The Child Support (Miscellaneous Amendments) Regulations 1996
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FAMILY LAW The Child Support (Miscellaneous Amendments) Regulations 1996
1.(1) These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 1996. (2) This regulation, regulations 4, 7, 8, 9, 12, 20, 21 and 22, and paragraphs (1) and (3) of regulation 18, of these Regulations shall come into force on 5th August 1996. The remaining regulations other, than paragraphs (3) and (6) of regulation 14, shall come into force on 7th October 1996 and those paragraphs shall come into force immediately following the coming into force of regulation 5 of the Social Security and Child Support (Jobseeker's Allowance) (Consequential Amendments) Regulations 1996[3]. (3) In these Regulations
2.(1) For regulation 17 of the Appeal Regulations (confidentiality) there shall be substituted the following regulation "Confidentiality 17.(1) No information such as is mentioned in paragraph (2), and which has been provided for the purposes of any proceedings to which these Regulations apply, shall be disclosed if, before the expiry of the period of 21 days specified in paragraph (3), written notification has been received from the person to whom the information relates that he does not consent to such disclosure. (2) The information referred to in paragraph (1) is
(3) Except where the appeal is made under section 46(7) of the Act or is one to which regulation 3(1)(b) applies, the clerk to the tribunal shall notify the person to whom the information referred to in paragraphs (1) and (2) relates of the provisions of those paragraphs and that disclosure of that information may be made, unless the written notification specified in paragraph (1) is received before the expiry of the period of 21 days, beginning with the date the notification by the clerk to the tribunal was given or sent to that person."
3. In the definition of "interim maintenance assessment" in paragraph (1) of regulation 8 of the Collection and Enforcement Regulations (interpretation), for the words "regulation 8(1B)" there shall be substituted the words "regulation 8(3)".
4. In paragraph (3) of regulation 11 of the Collection and Enforcement Regulations, (protected earnings rate), after the words "interim maintenance assessment", there shall be inserted the words ", except a Category B interim maintenance assessment,".
5. In paragraph (2) of regulation 1 of the Fees Regulations (citation, commencement and interpretation), after the definition of "collection fee" there shall be inserted the following definitions
"the Earnings Top-up Scheme" means the Earnings Top-up Scheme 1996[10];"
6. In paragraph (5) of regulation 3 of the Fees Regulations (liability to pay fees), after sub-paragraph (d) there shall be added the following sub-paragraph
7.(1) Regulation 2 of the Information, Evidence and Disclosure Regulations (persons under a duty to furnish information or evidence), shall be amended in accordance with the following provisions of this regulation. (2) After paragraph (1), there shall be inserted the following paragraph
(3) In sub-paragraph (e) of paragraph (2), after the word "sub-paragraphs" there shall be inserted "(aa), (ab),".
8.(1) Regulation 3 of the Information, Evidence and Disclosure Regulations (purposes for which information or evidence may be required) shall be amended in accordance with the following provisions of this regulation. (2) After sub-paragraph (a) of paragraph (1), there shall be inserted the following sub-paragraphs
(3) After sub-paragraph (h) of paragraph (1), there shall be inserted the following sub-paragraph
9. At the end of paragraph (2) of regulation 15A of the Maintenance Assessment Procedure Regulations, (notification of reinstatement of a maintenance assessment), there shall be added "and where the review is carried out under section 19(1)(d) of the Act, except where that review is of the cancellation of a Category A or Category D interim maintenance assessment, as to the provisions of section 18 of the Act and regulations 24(1) and 31A(8).".
10. For paragraph (1) of regulation 31 of the Maintenance Assessment Procedure Regulations (effective dates following a review under section 16 or 17 of that Act), there shall be substituted the following paragraph
11. In paragraph (3) of regulation 31C of the Maintenance Assessment Procedure Regulations (effective dates in specific cases), for the words "that determined" to the end of that paragraph there shall be substituted the words "the correct effective date applicable to the maintenance assessment which is being reviewed".
12.(1) Regulation 33 of the Maintenance Assessment Procedure Regulations (maintenance periods) shall be amended in acordance with the following provisions of this regulation. (2) For paragraph (6), there shall be substituted the following paragraph
(3) After paragraph (8) there shall be added the following paragaph
13.(1) Regulation 35 of the Maintenance Assessment Procedure Regulations (periods for compliance with obligations imposed by section 6 of the Act) shall be amended in accordance with the following provisions of this regulation. (2) For paragraph (2), there shall be substituted the following paragraph
(3) In paragraph (3), for the words "the Secretary of State refers a case to a child support officer and the" there shall be substituted the word "a".
