a request for the information within 1 month of the order lapsing or, as the case may be, notification being received by the [F4Secretary of State] that the account has been closed.

[F5(5A) A deposit-taker at which a lump sum deduction order is directed must within 7 days of changing the name of an account-holder, beginning with the day on which the deposit-taker changes that name, notify the Secretary of State of the old name of the account-holder and the new name of that account-holder, if the order is—

(a)made in respect of a joint account; and

(b)in force at any time during that 7 day period.]

(6) The requirements of paragraphs (1) to (3) and paragraph (4) as it applies to a deposit-taker at which a lump sum deduction order is directed, apply only in so far as the deposit-taker has the information or can reasonably be expected to acquire it.

(7)  In paragraph (4)(b) and regulation 25T(1)(b) and (c) “remaining amount” has the same meaning as in section 32H(6) of the Act. ]

Textual Amendments