UK Offence Report

The Child Support (Miscellaneous Amendments) Regulations 2019

UK Statutory Instrument 2019 No. 1084 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
3 July 2019
In force from
Not determined
Extent
Not stated
Subject
Education, social security, pensions and public services
Made under
Child Maintenance and Other Payments Act 2008, Protection of Freedoms Act 2012, Schedule 1 to, the Child Support Act 1991, Social Security Administration Act 1992

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make miscellaneous amendments relating to child support maintenance (“maintenance”). Part 2 makes provision about the recovery of maintenance arrears by deduction from benefits which are payable to a non-resident parent. Regulations 3 to 5 amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) to change the circumstances in which deductions from benefits may be made. Regulations 6 to 8 amend the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) to allow for such arrears to be recoverable from universal credit and for maintenance to be deducted from universal credit where there are earnings. The amount which may be deducted from benefits is, in both cases, increased from £1.20 per week to £8.40 per week. In both cases no deductions from benefits for recovery of maintenance arrears may be made if the non-resident parent in receipt of benefits is liable to pay maintenance. Part 3 (regulation 8) amends the Child Support (Management of Payments and Arrears) Regulations 2009 (S.I. 2009/3151) to allow arrears of child support maintenance to be written off where the non-resident parent’s estate was subject to a protected trust deed (within the meaning of the Bankruptcy (Scotland) Act 2016 (asp 21)) but that deed has expired. Part 4 relates to powers of entry and to obtain information. Regulations 10 to 12 amend the Child Support Act 1991 (c.48) to create a procedure whereby inspectors can apply to the appropriate court in England and Wales and in Scotland to obtain a warrant for entry to premises in order to carry out their functions under that Act. Regulation 13 amends the Child Support Information Regulations 2008 (S.I. 2008/2551) to require a qualifying lender (within the meaning given in section 19(7) of the Welfare Reform and Work Act 2016 (c.7)) and a trustee or manager of an occupational pension scheme (within the meaning of section 1(1) of the Pension Schemes Act 1993 (c.48)) to provide information to the Secretary of State in connection with the Secretary of State’s functions under the Child Support Act 1991. Part 5 (regulation 14) amends the Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677) so that in relation to the calculation of gross weekly income of a non-resident parent, the figure notified as employment income by Her Majesty’s Revenue and Customs is no longer to be that taken before any allowable deductions from earnings. Part 6 (regulation 15) amends the Child Support Fees Regulations 2014 (S.I. 2014/612) to clarify when there are considered to be arrangements for collection of the maintenance for the purposes of the payability of the collection fee to the Secretary of State. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Offences created by this instrument

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

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