Regulation 2 Modification of the Child Support (Collection and Enforcement) Regulations

(1)

The Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992^f1 are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support (Northern Ireland) Order 1991 as amended by paragraph 2 of Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008, as if they had been amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2)^f2—

(i)

after the definition of “the Order” insert—

““collection fee” means a fee payable by a non-resident parent under regulation 3 of the Child Support Fees Regulations (Northern Ireland) 2014^f3;

“enforcement fee” means a fee payable under regulation 6 of the Child Support Fees Regulations (Northern Ireland) 2014;”; and

(ii)

in the definition of “liable person” after “maintenance” insert “or liable to make payment of a fee (or both)”, and

(b)

for paragraph (2A)^f4 substitute—

“(2A)
Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations “fee” means a collection fee or an enforcement fee (or both).”.

(3)

In regulation 3 (method of payment)—

(a)

in paragraph (2)^f5 after “paragraph (1)” insert “and from which payments of collection fees (where payable) may be made”; and

(b)

in paragraph (6)(b) and (c)^f6 after “liability” insert “, that parent’s liability to pay a fee or the amount of a fee payable by that parent”.

(4)

In regulation 4(1)^f7 (payments to be scheduled over reference period) after “payments of child support maintenance” insert “and any collection fees”.

(5)

In regulation 7 (notice to liable person as to requirements about payment)—

(a)

in paragraph (1)^f8—

(i)

in sub-paragraph (a) after “child support maintenance” insert “and any collection fees”,

(ii)

in sub-paragraph (b) for “it is” substitute “child support maintenance and any collection fees are”,

(iii)

in sub-paragraph (c) after “payment” insert “of child support maintenance and any collection fees”,

(iv)

in sub-paragraph (d) after “payments” insert “of child support maintenance and any collection fees”, and

(v)

in sub-paragraph (e) after “child support maintenance” insert “and any payment of a collection fee”;

(b)

in paragraph (1A)^f9 for “, interest or fees”, in both places, substitute “or interest”;

(c)

after paragraph (1A) insert—

“(1B)
In the case of an enforcement fee, the Department shall send the liable person a notice stating—

(a)
the amount of the enforcement fee payable; and

(b)
the method of enforcement action in respect of which that fee is payable.”;

(d)

in paragraph (3)^f10 for “, interest or fees” substitute “or interest”; and

(e)

after paragraph (3) add—

“(4)
A notice under paragraph (1B) shall be sent to the liable person as soon as is reasonably practicable after an enforcement fee becomes payable.”.

(6)

In regulation 17(1)(b)^f11 (requirement to review deduction from earnings orders)—

(a)

after “any arrears” insert “of child support maintenance, arrears of collection fees”; and

(b)

for “or fees” substitute “or enforcement fee”.

(7)

In regulation 20 (discharge of deduction from earnings orders)—

(a)

in paragraph (1)^f12—

(i)

after “where” insert “paragraph (1A) applies or”; and

(ii)

in sub-paragraph (f) after “maintenance calculation” insert “and any requirement to pay collection fees”; and

(b)

after paragraph (1) insert—

“(1A)
This paragraph applies where the Department—

(a)
has agreed with the liable person an alternative method of payment of the child support maintenance due under the maintenance calculation and an alternative method of payment of fees (where payable); and

(b)
considers it is reasonable to discharge the order in the circumstances of the case.”.

(8)

In regulation 26(2)^f13 (notice of intention to apply for a liability order) for “or fees” substitute “, collection fees or enforcement fees”.

(9)

In Schedule 1 (liability order prescribed form) after “Part IV of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992” insert “and Parts 2 and 3 of the Child Support Fees Regulations (Northern Ireland) 2014”.

Annotations

Footnotes

f1: S.R 1992 No. 390; relevant amending Regulations are S.R. 1995 No. 162, S.R. 2001 No. 15, S.R. 2008 No. 409 and S.R. 2012 No. 438
f2: To which there are amendments not relevant to these Regulations
f3: S.R. 2014 No. 182
f4: Paragraph (2A) was inserted by regulation 3(2)(b) of S.R. 2001 No. 15
f5: Paragraph (2) is amended by regulation 3(4)(c) of S.R. 2001 No. 15
f6: Paragraph (6) was inserted by regulation 3(2)(c) of S.R. 2008 No. 409
f7: Regulation 4 is substituted by regulation 4(2) of S.R. 2012 No. 438
f8: Paragraph (1) is amended by regulation 3(6)(a) of S.R. 2001 No. 15
f9: Paragraph (1A) is inserted by regulation 3(6)(b) of S.R. 2001 No. 15
f10: Paragraph (3) was added by regulation 3(6)(d) of S.R. 2001 No. 15
f11: Regulation 17 was substituted by regulation 4(8) of S.R. 1995 No. 162 and paragraph (1) is amended by regulation 3(13) of S.R. 2001 No. 15
f12: Paragraph (1) was substituted by regulation 4(9) of S.R. 1995 No. 162 and sub-paragraph (f) is amended by regulation 3(14) of S.R. 2001 No. 15
f13: Paragraph (2) is amended by regulation 3(17) of S.R. 2001 No. 15