PART 1 Citation, commencement and interpretation

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Child Support Fees Regulations 2014.

(2) In these Regulations—

“ the 1991 Act ” means the Child Support Act 1991;

“ the 2008 Act ” means the Child Maintenance and Other Payments Act 2008;

^M5 “ non-resident parent ” has the meaning given in section 3(2) (meaning of certain terms) of the 1991 Act .

^M6 (3) Subject to paragraphs (4) and (5), these Regulations come into force on the day on which section 137 (collection of child support maintenance) of the Welfare Reform Act 2012 comes into force.

(4) Regulations 6, 7, 8, 14 and 15 come into force on the day falling six weeks after the day on which section 137 of the Welfare Reform Act 2012 comes into force.

(5) This regulation and regulation 13 come into force—

(a) for the purposes of making regulations, on the day following the day on which these Regulations are made; and

(b) for all other purposes, on the day on which section 137 of the Welfare Reform Act 2012 comes into force.

PART 2 Application fee

Interpretation of this Part

^F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The application fee

^F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waiver of the application fee

^F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repayment of the application fee

^F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Collection fee

Interpretation of this Part

6. For the purposes of this Part—

^M7 “ child support maintenance ” means child support maintenance calculated under Part 1 of Schedule 1 to the 1991 Act as amended by Schedule 4 to the 2008 Act, which has accrued on or after the date on which this regulation comes into force;

“ person in receipt of child support maintenance ” means a person to whom child support maintenance is paid, being a person with care (which has the meaning given in section 3(3) of the 1991 Act) or a child who makes an application under section 7(1) (right of child in Scotland to apply for assessment) of the 1991 Act.

The collection fee

7. —(1) A collection fee is payable to the Secretary of State by—

(a) the non-resident parent; and

(b) the person in receipt of child support maintenance,

in relation to a case where there are arrangements for collection.

(2) The amount of the collection fee payable by a non-resident parent in respect of each day is—

(a) subject to sub-paragraph (b), 20% of the daily amount;

(b) where there is more than one person in receipt of child support maintenance in relation to that non-resident parent, in respect of each person in receipt of child support maintenance, 20% of the alternative daily amount.

(3) The amount of the collection fee payable by a person in receipt of child support maintenance is 4% of any payment of child support maintenance in relation to which there are arrangements for collection, which the Secretary of State has collected and which would otherwise be paid to that person.

(4) In this regulation—

“ alternative daily amount ” means the alternative weekly amount divided by 7;

“ alternative weekly amount ” means the weekly amount of child support maintenance that the non-resident parent is liable to pay in respect of the person in receipt of child support maintenance in question and in relation to which there are arrangements for collection;

“ daily amount ” means the weekly amount divided by 7;

“ weekly amount ” means the weekly amount of child support maintenance that the non-resident parent is liable to pay and in relation to which there are arrangements for collection.

(5) Where a calculation carried out under this regulation results in a fraction of a penny, that is to be treated as a penny if it is either one half or exceeds one half, and otherwise it is to be disregarded.

^M8 (6) For the purposes of this regulation, there are arrangements for collection where the Secretary of State is making arrangements to collect child support maintenance under section 29(1) (collection of child support maintenance) of the 1991 Act and [^F2 specifies that payments shall be made to, or through, the Secretary of State in accordance with regulation 2(1)(b) of the Child Support (Collection and Enforcement) Regulations 1992. ^F2]

Recovery of the collection fee

8. —(1) Any amount of the collection fee payable by a non-resident parent under regulation 7 (the collection fee) may be recovered by the Secretary of State from any payment made by that non-resident parent to the Secretary of State.

(2) Any amount of the collection fee payable by a person in receipt of child support maintenance under regulation 7 may be recovered by the Secretary of State from any payment of child support maintenance which would otherwise be paid to that person by the Secretary of State.

PART 4 Enforcement fee

Interpretation of this Part

9. For the purposes of this Part—

“ armed forces ” means the naval, military and air forces of the Crown;

“ child support maintenance ” means child support maintenance calculated under Part 1 of Schedule 1 to the 1991 Act as amended by Schedule 4 to the 2008 Act;

“ committed to operations ” means deployed on an operational tour of duty and includes pre-operational training and leave, rest and recuperation during an operational tour of duty and post-operational leave;

^M9 “ deduction from earnings order ” means an order made under section 31(2) of the 1991 Act and, with the exception of where it appears in regulation 12(4)(b) (waiver of an enforcement fee), includes a deduction from earnings request;

“ deduction from earnings request ” means a request from the Secretary of State in respect of a non-resident parent, who is a member of the armed forces and who is liable to pay child support maintenance, for a sum to be deducted from that non-resident parent's pay and appropriated in or towards satisfaction of the non-resident parent's obligation to pay child support maintenance;

“ liability order ” means an order made under section 33(3) of the 1991 Act;

^M10 “ lump sum deduction order ” means an order made under section 32E(1) of the 1991 Act ;

^M11 “ regular deduction order ” means an order made under section 32A(1) of the 1991 Act .

The enforcement fee

^F310. — (...) An enforcement fee of an amount set out in column (2) of the table below is payable to the Secretary of State by a non-resident parent when the Secretary of State takes a method of enforcement action specified in column (1) of the table below to secure payment of child support maintenance.

^F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of an enforcement fee

11. An enforcement fee payable by a non-resident parent under regulation 10 (the enforcement fee) may be recovered by the Secretary of State from any payment made by that non-resident parent to the Secretary of State.

Waiver of an enforcement fee

^F412. —(1) An enforcement fee payable under regulation 10 ... may be waived in the circumstances specified in paragraphs (2) to (6).

