The Child Support (Collection and Enforcement) Regulations 1992

• Citation: S.I. 1992/1989
• Sections: 87

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Child Support (Collection and Enforcement) Regulations 1992 and shall come into force on 5th April 1993.

(2) In these Regulations—

“ the Act ” means the Child Support Act 1991;

“the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000;

“ electronic communication ” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;

“interest” means interest which has become payable under section 41 of the Act before its amendment by the 2000 Act ; and

“voluntary payment” means a payment as defined in section 28J of the Act and Regulations made under that section.

(2A) Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations “fee” means an assessment fee or a collection fee, which for these purposes have the same meaning as in the Child Support Fees Regulations 1992 prior to their revocation by the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000.

(3) Where under any provision of the Act or of these Regulations—

(a) any document or notice is given or sent to the Secretary of State, it shall be treated as having been given or sent on the day it is received by the Secretary of State; ...

(b) any document or notice is given or sent to any other person, it shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the day that it is posted ; and

(c) any document or notice is given or sent to any other person, it shall, if sent by electronic communication, be treated as having been given or sent at the end of the first day after the day it was sent.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered Part is to the Part of these Regulations bearing that number;

(b) to a numbered regulation is to the regulation in these Regulations bearing that number;

(c) in a regulation to a numbered or lettered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number or letter;

(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number;

(e) to a numbered Schedule is to the Schedule to these Regulations bearing that number.

Section 1A Use of electronic communications

Schedule A1 makes provision for the use of electronic communications.

Section 2 Payment of child support maintenance

(1) Where a maintenance 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.

Section 3 Method of payment

(1) Payments of child support maintenance , 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.

(f) by debit card.

(g) by credit card;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) by deduction from earnings order.

(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;

(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 calculation may be made in accordance with the method of payment specified under paragraph (1).

(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—

“couple” means—

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

two people who are not married to, or civil partners of, each other but are living together 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).

Section 4 Payments to be scheduled over reference period

(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.

Section 5 Transmission of payments

(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) 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.

(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.

Section 5A Voluntary Payments

(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).

Section 6 Representations about payment arrangements

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.

Section 7 Notice to liable person as to requirements about payment

(1) 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.

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

(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 calculation , and

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

(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.

Section 7A Payment of a financial penalty

(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 Secretary of State requires the liable person to pay penalty payments to him.

(2) For the purposes of regulation 7(1)(e) 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 Secretary of State 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 Secretary of State.

(4) Payments of a penalty payment shall be made within 14 days of the notification referred to in regulation 7(1A).

(5) In this Part a “liable person” means a person liable to make a penalty payment and in Part II and in this Part “penalty payment” is to be construed in accordance with section 41A of the Act .

Section 8 Interpretation of this Part

(1) For the purposes of this Part—

“defective” means in relation to a deduction from earnings order that it does not comply with the requirements of regulations 9 to 11 and such failure to comply has made it impracticable for the employer to comply with his obligations under the Act and these Regulations;

“disposable income” means the amount determined under regulation 12(1)(a) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;

“earnings” shall be construed in accordance with paragraphs (3) and (4);

“exempt income” means the amount determined under regulation 9 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992;

“interim maintenance assessment” means a Category A, Category B, Category C or Category D interim maintenance assessment within the meaning of regulation 8(3) of the Child Support (Maintenance Assessment Procedure) Regulations 1992;

“net earnings” shall be construed in accordance with paragraph (5);

“normal deduction rate” means the rate specified in a deduction from earnings order (expressed as a sum of money per month and the equivalent of that sum for a 1, 2 and 4 week period ) at which deductions are to be made from the liable person’s net earnings;

“pay-day” in relation to a liable person means an occasion on which earnings are paid to him or the day on which such earnings would normally fall to be paid;

“protected earnings proportion” means the proportion referred to in regulation 11(2).

“prescribed minimum amount” means the minimum amount prescribed in regulation 13 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992;

“protected earnings rate” means the level of earnings specified in a deduction from earnings order (expressed as a sum of money per week, month or other period) below which deductions of child support maintenance shall not be made for the purposes of this Part;

“protected income level” means the level of protected income determined in accordance with paragraphs (1) to (5) of regulation 11 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.

(2) For the purposes of this Part the relationship of employer and employee shall be treated as subsisting between two persons if one of them, as a principal and not as a servant or agent, pays to the other any sum defined as earnings under paragraph (1) and “employment”, “employer” and “employee” shall be construed accordingly.

(3) Subject to paragraph (4), “earnings” are any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service);

(b) by way of pension (including an annuity in respect of past service, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

(c) by way of statutory sick pay.

(4) “Earnings” shall not include—

(a) sums payable by any public department of the Government of Northern Ireland or of a territory outside the United Kingdom;

(b) pay or allowances payable to the liable person as a member of Her Majesty’s forces 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 1996) ;

(c) pension, allowances or benefit payable under any enactment relating to social security;

(d) pension or allowances payable in respect of disablement or disability;

(e) guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975 .

(f) working tax credit payable under section 10 of the Tax Credits Act 2002.

(5) “Net earnings” means the residue of earnings after deduction of—

(a) income tax;

(b) primary class I contributions under Part I of the Contributions and Benefits Act 1992 ;

(c) amounts deductible by way of contributions to a superannuation scheme which provides for the payment of annuities or lump sums—

(i) to the employee on his retirement at a specified age or on becoming incapacitated at some earlier age; or

(ii) on his death or otherwise, to his personal representative, widow, surviving civil partner, relatives or dependants.

