# The Child Support (Management of Payments and Arrears and Fees) (Amendment) Regulations 2023 Draft 2023, ISBN 9780348253641 Regulations 3 to 6 amend the Child Support (Management of Payments and Arrears) Regulations 2009 (S.I. 2009/3151) to make provision for further circumstances in which the Secretary of State may extinguish liability in respect of arrears of child support maintenance where it appears to the Secretary of State that it would be unfair or otherwise inappropriate to enforce liability in respect of those arrears. Made under: Child Support Act 1991 (Section 41E, Section 51, Section 52); Child Maintenance and Other Payments Act 2008 (Section 6, Section 55) PDFs: Printed copy https://openlegislation.uk/draft-child-support-management-of-payments-and-arrears-and-fees-amendment-regulations-2023/pdf/ukdsi_9780348253641_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/draft-child-support-management-of-payments-and-arrears-and-fees-amendment-regulations-2023/pdf/ukdsiem_9780348253641_en_001.pdf ## Introductory text Draft Regulations laid before Parliament under section 52(2)(a) of the Child Support Act 1991 and section 55(5)(a) of the Child Maintenance and Other Payments Act 2008, for approval by resolution of each House of Parliament. Family Law Child Support Made *** Coming into force 26th February 2024 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 41E, 51(1) and 52(4) of the Child Support Act 1991 (“the 1991 Act”) and sections 6(1) and 55(3) and (4) of the Child Maintenance and Other Payments Act 2008 (“the 2008 Act”). In accordance with section 52(2)(a) of the 1991 Act and section 55(5)(a) of the 2008 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. ## Part 1: Introduction ## 1 Citation, commencement and extent (1) These Regulations may be cited as the Child Support (Management of Payments and Arrears and Fees) (Amendment) Regulations 2023. (2) These Regulations come into force on 26th February 2024. (3) These Regulations extend to England and Wales and Scotland. ## Part 2: The Child Support (Management of Payments and Arrears) Regulations 2009 ## 2 Interpretation In this Part “the 2009 Regulations” means the Child Support (Management of Payments and Arrears) Regulations 2009. ## 3 Amendment of the 2009 Regulations The 2009 Regulations are amended in accordance with regulations 4 to 6. ## 4 Amendment to regulation 13G (circumstances in which the Secretary of State may exercise the power in section 41E of the 1991 Act) In regulation 13G— (a) omit the “or” after paragraph (i); (b) at the end of paragraph (j) insert— “; (k) the arrears relate to liability for child support maintenance accrued under a 2012 scheme case where all of the following apply— (i) a maintenance calculation has ceased to have effect under one or more of the following provisions of the 1991 Act— (aa) section 4(5) and (6) (a person who requested a maintenance calculation requests the Secretary of State to cease acting); (bb) section 7(6) and (7) (child in Scotland who requested a maintenance calculation requests the Secretary of State to cease acting); (cc) Schedule 1, paragraph 16(1) (termination of calculations), (ii) the arrears are less than £7, and (iii) the non-resident parent has failed to make any payments within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act (power to write off arrears); or (l) the arrears relate to liability for child support maintenance accrued under a 2012 scheme case where all of the following apply— (i) the Secretary of State does not have jurisdiction to make a maintenance calculation under section 44 of the 1991 Act, (ii) as a result of sub-paragraph (i), the Secretary of State has made a supersession decision under section 17(1) of the 1991 Act, (iii) the arrears are less than £7, and (iv) the non-resident parent has failed to make any payments within the 3 month period which precedes the date of the decision of the Secretary of State under section 41E(1) of the 1991 Act (power to write off arrears).”. ## 5 Amendment to regulation 13H (Secretary of State required to give notice) In regulation 13H, in paragraph (2) (Secretary of State required to give notice: exceptions), after “13G(j),”, insert “13G(k), 13G(l),”. ## 6 Amendment to regulation 13J (notification of decision to write off) In regulation 13J, in paragraph (2) (notification of decision to write off: exceptions), for “regulation 13K(1)(a) or (2)(a)” substitute “regulations 13G(k) or (l) or 13K(1)(a) or (2)(a)”. ## Part 3: The Child Support Fees Regulations 2014 ## 7 Omission of Part 2 Omit Part 2 (application fee) of the Child Support Fees Regulations 2014. ## Signature Signed by authority of the Secretary of State for Work and Pensions Name Parliamentary Under Secretary of State for Work and Pensions Department for Work and Pensions Date ## Explanatory note (This note is not part of the Regulations) Regulations 3 to 6 amend the Child Support (Management of Payments and Arrears) Regulations 2009 (S.I. 2009/3151) to make provision for further circumstances in which the Secretary of State may extinguish liability in respect of arrears of child support maintenance where it appears to the Secretary of State that it would be unfair or otherwise inappropriate to enforce liability in respect of those arrears. These further circumstances in which the Secretary of State may extinguish liability arise when a maintenance calculation has ceased under specific provisions of the Child Support Act 1991, the arrears are less than £7 and the non-resident parent has failed to make any payments in the three months preceding the date on which the Secretary of State makes the decision to extinguish liability. Regulation 7 revokes Part 2 of the Child Support Fees Regulations 2014 (S.I. 2014/612) to remove the application fee for child support maintenance from the date the revocation comes into force in accordance with regulation 1(2). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk. --- Source: https://www.legislation.gov.uk/ukdsi/2023/9780348253641 (the official version) Page: https://openlegislation.uk/draft-child-support-management-of-payments-and-arrears-and-fees-amendment-regulations-2023 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.