F1 PART   3A Deduction Orders

Annotations:
Amendments (Textual)

CHAPTER 1Interpretation

Interpretation of this Part25A

1

In this Part—

  • F10“another account-holder” means an account-holder other than the liable person in a case where a regular deduction order or a lump sum deduction order is proposed or made in respect of a joint account

  • “assessable income” means the amount calculated in accordance with paragraph 5 of Schedule 1 to the Act as it applies to a 1993 scheme case and regulations made for the purposes of that paragraph;

  • F5“current income” has the meaning given in regulation 37 of the Child Support Maintenance Calculation Regulations 2012 (current income – general);

  • “deduction period” means the period of a week, a month or other period at which deductions are to be made from the amount (if any) standing to the credit of the account specified in a regular deduction order;

  • “garnishee order” means an order made in accordance with the provisions of order 30 of the County Court Rules 1981 or order 49 of the Rules of the Supreme Court 1965;

  • F6“gross weekly income” means income calculated under Chapter 1 of Part 4 of the Child Support Maintenance Calculation Regulations 2012;

  • F10“joint account” includes an account used by a partnership formed in England or Wales, of which the liable person is a partner

  • F7“net weekly income” has the meaning given in the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;

  • “lump sum deduction order” means an order under section 32E(1) or, as the case may be, 32F(1) of the Act;

  • “regular deduction order” means an order under section 32A(1) of the Act ;

  • “third party debt order” means an order made in accordance with the provisions of Part 72 of the Civil Procedure Rules 1998;

  • “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where a copy of a regular deduction order or a lump sum deduction order is served or a notification sent by the F2Secretary of State is received.

2

Any person against whom an order under section 32A(1) of the Act may be made by the F3Secretary of State is referred to in this Chapter and Chapters 2 and 4 as “the liable person”.

3

Where a copy of a regular deduction order or a lump sum deduction order is served by the F3Secretary of State in accordance with section 32A(7), 32E(6) or 32F(6) of the Act—

a

on a deposit-taker—

i

where that copy of the order is sent by electronic communication or fax to the deposit-taker’s last notified address for electronic communication or, as the case may be, fax number, it is to be treated as having been served at the end of the first working day after the day it was sent by the F3Secretary of State, or

ii

where that copy of the order is sent by post to the deposit-taker’s last notified address, it is to be treated as having been served at the end of the second working day after the day it was posted by the F3Secretary of State; or

F12b

on a liable person or, if the order is made in respect of a joint account, on another account holder—

i

a copy of the order sent by electronic communication to that person’s last notified address for electronic communication, is to be treated as having been served at the end of the first working day after the day on which it was sent;

ii

a copy of the order sent by post to that person’s last known or notified address, is to be treated as having been served at the end of the day on which the copy of the order was posted.

4

Any notification sent by the F4Secretary of State in accordance with this Part to a deposit-takerF11, a liable person or another account-holder is to be treated as having been received at the same time as an order is treated as having been served in accordance with the provisions of paragraph (3).

F135

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

6

This Part applies to a 1993 scheme case in the same way as it applies to a 2003 scheme case and—

a

any references to expressions in the Act (including “maintenance calculation”) or to regulations made under the Act are to be read, in relation to a 1993 scheme case, with the necessary modifications; and

b

F8any reference in this Part to “net weekly income” is to be read as if it were a reference to “assessable income” where these Regulations apply to a 1993 scheme case.

7

In this regulation—

F14a

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

F15b

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

c

“1993 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 have not been brought into force in accordance with article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003; and

d

“2003 scheme case” means a case in respect of which those provisions have been brought into force.

F9Regular deduction order in respect of a joint account25A1

1

Before making a regular deduction order in respect of a joint account the Secretary of State shall serve a notice containing the information set out in paragraph (2) and the further information set out in paragraph (3) or (4) (as appropriate).

2

The information for each account-holder is—

a

that the Secretary of State is proposing to make an order in respect of the account;

b

the name of the liable person;

c

the number and sort code of the account;

d

that the order would be made to secure the payment of child support maintenance payable by the liable person;

e

the dates on which the Secretary of State is proposing to make deductions under the order;

f

that each account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraphs (a) and (e);

g

that the order is likely to be made in the terms set out in the notice if representations are not made; and

h

the period for making representations.

3

The further information to the liable person is—

a

the amounts that the Secretary of State is proposing to deduct under the order in respect of arrears of child support maintenance payable under the calculation and amounts of child support maintenance which will become payable under the calculation;

b

that the liable person has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

c

that the order is likely to be made in the terms set out in the notice if representations are not made; and

d

the period for making representations.

4

The further information to another account-holder is—

a

the amounts that the Secretary of State is proposing to deduct under the order;

b

that another account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

c

that the order is likely to be made in the terms set out in the notice if representations are not made; and

d

the period for making representations.

5

The period for making representations to the Secretary of State in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) is—

a

14 days, beginning with the day on which the account-holder receives the notice; or

b

such longer period as the Secretary of State considers reasonable in the circumstances of the case.

6

A regular deduction order may not be made before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) made to the Secretary of State during that period.