Section 9 Deduction from earnings orders

A deduction from earnings order shall specify—

(a) the name and address of the liable person;

(b) the name of the employer at whom it is directed;

(c) where known, the liable person’s place of work, the nature of his work and any works or pay number;

(cc) where known, the liable person’s national insurance number;

(d) the normal deduction rate or rates and the date upon which each is to take effect;

(e) the protected earnings proportion ;

(f) the address to which amounts deducted from earnings are to be sent.

Section 10 Normal deduction rate

(1) The period by reference to which the normal deduction rate is set must be the period by reference to which the liable person is normally paid where that period is a 1, 2 or 4 weekly or monthly period.

(2) The employer must select the normal deduction rate which applies depending on the period by reference to which the liable person's earnings are normally paid.

(3) Where the liable person is paid by reference to a period other than at a 1, 2 or 4 weekly or monthly period, the Secretary of State must discharge the deduction from earnings order in accordance with regulation 20.

Section 11 Protected earnings proportion

(1) The period by reference to which the protected earnings proportion is set must be the same as the period by reference to which the normal deduction rate is set in accordance with regulation 10(1).

(2) The protected earnings proportion in respect of any period shall be 60% of the liable person's net earnings in respect of that period as calculated at the pay-day of the liable person by the employer.

Section 12 Amount to be deducted by employer

(1) Subject to the provisions of this regulation, an employer who has been served with a copy of a deduction from earnings order in respect of a liable person in his employment shall, each pay-day, make a deduction from the net earnings of that liable person of an amount equal to the normal deduction rate.

(2) Where the deduction of the normal deduction rate would reduce the liable person’s net earnings below the protected earnings proportion the employer shall deduct only such amount as will leave the liable person with net earnings equal to the protected earnings proportion .

(3) Where the liable person receives a payment of earnings at an interval greater or lesser than the interval specified in relation to the normal deduction rate and the protected earnings proportion (“the specified interval”) the employer shall, for the purpose of such payments, take as the normal deduction rate and the protected earnings proportion such amounts (to the nearest whole penny) as are in the same proportion to the interval since the last pay-day as the normal deduction rate and the protected earnings proportion bear to the specified interval.

(3A) Where on any pay-day the liable person receives a payment of earnings covering a period longer than the period by reference to which the normal deduction rate is set, the employer shall, subject to paragraph (2), make a deduction from the net earnings paid to that liable person on that pay-day of an amount which is in the same proportion to the normal deduction rate as that longer period is to the period by reference to which that normal deduction rate is set.

(4) Where, on any pay-day, the employer fails to deduct an amount due under the deduction from earnings order or deducts an amount less than the amount of the normal deduction rate the shortfall shall, subject to the operation of paragraph (2), be deducted in addition to the normal deduction rate at the next available pay-day or days.

(5) Where, on any pay-day, the liable person’s net earnings are less than his protected earnings rate the amount of the difference shall be carried forward to his next pay-day and treated as part of his protected earnings in respect of that pay-day.

(6) Where, on any pay-day, an employer makes a deduction from the earnings of a liable person in accordance with the deduction from earnings order he may also deduct an amount not exceeding £1 in respect of his administrative costs and such deduction for administrative costs may be made notwithstanding that it may reduce the liable person’s net earnings below the protected earnings proportion .

Section 13 Employer to notify liable person of deduction

(1) An employer making a deduction from earnings for the purposes of this Part shall notify the liable person in writing of the amount of the deduction, including any amount deducted for administrative costs under regulation 12(6).

(2) Such notification shall be given not later than the pay-day on which the deduction is made or, where that is impracticable, not later than the following pay-day.

Section 14 Payment by employer to Secretary of State

(1) Amounts deducted by an employer under a deduction from earnings order (other than any administrative costs deducted under regulation 12(6)) shall be paid to the Secretary of State by the 19th day of the month following the month in which the deduction is made.

(2) Such payment may be made—

(a) by cheque;

(b) by automated credit transfer; or

(c) by such other method as the Secretary of State may specify.

Section 15 Information to be provided by liable person

(1) A liable person in respect of whom a deduction from earnings order is in force must notify the Secretary of State in writing within 7 days of each occasion on which he leaves employment or becomes employed, or re-employed.

(2) If a liable person becomes employed or re-employed, such notification must include the following details—

(a) the name and address of his employer;

(b) the amount of his earnings and expected earnings; and

(c) his place of work, nature of his work and any works or pay number.

Section 16 Duty of employers and others to notify Secretary of State

(1) Where a deduction from earnings order is served on a person on the assumption that he is the employer of a liable person but the liable person to whom the order relates is not in his employment, the person on whom the order was served shall notify the Secretary of State of that fact in writing, at the address specified in the order, within 10 days of the date of service on him of the order.

(2) Where an employer is required to operate a deduction from earnings order and the liable person to whom the order relates ceases to be in his employment the employer shall notify the Secretary of State of that fact in writing, at the address specified in the order, within 10 days of the liable person ceasing to be in his employment.

(3) Where an employer becomes aware that a deduction from earnings order is in force in relation to a person who is an employee of his he shall, within 7 days of the date on which he becomes aware, notify the Secretary of State of that fact in writing at the address specified in the order.

Section 17 Requirement to review deduction from earnings orders

(1) Subject to paragraph (2), the Secretary of State shall review a deduction from earnings order in the following circumstances—

(a) where there is a change in the amount of the maintenance calculation ;

(b) where any arrears , penalty payment, interest or fees payable under the order are paid off.

(2) There shall be no obligation to review a deduction from earnings order under paragraph (1) where the normal deduction rates specified in the order take account of the changes which will arise as a result of the circumstances specified in sub-paragraph (a) or (b) of that paragraph.