^F4 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The circumstances specified in this paragraph are where an additional enforcement fee is payable with respect to concurrent or subsequent action of the same type taken by the Secretary of State in circumstances where—

(a) the non-resident parent has more than one employer at the same time and the Secretary of State makes two or more deduction from earnings orders; or

(b) the non-resident parent holds more than one account with a deposit-taker and the Secretary of State makes more than one regular deduction order or lump sum deduction order simultaneously.

(3) The circumstances specified in this paragraph are where an additional enforcement fee is payable with respect to action taken to make an additional deduction from earnings order or additional regular deduction order in circumstances where—

(a) the non-resident parent has changed employer;

(b) the non-resident parent has changed their account held with a deposit-taker; or

(c) the amount being collected under a prior deduction from earnings order or a prior regular deduction order has changed.

(4) The circumstances specified in this paragraph are where—

(a) an application for a liability order is made to a court, but no liability order results from the application;

(b) a successful appeal or a successful challenge by way of judicial review has been made against the making of a deduction from earnings order, a regular deduction order or a lump sum deduction order; or

(c) a deduction from earnings order, a regular deduction order or a lump sum deduction order has lapsed or been discharged due to an error or maladministration by the Secretary of State.

(5) The circumstances specified in this paragraph are where a non-resident parent elects to pay child support maintenance by way of a deduction from earnings order.

^F4 (6) The circumstances specified in this paragraph are where a deduction from earnings request is made ..., when the non-resident parent to which it relates is committed to operations.

^F5 PART 4A Segment 5 cases

Waiver of a collection fee and an enforcement fee in certain segment 5 cases

^F512A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 Miscellaneous

Collection and enforcement of fees

13. —(1) Subject to paragraph (2), the provisions of the 1991 Act with respect to—

(a) the collection of child support maintenance;

(b) the enforcement of any obligation to pay child support maintenance,

shall apply equally to the collection and enforcement of fees payable by virtue of one or both of Parts 3 and 4 of these Regulations.

(2) The following provisions of the 1991 Act do not apply where those provisions would be used solely to enforce payment of a fee payable by virtue of one or both of Parts 3 and 4—

(a) ^M12section 39A (commitment to prison and disqualification from driving) ;

[^F6 (aa) section 39B(disqualification for holding or obtaining travel authorisation) ;

(ab) section 39G (application of sections 39B and 39F to Scotland); ^F6]

(b) ^M13section 40 (commitment to prison) ;

(c) ^M14section 40A (commitment to prison: Scotland) ; and

(d) ^M15section 40B (disqualification from driving: further provisions) .

Amendments to the Social Security (Claims and Payments) Regulations 1987

^M1614. —(1)Schedule 9B (deductions from benefits in respect of child support maintenance and payment to persons with care) to the Social Security (Claims and Payments) Regulations 1987 is amended as follows.

(2) In paragraph 1 (interpretation), after the definition of “beneficiary” insert—

(3) In paragraph 2 (deductions)—

(a) ^M17 in sub-paragraph (1) —

(i) after “an amount equal to the amount of maintenance” insert “ and any fee ” ;

(ii) after “of the liability to pay maintenance” insert “ , and retain any amount deducted in discharge of any liability to pay a fee ” ;

(b) in sub-paragraph (2) after “A deduction” insert “ for maintenance and fees ” .

^M18 (4) In sub-paragraph (1) of paragraph 3 (arrears) —

(a) for £1 substitute “£1.20”;

(b) after “the beneficiary's liability to pay arrears of maintenance” insert “ , and retain any amount deducted in discharge of any liability to pay a fee ” ;

(5) In paragraph 4 (apportionment), after “the amount deducted” insert “ in respect of maintenance ” .

^M19 (6) In sub-paragraph (2) of paragraph 5 (flat rate maintenance) —

(a) before the words “may be deducted” insert “ and any fee ” ;

(b) after “both partners' liability to pay maintenance” insert “ and any fee ” ;

(c) after “of the respective liabilities to pay maintenance” insert “ or retained in discharge of any liability to pay a fee ” .

^M20 (7) In sub-paragraph (2) of paragraph 6 (flat rate maintenance (polygamous marriage)) —

(a) before the words “may be deducted” insert “ and any fee ” ;

(b) after “all the members' liability to pay maintenance” insert “ and any fee ” ;

(c) after “of the respective liabilities to pay maintenance” insert “ or retained in discharge of any liability to pay a fee ” .

Amendments to the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

^M2115. —(1)Schedule 7 (deductions from benefit in respect of child support maintenance and payment to persons with care) to the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 is amended as follows.

(2) In paragraph 1 (interpretation), after the definition of “beneficiary” insert—

(3) In paragraph 2 (deductions)—

(a) in sub-paragraph (1)—

(i) after “an amount equal to the amount of maintenance” insert “ and any fee ” ;

(ii) after “of the liability to pay maintenance” insert “ , and retain any amount deducted in discharge of any liability to pay a fee ” ;

(b) in sub-paragraph (2), after “A deduction” insert “ for maintenance and fees ” .

(4) In sub-paragraph (1) of paragraph 3 (arrears)—

(a) for “£1” substitute “ £1.20 ” ;

(b) after “the beneficiary's liability to pay arrears of maintenance” insert “ , and retain any amount deducted in discharge of any liability to pay a fee ” ;

(5) In paragraph 4 (apportionment), after “the amount deducted” insert “ in respect of maintenance ” .

(6) In sub-paragraph (2) of paragraph 5 (flat rate maintenance)—

(a) after “the flat rate of maintenance” insert “ and any fee ” ;

(b) after “liability of both partners to pay maintenance” insert “ and any fee ” ;

(c) after “of the respective liabilities to pay maintenance” insert “ or retained in discharge of any liability to pay a fee ” .