Regulation 3 Arrears noticesC1

(1)

This regulation applies to a case where—

F1(a)

include the amount of all outstanding arrears of child support maintenance due and not paid;

(b)

the non-resident parent has failed to make one or more payments of child support maintenance due.

(2)

Where the F2Secretary of State is considering taking action with regard to a case falling within paragraph (1) the Secretary of State must serve a notice on the non-resident parent.

(3)

The notice must—

(a)

itemize the payments of child support maintenance due and not paid;

(b)

set out in general terms the provisions as to arrears contained in this regulation and regulation 8 of the AIMA Regulations M1; and

(c)

request the non-resident parent make payment of all outstanding arrears.

(4)

Where a notice has been served under paragraph (2), no duty to serve a further notice under that paragraph arises in relation to further arrears unless those further arrears have arisen after an intervening continuous period of not less than 12 weeks during the course of which all payments of child support maintenance due from the non-resident parent have been paid on time in accordance with regulations made under section 29 of the 1991 Act.

Annotations

Textual amendments

F1: Reg. 3(3)(a) substituted (30.4.2012) by The Child Support (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/712), regs. 1(1), 3
F2: Words in reg. 3(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. 121(2)(b)

Marginal citations

M1: Regulation 8 was substituted by S.I. 1995/3261 and amended by S.I. 1996/1345 and 2001/162. References to the Secretary of State in that regulation are treated as references to the Commission by virtue of paragraph 55(3) of Schedule 3 to the 2008 Act, as the function of the Secretary of State was transferred to the Commission by section 13 of that Act.

Modifications

C1: Reg. 3 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 6(3) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

Notes on the whole SI

Textual amendments

F1: Part 4A - 4B inserted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 2(3)