Section 18 Power to vary deduction from earnings orders

(1) The Secretary of State may (whether on a review under regulation 17 or otherwise) vary a deduction from earnings order so as to—

(a) include any amount which may be included in such an order or exclude or decrease any such amount;

(b) substitute a subsequent employer for the employer at whom the order was previously directed.

(2) The Secretary of State shall serve a copy of any deduction from earnings order, as varied, on the liable person’s employer and on the liable person.

Section 19 Compliance with deduction from earnings order as varied

(1) Where a deduction from earnings order has been varied and a copy of the order as varied has been served on the liable person’s employer it shall, subject to paragraph (2), be the duty of the employer to comply with the order as varied.

(2) The employer shall not be under any liability for non-compliance with the order, as varied, before the end of the period of 7 days beginning with the date on which a copy of the order, as varied, was served on him.

Section 20 Discharge of deduction from earnings orders

(1) The Secretary of State may discharge a deduction from earnings order where it appears to him that—

(a) no further payments are due under it;

(b) the order is ineffective or some other way of securing that payments are made would be more effective;

(c) the order is defective;

(d) the order fails to comply in a material respect with any procedural provision of the Act or regulations made under it other than provision made in regulation 9, 10 or 11;

(e) at the time of the making of the order he did not have, or subsequently ceased to have, jurisdiction to make a deduction from earnings order; ...

(f) in the case of an order made at a time when there is in force a default or interim maintenance decision , it is inappropriate to continue deductions under the order having regard to the compliance or the attempted compliance with the maintenance calculation by the liable person ; or

(g) the circumstances in regulation 10(3) apply ; or

(h) it is appropriate to discharge the order in a case where liability has ceased to accrue under the maintenance assessment or maintenance calculation in respect of which the order is made because the power under paragraph 1(1) of Schedule 5 to the Child Maintenance and Other Payments Act 2008 (power to require a decision about whether to stay in the statutory scheme) has been exercised in relation to the case.

(2) The Secretary of State shall give written notice of the discharge of the deduction from earnings order to the liable person and to the liable person’s employer.

Section 21 Lapse of deduction from earnings orders

(1) A deduction from earnings order shall lapse (except in relation to any deductions made or to be made in respect of the employment not yet paid to the Secretary of State) where the employer at whom it is directed ceases to have the liable person in his employment.

(2) The order shall lapse from the pay-day coinciding with, or, if none, the pay-day following, the termination of the employment.

(3) A deduction from earnings order which has lapsed under this regulation shall nonetheless be treated as remaining in force for the purposes of regulations 15 and 24.

(4) Where a deduction from earnings order has lapsed under paragraph (1) and the liable person recommences employment (whether with the same or another employer), the order may be revived from such date as may be specified by the Secretary of State.

(5) Where a deduction from earnings order is revived under paragraph (4), the Secretary of State shall give written notice of that fact to, and serve a copy of the notice on, the liable person and the liable person’s employer.

(6) Where an order is revived under paragraph (4), no amount shall be carried forward under regulation 12(4) or (5) from a time prior to the revival of the order.

Section 22 Appeals against deduction from earnings orders

(1) A liable person in respect of whom a deduction from earnings order has been made may appeal to the magistrates’ court, or in Scotland the sheriff of the sheriffdom in which he resides .

(2) Subject to paragraph (2A), any appeal shall—

(a) be by way of complaint for an order or, in Scotland, by way of application;

(b) where the liable person is resident in the United Kingdom, be made within 28 days of the date on which the matter appealed against arose.

(c) where the liable person is not resident in the United Kingdom, be made within 56 days of the date on which the matter appealed against arose.

(2A) Any appeal against a decision of the Secretary of State that the exclusion required by regulation 3(3) does not apply is—

(a) where the liable person is resident in the United Kingdom, to be made within 28 days of the date on which that decision is given or sent to the liable person;

(b) where the liable person is not resident in the United Kingdom, to be made within 56 days of the date on which that decision is given or sent to the liable person.

(3) Subject to paragraph (3A), an appeal may be made only on one or both of the following grounds—

(a) that the deduction from earnings order is defective;

(b) that the payments in question do not constitute earnings.

(3A) Where the Secretary of State is considering specifying a deduction from earnings order as a method of payment under regulation 3(1)(i) an appeal may also be made against a decision of the Secretary of State that the exclusion required by regulation 3(3) does not apply.

(4) Subject to paragraph (5), where the court or, as the case may be, the sheriff is satisfied that the appeal should be allowed the court, or sheriff, may—

(a) quash the deduction from earnings order; or

(b) specify which, if any, of the payments in question do not constitute earnings.

(5) Where an appeal is brought on the grounds set out in paragraph (3A), and the court, or as the case may be, the sheriff, is satisfied that the appeal should be allowed the court or the sheriff is to refer the case to the Secretary of State for him to specify whichever of the methods of payment set out in regulation 3(1) he considers to be appropriate in the circumstances.

Section 23 Crown employment

Where a liable person is in the employment of the Crown and a deduction from earnings order is made in respect of him then for the purposes of this Part—

(a) the chief officer for the time being of the Department, office or other body in which the liable person is employed shall be treated as having the liable person in his employment (any transfer of the liable person from one Department, office or body to another being treated as a change of employment); and

(b) any earnings paid by the Crown or a minister of the Crown, or out of the public revenue of the United Kingdom, shall be treated as paid by that chief officer.

