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Child maintenance: draft Child Support (Miscellaneous Amendments) Regulations 2019 (GB)

Published Tuesday, June 11, 2019

This House of Commons Library briefing paper considers the draft Child Support (Miscellaneous Amendments) Regulations 2019, which are due to be considered on the Floor of the House on 11 June 2019.

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Part 2 (regulations 3–8) of the draft SI will allow for deductions for child maintenance to be made from Universal Credit where a non-resident parent has earnings and meets the criteria to be eligible for the flat rate.

The draft regulations will also increase from £1 to £7 (plus collection charges) the amount payable towards arrears for non-resident parents who have no ongoing child maintenance liability but are in receipt of certain welfare benefits. These changes were subject to consultation. The draft regulations also propose extending the scope of welfare benefits for this purpose to include where the non-resident parent (or their partner) are in receipt of certain means-tested benefits.

Part 3 (regulation 9) will add a further circumstance under which child maintenance arrears can be written off, namely concerning Protected Trust Deeds in Scotland. This is a technical change.

Part 4 (regulations 10–13) will add mortgage lenders and occupational pension providers to the list of bodies that the CMS can request information from. The CMS is already able to request information from them (on a voluntary basis or by sending an inspector to their premises). This change will allow the information to be provided by email or post on request from the CMS. The changes in this Part will also amend the CMS’s powers of entry, by allowing an inspector to apply to the relevant court for a warrant for entry if access to the relevant premises has previously been refused or if it is considered likely that access without a warrant will be refused. These changes were subject to consultation.

Part 5 (regulation 14) will amend the maintenance calculation regulations to take account of an Upper Tribunal ruling, so as to ensure that allowable expenses under Part 5 of the Income Tax (Earnings and Provisions) Act 2003 are not treated as income when calculating child maintenance liabilities.

Part 6 (regulation 15) will clarify the circumstances in which arrangements are considered to be in place for the purposes of determining whether a collection fee is payable, following a court judgment.

This note applies to Great Britain.

Commons Briefing papers CBP-8588

Author: Tim Jarrett

Topic: Child support

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