Regulation 8 Waiver of an enforcement feeI1

Northern Ireland

(1)

An enforcement fee payable under regulation 6 F1(1) may be waived by the Department in the circumstances specified in paragraphs (2) to (6).

F2(1A)

An enforcement fee payable under regulation 6(2) may be waived in the circumstances specified in paragraphs (4)(c) and (6).

(2)

The circumstances specified in this paragraph are where an additional enforcement fee is payable with respect to concurrent or subsequent action of the same type taken by the Department in circumstances where—

(a)

the non-resident parent has more than one employer at the same time and the Department makes two or more deduction from earnings orders; or

(b)

the non-resident parent holds more than one account with a deposit-taker and the Department makes more than one regular deduction order or lump sum deduction order simultaneously.

(3)

The circumstances specified in this paragraph are where an additional enforcement fee is payable with respect to action taken to make an additional deduction from earnings order or additional regular deduction order in circumstances where—

(a)

the non-resident parent has changed employer;

(b)

the non-resident parent has changed their account held with a deposit-taker; or

(c)

the amount being collected under a prior deduction from earnings order or a prior regular deduction order has changed.

(4)

The circumstances specified in this paragraph are where—

(a)

an application for a liability order is made to a court, but no liability order results from the application;

(b)

a successful appeal or a successful challenge by way of judicial review has been made against the making of a deduction from earnings order, a regular deduction order or a lump sum deduction order; or

(c)

a deduction from earnings order, a regular deduction order or a lump sum deduction order has lapsed or been discharged due to an error or maladministration by the Department.

(5)

The circumstances specified in this paragraph are where a non-resident parent elects to pay child support maintenance by way of a deduction from earnings order.

(6)

The circumstances specified in this paragraph are where a deduction from earnings request is made F3, or a deduction from earnings request made against the non-resident parent is varied, when the non-resident parent to which it relates is committed to operations.

Annotations

Textual amendments

F1: Word in reg. 8(1) inserted (23.5.2016) by The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations (Northern Ireland) 2016 (S.R. 2016/193), regs. 1(1), 3(3)(a) (with reg. 1(2))
F2: Reg. 8(1A) inserted (23.5.2016) by The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations (Northern Ireland) 2016 (S.R. 2016/193), regs. 1(1), 3(3)(b) (with reg. 1(2))
F3: Words in reg. 8(6) inserted (23.5.2016) by The Child Support (Deduction Orders and Fees) (Amendment and Modification) Regulations (Northern Ireland) 2016 (S.R. 2016/193), regs. 1(1), 3(3)(c) (with reg. 1(2))

Commencement

I1: Reg. 8 in operation at 30.6.2014, see reg. 1(1)