Section 24 Priority as between orders

(1) Where an employer would, but for this paragraph, be obliged, on any pay-day, to make deductions under two or more deduction from earnings orders he shall—

(a) 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;

(b) 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.

(2) Where an employer would, but for this paragraph, be obliged to comply with a deduction from earnings order and one or more attachment of earnings orders he shall—

(a) in the case of an attachment of earnings order which was made either wholly or in part in respect of the payment of a judgment debt or payments under an administration order, deal first with the deduction from earnings order ... and thereafter with the attachment of earnings order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of deductions to comply with the deduction from earnings order ...;

(b) in the case of any other attachment of earnings order he shall—

(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.

“Attachment of earnings order” in this paragraph means an order made under the Attachment of Earnings Act 1971 or under regulation 32 of the Community Charge (Administration and Enforcement) Regulations 1989 or under regulation 37 of the Council Tax (Administration and Enforcement) Regulations 1992 .

(3) Paragraph (2) does not apply to Scotland.

(4) In Scotland, where an employer would, but for this paragraph, be obliged to comply with a deduction from earnings order and one or more diligences against earnings he shall deal first with the deduction from earnings order ... and thereafter with the diligence against earnings as if the earnings to which the diligence relates were the residue of the liable person’s earnings after the making of deductions to comply with the deduction from earnings order ....

Section 25 Offences

The following regulations are designated for the purposes of section 32(8) of the Act (offences relating to deduction from earnings orders)—

(aa) regulation 14(1);

(ab) regulation 15(1) and (2);

(b) regulation 16(1), (2) and (3);

(c) regulation 19(1).

Section 25A Interpretation of this Part

(1) In this Part—

“another account-holder” means an account-holder other than the liable person in a case where a regular deduction order or a lump sum deduction order is proposed or made in respect of a joint account

“assessable income” means the amount calculated in accordance with paragraph 5 of Schedule 1 to the Act as it applies to a 1993 scheme case and regulations made for the purposes of that paragraph;

“current income” has the meaning given in regulation 37 of the Child Support Maintenance Calculation Regulations 2012 (current income – general);

“deduction period” means the period of a week, a month or other period at which deductions are to be made from the amount (if any) standing to the credit of the account specified in a regular deduction order;

“garnishee order” means an order made in accordance with the provisions of order 30 of the County Court Rules 1981 or order 49 of the Rules of the Supreme Court 1965;

“gross weekly income” means income calculated under Chapter 1 of Part 4 of the Child Support Maintenance Calculation Regulations 2012;

“joint account” includes an account used by a partnership formed in England or Wales, of which the liable person is a partner

“net weekly income” has the meaning given in the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;

“lump sum deduction order” means an order under section 32E(1) or, as the case may be, 32F(1) of the Act ;

“regular deduction order” means an order under section 32A(1) of the Act ;

“third party debt order” means an order made in accordance with the provisions of Part 72 of the Civil Procedure Rules 1998;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where a copy of a regular deduction order or a lump sum deduction order is served or a notification sent by the Secretary of State is received.

(2) Any person against whom an order under section 32A(1) of the Act may be made by the Secretary of State is referred to in this Chapter and Chapters 2 and 4 as “the liable person”.

(3) Where a copy of a regular deduction order or a lump sum deduction order is served by the Secretary of State in accordance with section 32A(7), 32E(6) or 32F(6) of the Act —

(a) on a deposit-taker—

(i) where that copy of the order is sent by electronic communication or fax to the deposit-taker’s last notified address for electronic communication or, as the case may be, fax number, it is to be treated as having been served at the end of the first working day after the day it was sent by the Secretary of State , or

(ii) where that copy of the order is sent by post to the deposit-taker’s last notified address, it is to be treated as having been served at the end of the second working day after the day it was posted by the Secretary of State ; or

(b) on a liable person or, if the order is made in respect of a joint account, on another account holder—

(i) a copy of the order sent by electronic communication to that person’s last notified address for electronic communication, is to be treated as having been served at the end of the first working day after the day on which it was sent;

(ii) a copy of the order sent by post to that person’s last known or notified address, is to be treated as having been served at the end of the day on which the copy of the order was posted.

(4) Any notification sent by the Secretary of State in accordance with this Part to a deposit-taker , a liable person or another account-holder is to be treated as having been received at the same time as an order is treated as having been served in accordance with the provisions of paragraph (3).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Part applies to a 1993 scheme case in the same way as it applies to a 2003 scheme case and—

(a) any references to expressions in the Act (including “maintenance calculation”) or to regulations made under the Act are to be read, in relation to a 1993 scheme case, with the necessary modifications; and

(b) any reference in this Part to “net weekly income” is to be read as if it were a reference to “assessable income” where these Regulations apply to a 1993 scheme case.

(7) In this regulation—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) “1993 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 have not been brought into force in accordance with article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003; and

(d) “2003 scheme case” means a case in respect of which those provisions have been brought into force.

Section 25A1 Regular deduction order in respect of a joint account

(1) Before making a regular deduction order in respect of a joint account the Secretary of State shall serve a notice containing the information set out in paragraph (2) and the further information set out in paragraph (3) or (4) (as appropriate).

(2) The information for each account-holder is—

(a) that the Secretary of State is proposing to make an order in respect of the account;

(b) the name of the liable person;

(c) the number and sort code of the account;

(d) that the order would be made to secure the payment of child support maintenance payable by the liable person;

(e) the dates on which the Secretary of State is proposing to make deductions under the order;

(f) that each account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraphs (a) and (e);

(g) that the order is likely to be made in the terms set out in the notice if representations are not made; and

(h) the period for making representations.

