The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012

PART 4 Savings and Transitional Provision

Saving where arrears-only case

11.—(1) Regulations 8, 10, 11 and 20 of the Collection and Enforcement Regulations continue to apply in relation to an arrears-only case, as they were in force immediately before the amendments made by regulation 4(3) to (6) come into force, until notice is given to the non-resident parent by the Secretary of State that the provisions of the Regulations as amended by regulation 4(3) to (6) apply to that case.

(2) Any notice given under paragraph (1) must be in writing and sent by post to the non-resident parent’s last known or notified address and will be treated as having been given on the second day following the day on which it is posted.

(3) For the purposes of this regulation any reference to a non-resident parent includes reference to an absent parent.

Transitional provision

12.—(1) Where, in any case, a deduction from earnings order was made before the date on which the Collection and Enforcement Regulations as amended by regulation 4(3) to (6) apply in relation to that case, this regulation shall apply in respect of that order.

(2) Where the deduction from earnings order still has effect immediately before regulation 4(3) to (6) comes into force in relation to that case—

(a) the order continues to take effect for the purposes of any deductions which are required to be made under the order until it is discharged or lapses;

(b) the Collection and Enforcement Regulations, as they were in force before the amendments made by regulation 4(3) to (6) came into force, continue to apply in relation to the order until it is discharged or lapses; and

(c) the order is to be treated as discharged, if it has not otherwise lapsed or been discharged, on the date that the first deduction from earnings order made under the Collection and Enforcement Regulations as amended by regulation 4(3) to (6) takes effect.