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Child Support (Miscellaneous Amendments) Regulations 2018

These Regulations, which come into force (for the most part) on 13 December 2018, amend child support regulations.

Regulation 2 inserts a new regulation 69A into the Child Support Maintenance (Calculation) Regulations 2012. The new regulation makes provision for specified assets to be calculated as having a weekly value which is taken into account in order to vary a maintenance calculation. The weekly value of the asset is treated as additional income of the non-resident parent. Virtual currencies which are capable of being traded for conventional currencies are assets for the purposes of the new regulation. Not all virtual currencies are capable of being traded in this way. Some are closed currencies which exist only within virtual communities, and have no link to real economies.

Regulation 3 makes amendments to the Child Support (Collection and Enforcement) Regulations 1992 and provides for the application of regular deduction orders and lump sum deduction orders to joint accounts. Such provision also extends the application of lump sum deduction orders to sole trader accounts and applies both orders to partnership accounts (where such a partnership is formed in England or Wales). In each of these cases, the person against whom one of these orders may be made will be an account-holder of the relevant account.

Regulation 4 makes amendments to the Child Support (Management of Payments and Arrears) Regulations 2009. It provides additional circumstances in which the Secretary of State may exercise the power to write off arrears in section 41E of the Child Support Act 1991.

Regulation 5 makes amendments to the Child Support (Collection and Enforcement) Regulations 1992. It makes provision in relation to disqualification for holding or obtaining a United Kingdom passport.

Regulation 6 makes amendments to the Child Support Fees Regulations 2014 ("the Fees Regulations"). It adds United Kingdom passport disqualification provisions to the exceptions listed in regulation 13(2) of the Fees Regulations which apply to the collection and enforcement of fees payable under the Fees Regulations.

For the latest regulations, click here.

5/12/18