(3) The further information to the liable person is—

(a) the amounts that the Secretary of State is proposing to deduct under the order in respect of arrears of child support maintenance payable under the calculation and amounts of child support maintenance which will become payable under the calculation;

(b) that the liable person has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

(c) that the order is likely to be made in the terms set out in the notice if representations are not made; and

(d) the period for making representations.

(4) The further information to another account-holder is—

(a) the amounts that the Secretary of State is proposing to deduct under the order;

(b) that another account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

(c) that the order is likely to be made in the terms set out in the notice if representations are not made; and

(d) the period for making representations.

(5) The period for making representations to the Secretary of State in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) is—

(a) 14 days, beginning with the day on which the account-holder receives the notice; or

(b) such longer period as the Secretary of State considers reasonable in the circumstances of the case.

(6) A regular deduction order may not be made before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) made to the Secretary of State during that period.

Section 25B Regular deduction orders

(1) A regular deduction order must specify—

(a) the amount of the regular deduction; and

(b) the dates on which regular deductions (referred to in this Chapter as “deduction dates”) are due to be made.

(2) Where the date on which the regular deduction is due to be made is not a working day, the deduction must be made on the first working day after the date specified in the order.

Section 25C Maximum deduction rate

(1) The deduction rate under a regular deduction order in respect of any deduction period—

(a) is not to exceed 40% of the liable person’s gross weekly income ... as calculated—

(i) at the date of the current maintenance calculation, or

(ii) where a maintenance calculation has been in force and there are arrears of child support maintenance, at the date of the most recent previous maintenance calculation; or

(b) where a default maintenance decision has been made, is not to exceed £80 per week.

(2) In this Chapter “previous maintenance calculation” means a maintenance calculation which is no longer in force.

Section 25D Minimum amount

(1) A deduction must not be made where the amount standing to the credit of the account specified in the regular deduction order is below the minimum amount on the date a deduction is due to be made.

(2) The minimum amount (for the purposes of this Chapter) is, where the deduction period is—

(a) monthly, £40;

(b) weekly, £10; or

(c) for any other period, £10 for each whole week in that period plus £1 for each additional day in that period,

plus the amount of administrative costs authorised by regulation 25Z(a) (administrative costs).

Section 25E Notification by the deposit-taker to the Secretary of State

(1) A deposit-taker at which a regular deduction order is directed must notify the Secretary of State ... , within 7 days—

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

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

of the matters set out in paragraph (2).

(2) The matters are—

(a) if the account specified in the order does not exist; and

(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.

(3) A deposit-taker at which a regular deduction order is directed must notify the Secretary 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 does not exist; and

(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) The deposit-taker at which a regular deduction order is directed must notify the Secretary of State within 7 days starting on the date on which a deduction is due to be made—

(a) if the account specified in the order has been closed;

(b) if the amount standing to the credit of the account specified in the order is less than the minimum 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.

(5) The deposit-taker at which a regular deduction order is directed must notify the Secretary of State within 7 days of receipt of a request made by the Secretary of State of the details of any other account held by the liable person with that deposit-taker and the details of that account, including—

(a) the number and sort code of that account; and

(b) the type of account.

(5A) The deposit-taker at which a regular 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—

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

(b) remains in force at any time within that 7 day period.

(6) The requirements of this regulation apply only in so far as the deposit-taker has the information or can reasonably be expected to acquire it.

Section 25F Notification by the Secretary of State to the deposit-taker

The Secretary of State must notify the deposit-taker within 7 days of making a decision that a regular deduction order has—

(a) been varied by virtue of regulation 25I (variation of a regular deduction order);

(b) lapsed under regulation 25J (lapse of a regular deduction order);

(c) been revived under regulation 25K (revival of a regular deduction order); or

(d) ceased to have effect by virtue of regulation 25L (discharge of a regular deduction order).

Section 25G Review of a regular deduction order

(1) The following persons may apply to the Secretary of State for a review of a regular deduction order—

(a) a deposit-taker at which the order is directed;

(b) the liable person against whom the order is made; or

(c) another account-holder (in the case of an order made in respect of a joint account).

(2) The circumstances in which an application may be made under paragraph (1) are that—

(a) the liable person, the deposit-taker or another account-holder (in the case of an order made in respect of a joint account) satisfies the Secretary of State that some or all of the amount standing to the credit of the account specified in the order is not an amount in which the liable person has a beneficial interest;

(b) the applicant is the liable person and there has been a change in the amount of the maintenance calculation in question;

(c) any amounts payable under the order have been paid;

(d) the maximum deduction rate has been calculated in accordance with regulation 25C(1)(a)(ii) (maximum deduction rate) and there has been a change in the liable persons current income since the date of the most recent previous maintenance calculation;

(e) due to an official error, an incorrect amount has been specified in the order; ...

(f) the order does not comply with the requirements of section 32A(5) of the Act or regulation 25B(1) or 25C.

(g) for a joint account, another account-holder satisfies the Secretary of State that the amount contributed by the liable person to the account specified in the order—

(i) has decreased; or

(ii) will decrease within a period of 3 months of the date on which the account-holder applied for a review of the order; or

(h) for a joint account, another account-holder who did not make representations within the period for making representations under regulation 25A1(5), 25IA(3) or 25KA(3) both—

(i) satisfies the Secretary of State that that account-holder had reasonable excuse for not making representations within that period; and

(ii) applies for a review of the order within 3 months of the expiry of the period for making representations under regulation 25A1(5), 25IA(3) or 25KA(3).

