The Child Support (Miscellaneous Amendments) Regulations 2007

• Citation: S.I. 2007/1979
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2007 and come into force on 1st August 2007.

Section 2 Amendment of the Child Support (Collection and Enforcement) Regulations 1992

(1) Amend the Child Support (Collection and Enforcement) Regulations 1992 in accordance with this regulation.

(2) In regulation 22 (appeals against deduction from earnings orders)—

(a) in paragraph (1) for “, having jurisdiction in the area in which he resides”, substitute “of the sheriffdom in which he resides”;

(b) at the beginning of paragraph (2)(b) insert “where the liable person is resident in the United Kingdom,”;

(c) after paragraph (2)(b) insert—

(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.

(3) In regulation 27 (notice of intention to apply for a liability order)—

(a) at the beginning of paragraph (1) insert “Subject to paragraph (1A),”;

(b) after paragraph (1) insert—

(1A) Where the liable person is not resident in the United Kingdom, the Secretary of State shall give the liable person at least 28 days notice of his intention to apply for a liability order under section 33(2) of the Act.

(4) In paragraph (1) of regulation 28 (application for a liability order), omit “having jurisdiction in the area in which the liable person resides”;

(5) In paragraph (1) of regulation 31 (appeals in connection with distress), omit “having jurisdiction in the area in which he resides”;

(6) In paragraph (1) of regulations 33 (application for warrant of commitment) and 35 (disqualification from driving order), omit “having jurisdiction for the area in which the liable person resides”.

Section 3 Amendment of the Child Support (Information, Evidence and Disclosure) Regulations 1992

(1) Amend the Child Support (Information, Evidence and Disclosure) Regulations 1992 in accordance with this regulation.

(2) In regulation 1(2) (citation, commencement and interpretation) at end insert—

“taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005 .

(3) In regulation 3(2)(h) (purposes for which information or evidence may be required) omit—

(a) “total”; and

(b) “as submitted to, or as issued to him by, the Inland Revenue,”.

Section 4 Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

(1) Amend Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (calculation of N and M) in accordance with this regulation.

(2) In paragraph 2A—

(a) in sub-paragraph (1) omit “2B,”;

(b) in sub-paragraph (2) omit—

(i) “total”; and

(ii) “as submitted to the Inland Revenue”;

(c) in sub-paragraph (3) omit “total”; and

(d) at end insert—

(5) For the purposes of this paragraph, “taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.

(6) A self-employed earner who is a person with care or an absent parent shall provide to the Secretary of State on demand a copy of—

(a) any tax calculation notice issued to him by Her Majesty’s Revenue and Customs; and

(b) any revised notice issued to him by Her Majesty’s Revenue and Customs.

(3) Omit paragraph 2B.

(4) For paragraph 2C substitute—

(2C) Where the Secretary of State accepts that it is not reasonably practicable for a self-employed earner to provide any of the information specified in paragraph 2A(6), “earnings” in relation to that earner shall be calculated in accordance with paragraph 3.

(5) In sub-paragraph (4)(b) of paragraph 3 omit sub-paragraphs (i), (iii), (iv), (v) and (vii).

(6) In paragraph 5A—

(a) omit “total” in each place where it appears; and

(b) omit sub-paragraph (3).

Section 5 Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

(1) Amend Part 3 of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 in accordance with this regulation.

(2) In paragraph 7—

(a) for the title “Figures submitted to the Inland Revenue”, substitute “Net weekly income of non-resident parent as a self-employed earner”;

(b) for sub-paragraph (1) substitute—

(1) Subject to sub-paragraph (6) and to paragraph 8, the net weekly income of the non-resident parent as a self-employed earner shall be his gross earnings less the deductions to which sub-paragraph (3) applies.

(c) after sub-paragraph (1) insert—

(1A) In this paragraph and paragraph 8 a person’s “gross earnings” are his taxable profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.

(d) for sub-paragraph (2) substitute—

(2) The non-resident parent shall provide to the Secretary of State on demand a copy of—

(a) any tax calculation notice issued to him by Her Majesty’s Revenue and Customs; and

(b) any revised tax calculation notice issued to him by Her Majesty’s Revenue and Customs.

and

(e) omit sub-paragraph (7).

(3) In paragraph 8—

(a) in sub-paragraph (1)—

(i) in paragraph (b) omit “ or;” and

(ii) omit paragraph (c);

(b) in sub-paragraph (3)(b) omit sub-paragraphs (i), (iii), (iv), (v) and (vii).