Regulation 25I Variation of a regular deduction orderF1

England, Wales and Scotland

(F21)

Subject to regulation 25IA, the Secretary of State may vary a regular deduction order by changing the amount to be deducted in the circumstances set out in paragraph (2).

C1(2)

The circumstances are that—

(a)

the F3Secretary of State has accepted—

(i)

that a payment of arrears has been made by the liable person, and

(ii)

no alternative method of payment of child support maintenance has been arranged;

(b)

a decision has been made under section 11, 12, 16 or 17 of the Act or there has been an appeal against a maintenance calculation;

(c)

the Secretary of State has reviewed the order under regulation 25G (review of a regular deduction order); F4...

(d)

there has been an appeal under regulation 25AB(1)(a) or (b) (appeals)F5; or

(e)

where the order is made in respect of a joint account, the amount contributed to the account by the liable person has changed or the Secretary of State has reason to believe that it will change within 3 months of the date on which the order is made or varied.

(3)

The F6Secretary of State may from time to time vary the deduction period F7or the deduction dates.

(4)

Where—

(a)

a regular deduction order has been varied under this regulation; and

(b)

a copy of the order as varied has been served on the deposit-taker at which it is directed,

that deposit-taker must comply with the order; but the deposit-taker is not to be under any liability for non-compliance before the end of the period of 7 days beginning on the day on which the copy of the order as varied is served on the deposit-taker.

F8(5)

Paragraphs (2) and (4) of this regulation also apply to a regular deduction order made in respect of a joint account.

Annotations

Textual amendments

F1: Pt. 3A inserted (3.8.2009) by Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009 (S.I. 2009/1815), regs. 1(1), 2
F2: Reg. 25I(1) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(a)
F3: Words in reg. 25I(1)(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 111(6)
F4: Word in reg. 25I(2)(c) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(b)(i)
F5: Reg. 25I(2)(e) and word inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(b)(ii)
F6: Words in reg. 25I(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 111(6)
F7: Words in reg. 25I(3) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(c)
F8: Reg. 25I(5) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(d)

Modifications

C1: Reg. 25I(2) modified (temp in part until 22.5.2021) (23.5.2016) by The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations 2016 (S.I. 2016/439), reg. 1(1)(2), 2(2)