(3) Following a review of an order under this regulation—

(a) where the Secretary of State changes the amount to be deducted by the deposit-taker under the order, the Secretary of State may vary the order; or

(b) where the Secretary of State extinguishes the amount to be deducted by the deposit-taker under the order, the Secretary of State must discharge the order.

(4) In paragraph (2)(e) “official error” has the same meaning as in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (interpretation).

Section 25H Priority as between orders – regular deduction orders

(1) Paragraphs (2) to (5) apply where one or more third party debt orders or garnishee orders provide for deductions to be made from the same account as that specified in a regular deduction order.

(2) Where—

(a) one or more third party debt orders or garnishee orders are served on a deposit-taker before or on the day a payment is due to be made under a regular deduction order; and

(b) the regular deduction order was served on the same deposit-taker before those orders,

the deposit-taker must make that payment except where the deposit-taker has taken action to comply with the obligations under any third party debt order or garnishee order.

(3) Where a regular deduction order is served after an interim third party debt order or a garnishee order nisi the deposit-taker must take action to comply with any of those orders before making a deduction under the regular deduction order.

(4) Where paragraph (2) or (3) applies, the deposit-taker must take action to comply with any third party debt orders or garnishee orders before making further deductions under the regular deduction order.

(5) Where a decision to revive a regular deduction order takes effect on the same day as or any day after a third party debt order or garnishee order has been served, the deposit-taker must take action to comply with any of those orders before making a deduction under the regular deduction order.

(6) Paragraphs (1) to (5) do not apply to Scotland.

(7) In Scotland, paragraphs (8) to (10) apply where a deposit-taker receives one or more arrestment schedules (“arrestments”) and a regular deduction order which apply to the same account.

(8) Where—

(a) one or more arrestments are served on a deposit-taker before or on the day a payment is due to be made under a regular deduction order; and

(b) the regular deduction order was served on the same deposit-taker before any of those arrestments,

the deposit-taker must make that payment except where the deposit-taker has taken action to comply with the obligations under any of the arrestments.

(9) Where paragraph (8) applies, the deposit-taker must take action to comply with any of those arrestments before making further deductions under the regular deduction order.

(10) Where a decision to revive a regular deduction order takes effect on the same day as or any day after any arrestments have been served, the deposit-taker must take action to comply with any of those arrestments before making a deduction under the regular deduction order.

Section 25I Variation of a regular deduction order

(1) Subject to regulation 25IA, the Secretary of State may vary a regular deduction order by changing the amount to be deducted in the circumstances set out in paragraph (2).

(2) The circumstances are that—

(a) the Secretary of State has accepted—

(i) that a payment of arrears has been made by the liable person, and

(ii) no alternative method of payment of child support maintenance has been arranged;

(b) a decision has been made under section 11, 12, 16 or 17 of the Act or there has been an appeal against a maintenance calculation;

(c) the Secretary of State has reviewed the order under regulation 25G (review of a regular deduction order); ...

(d) there has been an appeal under regulation 25AB(1)(a) or (b) (appeals) ; or

(e) where the order is made in respect of a joint account, the amount contributed to the account by the liable person has changed or the Secretary of State has reason to believe that it will change within 3 months of the date on which the order is made or varied.

(3) The Secretary of State may from time to time vary the deduction period or the deduction dates .

(4) Where—

(a) a regular deduction order has been varied under this regulation; and

(b) a copy of the order as varied has been served on the deposit-taker at which it is directed,

that deposit-taker must comply with the order; but the deposit-taker is not to be under any liability for non-compliance before the end of the period of 7 days beginning on the day on which the copy of the order as varied is served on the deposit-taker.

(5) Paragraphs (2) and (4) of this regulation also apply to a regular deduction order made in respect of a joint account.

Section 25J Lapse of a regular deduction order

(1) A regular deduction order is to lapse in the circumstances set out in paragraph (2).

(2) The circumstances are where—

(a) the Secretary of State has agreed with the liable person an alternative method of payment of the child support maintenance due under the maintenance calculation; ...

(b) there is an insufficient amount standing to the credit of the account specified in the order to enable a deduction to be made on two consecutive deduction dates, unless the Secretary of State has decided that the order is to continue for a greater number of deduction dates ; or

(c) the Secretary of State—

(i) is satisfied that the liable person has ceased making contributions to the account; or

(ii) has reason to believe that the liable person will cease making contributions to the account in the next deduction period,

and the Secretary of State considers it is reasonable in all the circumstances that the order is to lapse.

(3) A regular deduction order lapses on the day on which the deposit-taker receives notification that the order has lapsed from the Secretary of State .

(4) A regular deduction order which has lapsed under this regulation is to be treated as remaining in force for the purposes of regulations 25E (notification by the deposit-taker to the Secretary of State ), 25G (review of a regular deduction order) and 25AB (appeals).

(5) This regulation applies to a regular deduction order whether or not made in respect of a joint account, except for paragraph (2)(c) which applies to a regular deduction order made in respect of a joint account only.

Section 25K Revival of a regular deduction order

(1) Where a regular deduction order has lapsed it may be revived by the Secretary of State where—

(a) the liable person has failed to comply with any agreement reached under regulation 25J(2)(a) (lapse of a regular deduction order); ...

(b) the Secretary of State has reason to believe that following the lapse of an order under regulation 25J(2)(b) there is sufficient amount standing to the credit of the account specified in the order to enable a deduction to be made ; or

(c) following the lapse of an order under regulation 25J(2)(c) the liable person has started making contributions to the account again.

(2) Where the Secretary of State decides to revive a regular deduction order that decision is to take effect on the day notification that the order has been revived is received by the deposit-taker.

