Statutory Instrument 1998 No. 58

The Child Support (Miscellaneous Amendments) Regulations 1998

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1998 No. 58

FAMILY LAW
CHILD SUPPORT
SOCIAL SECURITY

The Child Support (Miscellaneous Amendments) Regulations 1998

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	Made	15th January 1998
	Coming into force in accordance with regulation 1(2) and (3)

Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 1991[1], and approved by a resolution of each House of Parliament:

    Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 12(2), 14(1) and (3), 16(1), 21, 28A(3), 28G(4), 29, 32(1), 42, 43(1), 51, 52(4) and 54[2] of, and paragraphs 1, 4, 5, 6, 8, 11 and 14 of Schedule 1, paragraphs 2, 6 and 10 of Schedule 4A, and paragraphs 2, 3, 4, 5 and 6 of Schedule 4B to, the Child Support Act 1991 and of all other powers enabling her in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992[3], hereby makes the following Regulations:

Citation, commencement and interpretation
    1. - (1) These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 1998.

    (2) Subject to paragraph (3), these regulations shall come into force on the first commencement day.

    (3) Regulations 14, 39(3), 44, 45, 47, 49, 52, 54, 55 and paragraph (5) of regulation 56 shall come into force on the second commencement day.

    (4) In these Regulations, unless the context otherwise requires - 

"Appeal Regulations" means the Child Support Appeal Tribunals (Procedure) Regulations 1992[4];

"Collection and Enforcement Regulations" means the Child Support (Collection and Enforcement) Regulations 1992[5];

"Departure Direction Regulations" means the Child Support Departure Direction and Consequential Amendments Regulations 1996[6];

"first commencement day" means 19th January 1998;

"Information, Evidence and Disclosure Regulations" means the Child Support (Information, Evidence and Disclosure) Regulations 1992[7];

"Maintenance Assessment Procedure Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations 1992[8];

"Maintenance Assessments and Special Cases Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992[9];

"second commencement day" means 6th April 1998.

Amendment of regulation 1 of the Appeal Regulations
    2.In paragraph (2) of regulation 1 of the Appeal Regulations (citation, commencement and interpretation) - 

(a) the definition of "Central Office" shall be omitted;

(b) at the end of sub-paragraph (dd) in the definition of "party to the proceedings", there shall be added the words "or to a referral".

Amendment of regulation 3 of the Appeal Regulations
    3. - (1) Regulation 3 of the Appeal Regulations (making an appeal or application and time limits) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (11A) the words "at the Central Office" shall be omitted.

    (3) In paragraph (11B) - 

(a) for the words "paragraph (9)" there shall be substituted the words "paragraphs (9) or (10)";

(b) for the words "in the Central Office" there shall be substituted the words "by the clerk to the tribunal".

Amendment of regulation 5 of the Appeal Regulations
    4.In paragraph (1) of regulation 5 of the Appeal Regulations (directions), after the words "and may" there shall be inserted the words ",subject to paragraph (3),".

Amendment of regulation 11 of the Appeal Regulations
    5.In paragraph (1) of regulation 11 of the Appeal Regulations (hearings), the word "application" wherever it appears shall be omitted.

Amendment of regulation 12 of the Collection and Enforcement Regulations
    6.After paragraph (3) of regulation 12 of the Collection and Enforcement Regulations (amount to be deducted by employer) there shall be inserted the following paragraph - 

    " (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.".

Amendment of regulation 8 of the Departure Direction Regulations
    7. - (1) Regulation 8 of the Departure Direction Regulations (procedure in relation to the determination of an application) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1), after the words "Secretary of State shall" there shall be inserted the words ", unless he is satisfied on the information or evidence available to him that a departure direction is unlikely to be given".

    (3) After paragraph (4) there shall be inserted the following paragraph - 

    " (4A) Where the provisions of paragraph (1) have not been complied with because the Secretary of State was satisfied on the information or evidence available to him that a departure direction was unlikely to be given, but on further consideration of the application he is minded to give a departure direction in that case, he shall, before doing so, comply with the provisions of this regulation.".

