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Child Support (Miscellaneous Amendments) Regulations 2019

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 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 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 relates to Scotland.

Part 4 relates to powers of entry and to obtain information. Regulations 10 to 12 amend the Child Support Act 1991 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 to require a qualifying lender (within the meaning given in section 19(7) of the Welfare Reform and Work Act 2016) and a trustee or manager of an occupational pension scheme (within the meaning of section 1(1) of the Pension Schemes Act 1993) 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 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 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.

For the 2019 Regulations, click here.