Section 25L Discharge of a regular deduction order

(1) A regular deduction order must be discharged by the Secretary of State where—

(a) the account specified in the order has been closed;

(b) the maintenance calculation in question is no longer in force and the amount of child support maintenance due under that calculation has been paid in full in accordance with regulation 2 (payment of child support maintenance);

(c) the liable person has complied with any agreement reached under regulation 25J(2)(a) for such period as the Secretary of State considers appropriate in the circumstances of the case;

(d) the Secretary of State has reviewed the order under regulation 25G and the Secretary of State has extinguished the amount to be deducted by the deposit-taker under the order;

(e) on an appeal under regulation 25AB(1)(a) (appeals) the court has set aside the order;

(f) unless sub-paragraph (g) applies, a regular deduction order has lapsed under regulation 25J(2) and—

(i) 6 months have passed beginning with the day the lapse took effect; or

(ii) 6 months have passed beginning with the day the lapse took effect and during this period of time the Secretary of State has not served any notice under regulation 25KA.

(g) an appeal is brought by virtue of regulation 25AB(1)(a) or (b), against a regular deduction order which has lapsed under regulation 25J(2) and 1 month has passed beginning on—

(i) the day proceedings on the appeal (including any further appeal) concluded, or

(ii) the end of any period during which a further appeal may ordinarily be brought,

whichever is the later; ...

(h) the liable person has died ; or

(i) the liable person is no longer an account-holder in relation to the account.

(2) A regular deduction order may be discharged where the Secretary of State considers it is appropriate to do so in the circumstances of the case.

(3) Where a regular deduction order is discharged that discharge takes effect immediately after the payment of the last regular deduction prior to discharge.

Section 25M Period in which representations may be made

Subject to regulation 25MA(3), where a lump sum deduction order has been made under section 32E(1) of the Act, the period for making representations to the Secretary of State in respect of the proposal specified in that order is 14 days, beginning with the day on which a copy of the order was served.

Section 25N Disapplication of sections 32G(1) and 32H(2)(b) of the Act

(1) Something that would otherwise be in breach of sections 32G(1) and 32H(2)(b) of the Act may, with the consent of the Secretary of State , be done in the following circumstances—

(a) the liable person, the liable person’s partner or any relevant other child is suffering hardship in meeting ordinary living expenses;

(aa) another account-holder, another account-holder’s partner or a child in relation to whom another account-holder is a person with care is suffering hardship in meeting ordinary living expenses;

(b) the liable person or another account-holder is under a written contractual obligation, agreed before the lump sum deduction order was made, to make a payment;

(c) the deposit-taker has a right of set off and satisfies the Secretary of State that an intention to exercise that right was formed within 30 days before the date the lump sum deduction order under section 32E of the Act was served;

(d) the deposit-taker and either the liable person or another account-holder have made a written agreement in which the availability of an amount standing to the credit of the account specified in the lump sum deduction order was required as security for that agreement; or

(e) any other circumstances the Secretary of State considers appropriate in the particular case.

(2) The liable person , another account-holder or the deposit-taker at which a lump sum deduction order is directed may apply to the Secretary of State for consent.

(3) When deciding whether to give consent, the Secretary of State must take into account—

(a) any adverse impact the decision may have on the liable person or any other person; and

(b) any alternative arrangements which may be made by the liable person , another account-holder or the deposit-taker.

(4) Where the Secretary of State gives consent it is to take effect on the day on which the deposit-taker receives notification from the Secretary of State to disapply section 32G(1) or 32H(2)(b) of the Act .

(5) Something that would otherwise be in breach of section 32G(1) and 32H(2)(b) of the Act may be done where—

(a) the amount standing to the credit of the account specified in the lump sum deduction order is less than the amount specified in that order, except in respect of any amount dealt with in compliance with section 32G(1) of the Act ; or

(b) the deposit-taker has made a payment in accordance with section 32H(1)(a) of the Act .

(6) Paragraph (5) has effect until the Secretary of State gives notice to the deposit-taker that paragraph (5) has ceased to have effect in a particular case and that notification is to take effect on the day on which the deposit-taker receives notification from the Secretary of State .

(7) In this regulation—

“partner” has the same meaning as in regulation 3(9) (method of payment) and the definition of “couple” in that regulation is to apply accordingly; and

“relevant other child” is to be interpreted in accordance with paragraph 10C(2) of Schedule 1 to the Act and regulations made for the purposes of that paragraph.

Section 25O Information

(1) A deposit-taker at which a lump sum deduction order is directed must supply to the Secretary 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 Secretary 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 Secretary of State within 7 days of receipt of a request being made by the Secretary 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 Secretary 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 Secretary of State in accordance with paragraph (2)(a)(iii), that the account specified in the order has been closed; and

(c) the Secretary 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 Secretary of State that the account has been closed.

(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 .

Section 25P Priority as between orders – lump sum deduction orders

(1) Where a deposit-taker would, but for this paragraph, be obliged to comply with an order under section 32F of the Act , and one or more interim third party debt orders or garnishee orders nisi, it must take action to comply with the orders according to the order in which they were served on the deposit-taker.

(2) Paragraph (1) does not apply where an order under section 32E of the Act was served after an interim third party debt order or a garnishee order nisi except where there remains an amount standing to the credit of the account specified in the order under section 32F of the Act after any third party debt orders or garnishee orders have been complied with by the deposit-taker (referred to in this regulation as “an outstanding amount”).

(3) Where there is an outstanding amount section 32G(1) of the Act applies in respect of that amount.

