The Child Support (Miscellaneous Amendments) Regulations 2006

• Citation: S.I. 2006/1520
• Sections: 6

Section 1 Citation and commencement

(1) These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2006 and, subject to paragraph (2), come into force on 12th July 2006.

(2) Where, in relation to a particular case, paragraph 11(16) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000 has not come into force before 12th July 2006, regulation 3(3) shall come into force for the purposes of that case on the day on which that paragraph comes into force.

Section 2 Amendment of the Child Support (Information, Evidence and Disclosure) Regulations 1992

(1) The Child Support (Information, Evidence and Disclosure) Regulations 1992 are amended as follows.

(2) In regulation 2 (persons under a duty to furnish information or evidence)—

(a) at the end of paragraph (2)(g) omit “and”;

(b) at the end of paragraph (2)(h) insert “and”;

(c) after sub-paragraph (2)(h) insert—

(i) a credit reference agency within the meaning given by section 145(8) of the Consumer Credit Act 1974 with respect to the matters listed in sub-paragraphs (d), (e), (m) and (n) of regulation 3(1).

(3) In regulation 3 (purposes for which information or evidence may be required) after paragraph (1)(l) insert—

(m) an assessment of the financial standing of the non-resident parent;

(n) an amount of, or an amount treated as, overpaid child support maintenance, to be recovered in accordance with section 41B of the Act (repayment of overpaid child support maintenance) and regulations made under or by virtue of that section, from a relevant person.

Section 3 Amendment of the Child Support (Collection and Enforcement) Regulations 1992

(1) The Child Support (Collection and Enforcement) Regulations 1992 are amended as follows.

(2) In regulation 3 (method of payment)—

(a) after paragraph (1)(f) add—

(g) by credit card;

(h) by a voluntary deduction from earnings arrangement.

(b) for paragraph (1A) substitute—

(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) “voluntary deduction from earnings arrangement” means an arrangement under which the liable person and his employer agree that payments of child support maintenance are to be deducted from the liable person’s earnings and paid to the Secretary of State.

(3) In regulation 11(2) (protected earnings proportion) for the words from “as calculated” to the end substitute—

as calculated—

at the date of the current maintenance calculation; or

if the deduction from earnings order relates only to arrears of child support maintenance, at the date on which the order is made or varied.

(4) In regulation 26 (liability orders – extent of Part IV) for “regulation 29(2)” substitute “regulations 29(2) and 35(5)”.

(5) In regulation 28 (application for a liability order)—

(a) for paragraph (2) substitute—

(2) Subject to paragraph (2A), there is no period of limitation in relation to an application under paragraph (1).

(b) after paragraph (2) insert—

(2A) An application under paragraph (1) may not be instituted in respect of an amount payment of which became due on or before 12th July 2000.

Section 4 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended in accordance with paragraph (2).

(2) In regulation 5A (date from which a decision revised under section 16 of the Child Support Act takes effect) omit paragraphs (2) and (3).

Section 5 Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2000

After regulation 29 of the Child Support (Maintenance Calculation Procedure) Regulations 2000 (effective dates of maintenance calculations in specified cases) insert—

Interim effective date where regulation 25, 28 or 29 applies

(29A)

(1) Where the Secretary of State has sufficient information to enable him to make a maintenance calculation, but only in respect of a period beginning after the date which would have been the effective date under regulation 25, 28 or 29 (“the original effective date”), the effective date of that calculation (“the interim effective date”) shall, instead, be the first day of the maintenance period after the Secretary of State receives that information.

(2) Where the information referred to in paragraph (1) is that the non-resident parent or his partner has been awarded any benefit, pension or allowance prescribed for the purposes of paragraph 4 of Schedule 1 to the Act (flat rate), the Secretary of State shall be treated as having received the information on the first day in respect of which that benefit, pension or allowance was payable under that award.

(3) If the Secretary of State subsequently receives sufficient information to enable him to make a maintenance calculation for the period from the original effective date to the interim effective date, that calculation shall have effect for that period.

Section 6 Amendment of the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000

(1) The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000 are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation) after paragraph (2A) insert—

(2B) Regulation 2(3)(b)(ii) and (c) shall, to the extent that those provisions are not already in force on 12th July 2006, come into force on that date.

(3) In regulation 6(1) (savings)—

(a) insert “or” at the end of sub-paragraph (a) and head (i);

(b) omit “or” at the end of sub-paragraph (b) and head (ii); and

(c) omit sub-paragraph (c) and head (iii).