Collection and enforcement

I1C1C329 Collection of child support maintenance.

1

The F5Secretary of State may F9(subject to section 4(2A) and 7(3A)) arrange for the collection of any child support maintenance payable in accordance with a F1maintenance calculation where—

F4a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

an application has been made to the F5Secretary of State under section 4(2) or 7(3) for F5the Secretary of State to arrange for its collection.

C22

Where a F1maintenance calculation is made under this Act, payments of child support maintenance under the F2calculation shall be made in accordance with regulations made by the Secretary of State.

C23

The regulations may, in particular, make provision—

a

for payments of child support maintenance to be made—

i

to the person caring for the child or children in question;

ii

to, or through, the F6Secretary of State; or

iii

to, or through, such other person as the F6Secretary of State may, from time to time, specify;

b

as to the method by which payments of child support maintenance are to be made;

F7c

for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);

F7ca

requiring payments of child support maintenance to be made—

i

by reference to such an amount and a reference period; and

ii

at prescribed intervals falling in a reference period;

d

as to the method and timing of the transmission of payments which are made, to or through the F6Secretary of State or any other person, in accordance with the regulations;

e

empowering the F6Secretary of State to direct any person liable to make payments in accordance with the F2calculation—

i

to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;

ii

to open an account from which payments under the F2calculation may be made in accordance with the method of payment which that person is obliged to adopt;

f

providing for the making of representations with respect to matters with which the regulations are concerned.

F83A

In subsection (3)(c) and (ca) “a reference period” means—

a

a period of 52 weeks beginning with a prescribed date; or

b

in prescribed circumstances, a prescribed period.

C4F34

If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—

a

for that method of payment not to be used in any case where there is good reason not to use it; and

b

for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.

C45

On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.

C46

Regulations under subsection (4)(b) may include—

a

provision with respect to the period within which a right of appeal under the regulations may be exercised;

b

provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.

C47

If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—

a

prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

b

prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.