14.(1) Regulation 36 of the Maintenance Assessment Procedure Regulations (amount of and period of reduction of relevant benefit under a reduced benefit direction) shall be amended in accordance with the following provisions of this regulation. (2) In paragraph (2), for the words "26 weeks" there shall be substutited the words "156 weeks" and for the formula
(3) Paragraphs (3) and (9) shall be omitted. (4) In paragraph (4), after the word "paragraphs" there shall be inserted "(4A),". (5) After paragraph (4) there shall be inserted the following paragraph
(6) For paragraph (6), there shall be substituted the following paragraph
15. In paragraph (4) of regulation 38 of the Maintenance Assessment Procedure Regulations (suspension of a reduced benefit direction when relevant benefit ceases to be payable), the words "and (3)" shall be omitted.
16. In paragraph (2) of regulation 39 of the Maintenance Assessment Procedure Regulations (reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable), the words "and (3)" shall be omitted.
17.(1) Regulation 47 of the Maintenance Assessment Procedure Regulations (reduced benefit directions where there is an additional qualifying child) shall be amended in accordance with the following provisions of this regulation. (2) For paragraph (3) there shall be substituted the following paragraph
(3) In paragraph (4), for the words "shall be determined in accordance with paragraphs (6) and (7)." there shall be substituted the words "for the extended period shall be determined in accordance with regulation 36(2).". (4) In paragraph (5), for the formula
(5) Paragraphs (6) and (7) shall be omitted.
18.(1) Paragraph (2) of regulation 1 of the Maintenance Assessments and Special Cases Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation. (2) After the definition of "earnings", there shall be inserted the following definitions
"The Earnings Top-up Scheme" means the Earnings Top-up Scheme 1996[11];" . (3) For the definition of "family" there shall be substituted the following definitions
19. In paragraph (1)(b) of regulation 9 of the Maintenance Assessments and Special Cases Regulations (exempt income), for "18" there shall be substituted "16 and 18".
20.(1) Regulation 11 of the Maintenance Assessments and Special Cases Regulations (protected income) shall be amended in accordance with the following provisions of this regulation. (2) In paragraph (1), for the words "and (6)" there shall be substituted the words ", (6) and (6A)". (3) After paragraph (6), there shall be inserted the following paragraph
(4) In paragraph (7), after the words "paragraph (6)" there shall be inserted the words "or (6A)".
21. In paragraph (1) of regulation 12 of the Maintenance Assessments and Special Cases Regulations (disposable income), after the words "regulation 11 (6)" in sub-paragraphs (a) and (b), there shall be inserted the words "or (6A)".
22. For regulation 16 of the Maintenance Assessments and Special Cases Regulations (weekly amount of housing costs), there shall be substituted the following regulation "Weekly amount of housing costs 16.(1) Where a parent pays housing costs
(2) Where housing costs consist of payments on a repayment mortgage and the absent parent or parent with care has not provided information or evidence as to the rate of repayment of the capital secured and the interest payable on that mortgage at the effective date and that absent parent or parent with care has provided a statement from the lender, in respect of a period ending not more than 12 months prior to the first day of the relevant week, for the purposes of the calculation of exempt income under regulation 9 and protected income under regulation 11
23. After sub-paragraph (c) of paragraph (2) of regulation 19 of the Maintenance Assessments and Special Cases Regulations (both parents are absent), there shall be added the following sub-paragraph
24.(1) Schedule 1 to the Maintenance Assessments and Special Cases Regulations (calculation of N and M), shall be amended in accordance with the following provisions of this regulation. (2) For head (d) of paragraph 1(1) there shall be substituted the following head
(3) In sub-paragraph (3)(a) of paragraph 7, before the words "weekly earnings" there shall be inserted the word "normal". (4) After paragraph 14, there shall be inserted the following paragraph
(2) Subject to sub-paragraphs (3) and (4), where earnings top-up is payable and the amount which is payable has been calculated by reference to the weekly earnings of either the absent parent and another person or the parent with care and another person
(3) Where any earnings top-up is in payment and, not later than the effective date, the person, or, if more than one, each of the persons by reference to whose engagement and normal engagement in remunerative work that payment has been calculated is no longer the partner of the person to whom that payment is made, the payment in question shall be treated as the income of the parent in question only where that parent is in receipt of it. (4) Where earnings top-up is in payment and, not later than the effective date, either or both of the persons by reference to whose engagement and normal engagement in remunerative work that payment has been calculated has ceased to be employed, half of the amount payable by way of earnings top-up shall be treated as the income of the parent in question." (5) In paragraph 15, after the words "Schedule" there shall be inserted the words "except payments or other amounts which are excluded from the definition of "earnings" by virtue of paragraph 1(2)".