Substitution of regulation 9 of the Departure Direction Regulations
    8.For regulation 9 of the Departure Direction Regulations (departure directions and persons in receipt of income support or income-based jobseeker's allowance) there shall be substituted the following regulation - 

" Departure directions and persons in receipt of income support, income-based jobseeker's allowance, family credit or disability working allowance
    9. - (1) The costs referred to in regulations 13 to 18 shall not constitute special expenses where they are or were incurred - 


(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by a person with care to or in respect of whom income support, income-based jobseeker's allowance, family credit or disability working allowance is or was in payment at the date on which any departure direction given in response to that application would take effect; or

(c) by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.



    (2) A transfer shall not constitute a transfer of property for the purposes of paragraph 3(1)(b) or 4(1)(b) of Schedule 4B to the Act, or of regulations 21 and 22, where the application is made - 



(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by a person with care and, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment in question is made.



    (3) A case shall not constitute a case under regulations 23 to 29 where the application is made - 



(a) by an absent parent to or in respect of whom income support or income-based jobseeker's allowance is or was in payment at the date on which any departure direction given in response to that application would take effect;

(b) by an absent parent where, at the date on which any departure direction given in response to that application would take effect, income support, income-based jobseeker's allowance, family credit or disability working allowance is or was in payment to or in respect of the person with care of the child or children in relation to whom the maintenance assessment in question is made;

(c) by a person with care where, at the date on which any departure direction given in response to that application would take effect, income support or income-based jobseeker's allowance is or was in payment to or in respect of the absent parent of the child or children in relation to whom the maintenance assessment is made.".

Amendment of regulation 11 of the Departure Direction Regulations
    9.In regulation 11 of the Departure Direction Regulations (departure application and review under section 17 of the Act), for the words "of the Act is" there shall be substituted the words "of the Act would be".

Insertion of regulation 11A into the Departure Direction Regulations
    10.After regulation 11 of the Departure Direction Regulations (departure application and review under section 17 of the Act) there shall be inserted the following regulation - 

" Meaning of "current assessment" for the purposes of the Act
    11A.Where - 


(a) an application under section 28A of the Act has been made in respect of a current assessment;

(b) after the making of that application that current assessment has been reviewed under section 16, 17, 18 or 19 of the Act, whether or not that review was initiated by a reference under section 28B(4) of the Act; and

(c) following that review, a fresh maintenance assessment has been made - 


(i) the effective date of which is the same as the effective date of that current assessment; or

(ii) which takes effect on the correct date applicable to that current assessment in circumstances where that current assessment has been reviewed on grounds which include the ground that its effective date was incorrect,



references to the current assessment in sections 28B(3), 28C(2)(a) and 28F(5) of, and in paragraph 8 of Schedule 4A and paragraphs 2, 3 and 4 of Schedule 4B to, the Act shall have effect as if they were references to that fresh maintenance assessment.".

Amendment of regulation 15 of the Departure Direction Regulations
    11. - (1) Regulation 15 of the Departure Direction Regulations (illness or disability) shall be amended in accordance with the following provisions of this regulation.

    (2) At the beginning of paragraphs (3) and (4), there shall be inserted the words "Subject to paragraph (4A),".

    (3) After paragraph (4), there shall be inserted the following paragraph - 

    " (4A) Paragraphs (3) and (4) shall not apply where the dependant of an applicant is adjudged eligible for either of the allowances referred to in paragraph (4) and in all the circumstances of the case the Secretary of State considers that the costs being met by the applicant in respect of the items listed in paragraph (1) shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act without the deductions in paragraph (3) being made.".

Amendment of regulation 17 of the Departure Direction Regulations
    12. - (1) Regulation 17 of the Departure Direction Regulations (pre-1993 financial commitments) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1) - 

(a) in sub-paragraph (a), for the words "a court order or" there shall be substituted the words "a maintenance order or a written" and the word "and" at the end shall be omitted;

(b) after sub-paragraph (a), there shall be inserted the following sub-paragraph - 


" (aa) at least one of the children referred to in sub-paragraph (a) is a child in respect of whom the current assessment was made; and".

    (3) Paragraph (2) shall be omitted.

