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The Child Support (Collection and Enforcement) Regulations 1992

S.I. 1992/1989 · Made 17 August 1992 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 26 May 2022.

FAMILY LAW

CHILD SUPPORT

Made 17th August 1992

Laid before Parliament 26th August 1992

Coming into force 5th April 1993

The Secretary of State for Social Security, in exercise of the powers conferred by sections 29(2) and (3), 31(8), 32(1) to (5) and (7) to (9), 34(1), 35(2), (7) and (8), 39(1), (3) and (4), 40(4), (8) and (11), 51, 52 and 54 of the Child Support Act 1991M1 and of all other powers enabling him in that behalf, hereby makes the following Regulations:C1

Annotations to the whole text

Marginal citations

M1

1991 c.48. Section 54 is cited because of the meaning ascribed to the word “prescribed”.

Modifications

C1

Instrument modified (temp. until 22.5.2021) (7.11.2016) by The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016 (S.I. 2016/982), reg. 3(3) (with reg. 1(2))

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and interpretation
  3. 1AUse of electronic communications
  4. Part II: COLLECTION OF CHILD SUPPORT MAINTENANCE
  5. 2Payment of child support maintenance
  6. 3Method of payment
  7. 4Payments to be scheduled over reference period
  8. 5Transmission of payments
  9. 5AVoluntary Payments
  10. 6Representations about payment arrangements
  11. 7Notice to liable person as to requirements about payment
  12. Part IIA: COLLECTION OF PENALTY PAYMENTS
  13. 7APayment of a financial penalty
  14. Part III: DEDUCTION FROM EARNINGS ORDERS
  15. 8Interpretation of this Part
  16. 9Deduction from earnings orders
  17. 10Normal deduction rate
  18. 11Protected earnings proportion
  19. 12Amount to be deducted by employer
  20. 13Employer to notify liable person of deduction
  21. 14Payment by employer to Secretary of State
  22. 15Information to be provided by liable person
  23. 16Duty of employers and others to notify Secretary of State
  24. 17Requirement to review deduction from earnings orders
  25. 18Power to vary deduction from earnings orders
  26. 19Compliance with deduction from earnings order as varied
  27. 20Discharge of deduction from earnings orders
  28. 21Lapse of deduction from earnings orders
  29. 22Appeals against deduction from earnings orders
  30. 23Crown employment
  31. 24Priority as between orders
  32. 25Offences
  33. Part 3A: Deduction Orders
  34. Chapter 1: Interpretation
  35. 25AInterpretation of this Part
  36. 25A1Regular deduction order in respect of a joint account
  37. Chapter 2: Regular Deduction Orders
  38. 25BRegular deduction orders
  39. 25CMaximum deduction rate
  40. 25DMinimum amount
  41. 25ENotification by the deposit-taker to the Secretary of State
  42. 25FNotification by the Secretary of State to the deposit-taker
  43. 25GReview of a regular deduction order
  44. 25HPriority as between orders – regular deduction orders
  45. 25IVariation of a regular deduction order
  46. 25IAVariation of a regular deduction order in respect of a joint account
  47. 25JLapse of a regular deduction order
  48. 25KRevival of a regular deduction order
  49. 25KARevival of a regular deduction order proposed in respect of a joint account
  50. 25LDischarge of a regular deduction order
  51. Chapter 3: Lump Sum Deduction Orders
  52. 25MPeriod in which representations may be made
  53. 25MANotice where an interim lump sum deduction order has been made in respect of a joint account
  54. 25NDisapplication of sections 32G(1) and 32H(2)(b) of the Act
  55. 25OInformation
  56. 25PPriority as between orders – lump sum deduction orders
  57. 25QMinimum amount
  58. 25RVariation of a lump sum deduction order
  59. 25SLapse of a lump sum deduction order
  60. 25TRevival of a lump sum deduction order
  61. 25UDischarge of a lump sum deduction order
  62. 25VTime at which a lump sum deduction order under section 32E of the Act ceases to be in force
  63. 25WMeaning of “the relevant time”
  64. Chapter 4: General Matters for Deduction Orders
  65. 25XAccounts of a prescribed description
  66. 25XADeduction orders in respect of joint accounts
  67. 25XBSharing information with account-holders
  68. 25XCInformation provided by a deposit-taker before the making of an order
  69. 25YCircumstances in which amounts standing to the credit of an account are to be disregarded
  70. 25ZAdministrative costs
  71. 25AAPayment by deposit-taker to the Secretary of State
  72. 25ABAppeals
  73. 25ACOffences
  74. 25ADSecretary of State to warn of consequences of failing to comply with an order or to provide information
  75. 25AEReview
  76. Part IV: LIABILITY ORDERS
  77. 26Extent of this Part
  78. 27Notice of intention to apply for a liability order
  79. 28Application for a liability order
  80. 29Liability orders
  81. 30Enforcement of liability orders by distress
  82. 31Appeals in connection with distress
  83. 32Charges connected with distress
  84. 33Application for warrant of commitment
  85. 34Warrant of commitment
  86. 35Disqualification from driving order
  87. 35ADisqualification for holding or obtaining a United Kingdom passport
  88. Signature
  89. Schedule A1: Electronic Communications
  90. Part 1: Use of Electronic Communications
  91. 1Use of electronic communications
  92. 2Conditions for the use of electronic communications
  93. 3Use of intermediaries
  94. Part 2: Evidential provisions
  95. 4Proof of delivery
  96. 5Proof of identity
  97. 6Proof of content
  98. 7Interpretation
  99. Schedule 1: LIABILITY ORDER PRESCRIBED FORM
  100. Paragraph
  101. Paragraph
  102. Paragraph
  103. Paragraph
  104. Paragraph
  105. Paragraph
  106. Paragraph
  107. Paragraph
  108. Paragraph
  109. Schedule 2: CHARGES CONNECTED WITH DISTRESS
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. Schedule 3: FORM OF WARRANT OF COMMITMENT
  114. Paragraph
  115. Paragraph
  116. Paragraph
  117. Paragraph
  118. Paragraph
  119. Paragraph
  120. Paragraph
  121. Paragraph
  122. Paragraph
  123. Paragraph
  124. Paragraph
  125. Paragraph
  126. Paragraph
  127. Paragraph
  128. Paragraph
  129. Paragraph
  130. Paragraph
  131. Schedule 4Schedule 4
  132. Schedule 5Schedule 5
  133. Explanatory note