(4) Where a decision to revive a lump sum deduction order takes effect on the same day as or any day after a third party debt order or garnishee order has been served, the deposit-taker must take action to comply with any of those orders before making a deduction under the lump sum deduction order.

(5) Paragraphs (1) to (4) do not apply to Scotland.

(6) In Scotland, where a deposit-taker would, but for this paragraph, be obliged to comply with an order under section 32F of the Act , and one or more arrestment schedules (“arrestments”) it must give preference to that order and those arrestments according to the order in which they were served on the deposit-taker.

(7) Where there remains an amount standing to the credit of the account specified in the order under section 32F of the Act after any arrestments have been complied with by the deposit-taker, section 32G(1) of the Act applies in respect of that amount.

(8) Where a decision to revive a lump sum deduction order takes effect on the same day as or any day after any arrestments have been served, the deposit-taker must take action to comply with any of those arrestments before making a deduction under the lump sum deduction order.

Section 25Q Minimum amount

(1) A deduction must not be made where the amount standing to the credit of the account specified in the lump sum deduction order is below the minimum amount on the date the deduction is due to be made.

(2) The minimum amount is £55 plus the amount of administrative costs authorised by regulation 25Z(b) (administrative costs).

Section 25R Variation of a lump sum deduction order

(1) The Secretary of State may, in the circumstances set out in paragraph (2), vary a lump sum deduction order by reducing the amount specified in that order.

(2) The circumstances are that—

(a) the Secretary of State accepts the liable person’s agreement to make a payment;

(b) a decision has been made under section 11, 12, 16 or 17 of the Act or there has been an appeal against a maintenance calculation;

(c) the Secretary of State has consented to the doing of things that would otherwise be in breach of sections 32G(1) and 32H(2)(b) of the Act ;

(d) there has been an appeal made under regulation 25AB(1)(c) or (d) (appeals); or

(e) representations made in respect of the proposals specified in the order made under section 32E of the Act have been accepted by the Secretary of State .

(3) Where—

(a) a lump sum deduction order has been varied under this regulation; and

(b) a copy of the order as varied has been served on the deposit-taker at which it is directed,

that deposit-taker must comply with the order when that order is served.

Section 25S Lapse of a lump sum deduction order

(1) A lump sum deduction order is to lapse in the circumstances set out in paragraph (2).

(2) The circumstances are where—

(a) the amount in the account specified in the order under section 32E of the Act is nil;

(b) in consequence of the consent given by the Secretary of State under regulation 25N(1) (disapplication of section 32G(1) and 32H(2)(b) of the Act ) the amount in the account specified in the lump sum deduction order is reduced to nil; or

(c) the Secretary of State has agreed with the liable person an alternative method of payment of the child support maintenance due under the maintenance calculation,

and the Secretary of State considers it is reasonable in all the circumstances that the order is to lapse.

(3) A lump sum deduction order lapses on the day on which the deposit-taker receives notification that the order has lapsed from the Secretary of State .

(4) A lump sum deduction order which has lapsed under this regulation is to be treated as remaining in force for the purposes of regulations 25M (period in which representations may be made), 25O (information) and 25AB (appeals).

Section 25T Revival of a lump sum deduction order

(1) Where a lump sum deduction order has lapsed it may be revived by the Secretary of State where—

(a) in the case of an order under section 32E of the Act , the amount standing to the credit of the account specified in that order was nil and the Secretary of State is informed in accordance with the requirement in regulation 25O(4)(b) that there is an amount at least the same as or less than the amount specified in the order standing to the credit of the account specified in the order;

(b) a lump sum deduction order has lapsed under regulation 25S(2)(b) (lapse of a lump sum deduction order) and the Secretary of State is informed in accordance with the requirement in regulation 25O(4)(b) that there is an amount at least the same as or less than the amount specified in the order, or the remaining amount, standing to the credit of the account specified in the order; or

(c) in the case of an order under section 32F of the Act , there is a remaining amount and the liable person has failed to comply with the agreement referred to in regulation 25S(2)(c).

(2) Where the Secretary of State decides to revive a lump sum deduction order that decision is to take effect on the day notification that the order has been revived is received by the deposit-taker.

Section 25U Discharge of a lump sum deduction order

(1) A lump sum deduction order must be discharged where—

(a) the account specified in the order has been closed;

(b) the amount of arrears of child support maintenance specified in the order has been paid in full in accordance with regulation 2 (payment of child support maintenance);

(c) the liable person has paid the total amount of arrears of child support maintenance specified in the order by an alternative method agreed between the Secretary of State and the liable person;

(d) the Secretary of State has considered representations made in respect of an order under section 32E of the Act and the Secretary of State has decided not to make an order under section 32F of the Act ;

(e) unless sub-paragraph (f) applies—

(i) an order under section 32F of the Act has lapsed under regulation 25S(2) and 6 months have passed beginning on the day on which the deposit-taker received notification that the order had lapsed from the Secretary of State , or

(ii) regulation 25N(5) applies and 6 months have passed beginning on the day on which payment was made under section 32H(1)(a) of the Act ;

(f) an appeal is brought by virtue of regulation 25AB(1)(d) and 1 month has passed beginning on—

(i) the day proceedings on the appeal (including any further appeal) concluded, or

(ii) the end of any period during which a further appeal may ordinarily be brought,

whichever is the later; ...

(g) the liable person has died ; or

(h) the liable person is no longer an account-holder in relation to the account.

(2) A lump sum deduction order may be discharged where the Secretary of State considers it is appropriate to do so in the circumstances of the case.

(3) A lump sum deduction order is discharged on the day notification that the order has been discharged is received by the deposit-taker.