Regulation 4 Prescribed circumstances
In relation to cases of arrears which have become due under a maintenance assessment falling within section 27(1)(a) of the 2000 Act or a fresh maintenance assessment falling within section 27(1)(b) of the 2000 Act or regulation 2(1), the prescribed circumstances for the purposes of section 27(3) of the 2000 Act are that—
more than 6 months of arrears of child support maintenance have become due under the maintenance assessment;
at least 3 months of those arrears are due to unreasonable delay due to an act or omission by the Secretary of State or a child support officer as the case may be;
the Secretary of State is authorised under section 29(1) of the Child Support Act to arrange for the collection of child support maintenance payable in accordance with the maintenance assessment;
the Secretary of State is satisfied that the absent parent is, at the time the agreement is made, making such payments as are required of him in accordance with regulations made under section 29(3)(b) or (c) of the Child Support Act;
where the absent parent is liable to make child support maintenance payments under a different maintenance assessment, there are no existing arrears in relation to any of them at the time the agreement is made, except for those arrears that the Secretary of State is satisfied have arisen through no fault of the absent parent; and
in relation to cases under section 27(1)(b) of the 2000 Act or regulation 2(1), the absent parent has paid any arrears which he has been required to pay in relation to the maintenance assessment, or has done so except in relation to—
arrears of at least 3 months which are due to unreasonable delay due to an act or omission of the Secretary of State or a child support officer as the case may be; or
any other arrears that the Secretary of State is satisfied have arisen through no fault of the absent parent.
In this regulation “agreement" means an agreement under section 27 of the 2000 Act.