Explanatory note

These Regulations make miscellaneous amendments and amendments consequential on the Child Support Fees Regulations (Northern Ireland) 2014 (“the Fees Regulations”) to various Child Support Regulations.

Regulation 2 modifies the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 (“the 1992 Regulations”) in relation to cases administered under the 2012 scheme of child support. The modifications are consequential on the introduction of charging of collection fees (a fee payable in a case where the Department arranges for collection of child maintenance) and enforcement fees (a fee payable where the Department takes enforcement action) under the Fees Regulations. A new definition of “fee” is inserted into the 1992 Regulations, which means a collection fee or an enforcement fee payable under the Fees Regulations. Regulation 3 of the 1992 Regulations is modified so that the Department may specify a method of payment for collection and enforcement fees and so that the Department may require a person liable to pay child maintenance and fees (“the liable person”) to take reasonable steps to open an account from which payments of child maintenance and collection fees can be made. Regulation 3 is further modified so that, when the Department is considering specifying a deduction from earnings order as the method of payment, it is not relevant that a third party would become aware, or that the liable person prefers that their employer would not be informed, of that person’s liability to pay a fee or the amount of the fee payable. Regulation 4 of the 1992 Regulations is modified so that the Department may schedule payments of collection fees in the same way that child maintenance is scheduled. Regulation 7 of the 1992 Regulations is modified so that when a maintenance calculation is made the Department must send the liable person a notice stating, in relation to child maintenance and collection fees (where payable): the amount payable, to whom payments are to be made, the method of payment, the day and interval by reference to which payments are to be made and the amount of any overdue child maintenance or collection fees. Provision is also made so that when an enforcement fee becomes payable the liable person must be sent a notice stating the amount of the enforcement fee payable and the enforcement action in respect of which it is payable. In both scenarios, the notice must be sent as soon as is reasonably practicable. Paragraphs (6), (7)(a), (8) and (9) of Regulation 2 of the Regulations make modifications to provisions relating to enforcement so that, where relevant, reference is also made to fees. Paragraph (7)(b) modifies Regulation 20 of the 1992 Regulations so that a deduction from earnings order may be discharged where the Department agrees an alternative method of payment of fees and child maintenance with the liable person and considers that discharging the order reasonable.

Regulation 3 modifies the Child Support (Management of Payments and Arrears) Regulations (Northern Ireland) 2009 so that the modifications made apply only in relation to cases administered under the 2012 scheme of child support.

Regulation 4 amends the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012. Regulation 11 is amended so that the Department must send a notice under regulation 11 where: an application has been made; the address of the non-resident parent has been ascertained and verified. The notice must normally be sent as soon as is reasonably practicable, unless the provisions for cases affected by the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations (Northern Ireland) 2014 apply. Regulation 12 is amended so that the initial effective date is the date provided in the notice given under regulation 11. Notice of that date must be given to the non-resident parent either by post at least two days before the initial effective date or by phone on or before that date and by post. Regulation 14 is amended so that a new paragraph (3A) is inserted to provide for certain decisions to be revised at any time.