PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 and shall come into force on 5th April 1993.

(2) In these Regulations, unless the context otherwise requires—

F1...

“the Act” means the Child Support Act 1991;

“arrears” means arrears of child support maintenance;

“arrears of child support maintenance” is to be construed in accordance with section 41(1) and (2) of the Act;

“arrears notice” has the meaning prescribed in regulation 2;

[F2“Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations 2000;]

F3...

F4...

F5...

[F6“non-resident parent” includes a person treated as such under regulation 8 of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;]

“parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;

“relevant person” has the same meaning as in the [F7Maintenance Calculation Procedure Regulations].

[F8“state pension credit” means the social security benefit of that name payable under the State Pension Credit Act 2002.]

(3) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered regulation is to the regulation in these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

PART II ARREARS OF CHILD SUPPORT MAINTENANCE F9...

Applicability of provisions as to arrears F10... and arrears notices

F112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Liability to make payments of interest with respect to arrears

F123.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances in which no liability to pay interest arises

F134.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of arrears by agreement

F145.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rate of interest and calculation of interest

F156.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Receipt and retention of interest paid

F167.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17Retention of recovered arrears of child support maintenance by the Secretary of State

8.—(1) This regulation applies where—

(i) the Secretary of State recovers arrears from an [F18 non-resident parent ] under section 41 of the Act ; and

(ii)income support [F19or income-based jobseeker’s allowance] is paid to or in respect of the person with care or was paid to or in respect of that person at the date or dates upon which the payment or payments of child support maintenance referred to in paragraph (2) should have been made.

(2)  Where paragraph (1) applies, the Secretary of State may retain such amount of those arrears as is equal to the difference between the amount of income support [F19or income-based jobseeker’s allowance] that was paid to or in respect of the person with care and the amount of income support [F19or income-based jobseeker’s allowance] that he is satisfied would have been paid had the [F20non-resident parent] paid, by the due dates, the amounts due under the child support [F21maintenance calculation] in force or to be taken to have been in force by virtue of the provisions of section 41(2A) of the Act . ]

PART III ATTRIBUTION OF PAYMENTS AND ADJUSTMENT OF THE AMOUNT PAYABLE UNDER A MAINTENANCE [F22CALCULATION]

Attribution of payments

F239.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjustment of the amount payable under a maintenance [F24calculation]

F2510.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26Reimbursement of a repayment of overpaid child maintenance

10A.—(1)  The Secretary of State may require a relevant person to repay the whole or a part of any payment by way of reimbursement made to an [F27 non-resident parent ] under section 41B(2) of the Act where the overpayment referred to in section 41B(1) of the Act arose—

(a) in respect of the amount payable under a maintenance [F28calculation] calculated in accordance with Part I of Schedule 1 to the Act and where income support[F29, income-related employment and support allowance][F30, state pension credit] [F31 or income-based jobseeker’s allowance ] , F32... was not in payment to that person at any time during the period in which that overpayment occurred or at the date or dates on which the payment by way of reimbursement was made; or

F33(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)  In a case falling within section 4 or 7 of the Act , where the circumstances set out in section 41B(6) apply, the Secretary of State may retain out of the child support maintenance collected by him in accordance with section 29 of the Act such sums as cover the amount of any payment by way of reimbursement required by him from the relevant person under section 41B(3) of the Act . ]

[F34Repayment of a reimbursement of a voluntary payment

10B.   The Secretary of State may require a relevant person to repay the whole or any part of any payment by way of reimbursement made to a non-resident parent under section 41B(2) of the Act where—

(a)a voluntary payment was made;

(b)section 41B(1A) applies; and

income support[F35, income-related employment and support allowance][F36, state pension credit] or income-based jobseeker’s allowance was not in payment to that person at any time during the period in which the voluntary payment was made or at the date or dates on which the payment by way of reimbursement was made.]

PART IV MISCELLANEOUS

Notifications following an adjustment under the provisions of regulation 10

F3711.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of adjustments under regulation 10 or of the calculation of arrears or interest

F3812.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure and notifications on applications and reviews under regulation 12

F3913.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-disclosure of information to third parties

F4014.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applicability of regulations 1(6) and 53 to 56 of the Maintenance Assessment Procedure Regulations

F4115.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42Supersession of decisions

F43 16 .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of regulations 1(6), 10(3) and 53 of the Maintenance Assessment Procedure Regulations

F44 17 .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Explanatory Note

(This note is not part of the Regulations)