Amendment of regulation 18 of the Departure Direction Regulations
    13. - (1) Regulation 18 of the Departure Direction Regulations (costs incurred in supporting certain children) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1), after the words "part of his family" there shall be inserted the words "and who was, at the date on which any departure direction given in response to an application under this regulation would take effect, living in the same household as that parent".

    (3) In paragraph (2) - 

(a) for sub-paragraph (a), there shall be substituted the following sub-paragraph - 


" (a) the child became a relevant child prior to 5th April 1993 and has remained a relevant child for the whole of the period from that date to the date on which any departure direction given in response to an application under this regulation would take effect;";



(b) for sub-paragraph (b), there shall be substituted the following sub-paragraph - 



" (b) subject to paragraph (7) - 


(i) the liability of the absent parent of a relevant child to pay maintenance to or for the benefit of that child under a maintenance order, a written maintenance agreement or a maintenance assessment; or

(ii) any deduction from benefit under section 43 of the Act in place of payment of child support maintenance to or for the benefit of that child,



is less than the amount specified in paragraph (4), or there is no such liability or deduction; and".

    (4) In paragraph (3) - 

(a) at the beginning, there shall be inserted the words "Subject to paragraph (7A),";

(b) after the words "paragraph (2)(b)" there shall be inserted the words "(i) or any deduction from benefit mentioned in paragraph (2)(b)(ii)";

(c) after the words "no such liability" there shall be inserted the words "or deduction".

    (5) In paragraph (4) - 

(a) at the beginning there shall be inserted the words "Subject to paragraphs (4A) and (4B),";

(b) in sub-paragraph (b), after the words "and (c)" there shall be inserted the word "of" and at the end there shall be inserted the word "and";

(c) for sub-paragraph (c), there shall be substituted the following sub-paragraph - 


" (c) except where the family includes other children of the parent, an amount equal to the income support family premium - 


(i) specified in sub-paragraph (a) of paragraph 3 of that Schedule where, if the applicant were a claimant, the rate of income support family premium specified in that sub-paragraph would be applicable to him; or

(ii) specified in paragraph 3(b) in all other cases.";



(d) sub-paragraph (d) shall be omitted.

    (6) After paragraph (4), there shall be inserted the following paragraphs - 

    " (4A) Where day to day care of the relevant child is shared between the current partner of the person making an application under this regulation and the other parent of that child, the amounts referred to in paragraph (4) shall be reduced by the proportion of those amounts which is the same as the proportion of the week in respect of which the child is not living in the same household as the applicant.

    (4B) Where an application under paragraph (1) is made in respect of more than one relevant child and the family does not include any other children of the parent, the amount applicable under sub-paragraph (c) of paragraph (4) in respect of each relevant child shall be calculated by dividing the amount referred to in that sub-paragraph by the number of relevant children in respect of whom that application is made.".

    (7) In paragraph (6), at the end of sub-paragraph (d), there shall be added the words "or the aggregate of those amounts where paragraph (7A) applies to that partner.".

    (8) In paragraph (7), after the words "paragraph (2)(b)" there shall be inserted "(i)".

    (9) After paragraph (7) there shall be inserted the following paragraph - 

    " (7A) Where an application is made in respect of relevant children of different parents, a separate calculation shall be made in accordance with paragraphs (3) and (4) in respect of each relevant child or group of relevant children who have the same parents and the amount constituting special expenses referred to in paragraph (1) shall be the aggregate of the amounts calculated in accordance with paragraph (3) in respect of each such relevant child or group of relevant children.".

    (10) For sub-paragraph (a) of paragraph (8), there shall be substituted the following sub-paragraph - 

" (a) a child who is not the child of a particular person is a part of that person's family where - 


(i) that child is the child of a current partner of that person; or

(ii) that child is the child of a former partner of that person and lives in the same household as the applicant for every night of each week;".

Further amendment of regulation 18 of the Departure Direction Regulations
    14.For sub-paragraph (c) of paragraph (4) of regulation 18 of the Departure Direction Regulations, there shall be substituted the following sub-paragraph - 

" (c) except where the family includes other children of the parent, an amount equal to the income support family premium specified in paragraph 3(1)(b) of that Schedule that would be payable if the parent were a claimant.".