25.(1) The provisions of regulation 33 of the Maintenance Assessment Procedure Regulations in force prior to 5th August 1996 shall continue to apply to any application made prior to that date. (2) The provisions of regulation 35 of the Maintenance Assessment Procedure Regulations in force prior to 7th October 1996 shall continue to apply to any case where the failure to comply referred to in paragraph (1) of that regulation arose prior to that date. (3) The provisions of regulation 36 of the Maintenance Assessment Procedure Regulations in force prior to 7th October 1996 shall continue to apply to a parent in respect of whom a reduced benefit direction was given prior to that date. (4) The provisions of regulation 47 of the Maintenance Assessment Procedure Regulations in force prior to 7th October 1996 shall continue to apply to any reduced benefit direction made prior to that date, and in relation to an earlier direction referred to in paragraph (4) of that regulation, which was in force prior to that date, whether or not the further direction referred to in that paragraph was made after that date. (5) The provisions of regulation 19 of the Maintenance Assessments and Special Cases Regulations in force prior to 7th October 1996 shall continue to apply to any application made prior to that date and those provisions, as amended by regulation 23, shall not apply to a maintenance assessment in force on that date until it is first reviewed after that date under section 16, 17 or 18 of the Act.
(This note is not part of the Regulations)
regulation 33 is amended to make provision for maintenance periods to coincide where more than one application for a maintenance assessment is being dealt with at the same time (regulation 12); Part IX is amended to provide that a case may be referred by the Secretary of State to a Child Support Officer two weeks after notification of intention to refer, if the parent with care has not set out in writing her reasons for contending that harm or undue distress might result from compliance with a requirement under section 6 of the Act. It is also amended to allow for a further Reduced Benefit Direction to be issued on the expiry of the previous one if the parent continues to fail to comply with a requirement imposed under that section; and to provide for a reduction for 156 weeks of 40 per cent. of the income support personal allowance for a single claimant of 25 or over (regulations 13 to 17).
regulation 11 is amended to ensure that an absent parent is always left with 70 per cent. of his net income after deduction of maintenance (regulation 20); regulation 19 is amended to provide for the maintenance requirement to be halved where an application is made in relation to only one parent, where both are absent (regulation 23); Schedule 1 is amended to make it clear that earnings include reimbursement by an employer of travelling expenses between home and work and the expenses of caring for a member of the parent's family while he is absent from the home (regulation 24).
ISBN 0 11 062812 8 Notes: [2] Section 54 is cited because of the meaning ascribed to the word "prescribed". back [5] S.I. 1992/1989. Regulations 8(1) and 11 were amended by S.I. 1995/1045. back [6] S.I. 1992/3094. Regulation 1 was amended by S.I. 1994/227 and regulation 3 by S.I. 1994/227 and S.I. 1995/1045. Regulation 3 is also amended, with effect from 7th October 1996, by S.I. 1996/1345. back [7] S.I. 1992/1812. Regulation 2 was amended by S.I. 1995/123, S.I. 1995/1045 and S.I. 1995/3261 and regulation 3 by S.I. 1995/1045 and S.I. 1995/3261. back [8] S.I. 1992/1813. Regulation 31 was substituted, regulations 15A and 31C inserted and regulation 33 amended by S.I. 1995/3261. Regulation 36 was amended by S.I. 1995/1045. Regulations 36, 38, 39 and 47 are amended, with effect from 7th October 1996, by S.I. 1996/1345. back [9] S.I. 1992/1815. Regulations 1(2) and 9 were amended by S.I. 1993/913, S.I. 1995/1045 and S.I. 1995/3261. Regulation 11 was amended by S.I. 1994/227, S.I. 1995/1045 and S.I. 1995/3261. Regulations 12 and 16 were amended by S.I. 1995/1045. Relevant amendments to Schedule 1 were made by S.I. 1995/1045. Regulation 1(2) and Schedule 1 are also amended, with effect from 7th October 1996, by S.I. 1996/1345. back [10] This Scheme, which applies only in certain parts of Great Britain, is an extra-statutory Scheme, introduced by the Secretary of State for Social Security, having effect on 8th October 1996. Copies of the rules of this Scheme may be obtained from the Customer Services Manager, Earnings Top-up, Norcross, Blackpool FY5 3TA. back [11] This Scheme, which applies only in certain parts of Great Britain, is an extra-statutory Scheme, introduced by the Secretary of State for Social Security, having effect on 8th October 1996. Copies of the rules of this Scheme may be obtained from the Customer Services Manager, Earnings Top-up, Norcross, Blackpool FY5 3TA. back |
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