Amendment of regulation 22 of the Departure Direction Regulations
    15.In paragraph (1) of regulation 22 of the Departure Direction Regulations (value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act), after the words "in lieu of" there shall be inserted the words "periodical payments of".

Amendment of regulation 23 of the Departure Direction Regulations
    16.Paragraph (3) of regulation 23 of the Departure Direction Regulations (assets capable of producing income or higher income) shall be omitted.

Amendment of regulation 25 of the Departure Direction Regulations
    17. - (1) Regulation 25 of the Departure Direction Regulations (life-style inconsistent with declared income) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1), the word "maintenance" shall be omitted.

    (3) For paragraph (2), there shall be substituted the following paragraph - 

    " (2) Paragraph (1) shall not apply where the Secretary of State is satisfied that the life-style of the non-applicant is paid for - 


(a) out of capital belonging to him; or

(b) by his partner, unless the non-applicant is able to influence or control the amount of income received by that partner.".

    (4) In paragraph (3), for "(2)(b)(ii)" there shall be substituted "(2)(b)".

Amendment of regulation 32 of the Departure Direction Regulations
    18. - (1) Regulation 32 of the Departure Direction Regulations (effective date of a departure direction) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (3), for the words "paragraph (6)" there shall be substituted the words "paragraphs (3A) and (6)".

    (3) After paragraph (3), there shall be inserted the following paragraph - 

    " (3A) Where an application is determined in accordance with regulation 14 and is one to which paragraph (7) of that regulation applies, a departure direction given in response to that application shall take effect - 


(a) from the first day of the maintenance period immediately following the date on which the absent parent and the parent with care have agreed the pattern of contact for the future is to commence; or

(b) where no such date has been so agreed, from the first day of the maintenance period immediately following the date upon which the departure direction is given.".

Insertion of regulation 34A into the Departure Direction Regulations
    19.After regulation 34 of the Departure Direction Regulations (cancellation of a departure direction on recognition of an error), there shall be inserted the following regulation - 

" Correction of accidental errors in departure directions
    34A. - (1) Subject to paragraphs (3) and (4), accidental errors in any departure direction made by the Secretary of State or record of such a departure direction may, at any time, be corrected by the Secretary of State and a correction made to, or to the record of, that departure direction shall be deemed to be part of that direction or of that record.

    (2) Where the Secretary of State has made a correction under the provisions of paragraph (1), he shall immediately notify the persons who were notified of the departure direction that has been corrected, so far as that is reasonably practicable.

    (3) In determining whether the time limit specified in section 28H(3) of the Act has been complied with, there shall be disregarded any day falling before the day on which notification was given or sent under paragraph (2).

    (4) The power to correct errors under this regulation shall not be taken to limit any other powers to correct errors that are exercisable apart from these Regulations.".

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Notes:

[1] 1991 c.48. Sections 28A to 28I of and Schedules 4A and 4B to the Child Support Act 1991 were inserted by sections 1 to 9 of the Child Support Act 1995 (1995 c.34).back

[2] Section 54 is cited because of the meaning ascribed to the word prescribed.back

[3] 1992 c.53.back

[4] S.I. 1992/2641; relevant amending instruments are S.I. 1995/1045, 1996/2450, 1996/2907, 1996/3196 and 1997/827.back

[5] S.I. 1992/1989.back

[6] S.I. 1996/2907.back

[7] S.I. 1992/1812; relevant amending instruments are S.I. 1995/1045, 1995/3261, 1996/1945 and 1996/2907.back

[8] S.I. 1992/1813; relevant amending instruments are S.I. 1993/913, 1994/227, 1995/123, 1995/1045, 1995/3261, 1996/1345 and 1996/3196.back

[9] S.I.1992/1815; relevant amending instruments are S.I. 1993/913, 1994/227, 1995/1045, 1995/3261, 1995/3265, 1996/481, 1996/1345, 1996/1803, 1996/1945, 1996/2907 and 1996/3196.back

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