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2000 Act - sections, links to the text & dates
2000 Act - links to full text of Statutory Instruments
2000 Act - links to full text of Northern Ireland Statutory Rules
2000 Act - links to full text of Scottish Statutory Instruments
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2000 Act - links to full text of Statutory Instruments

These mostly add further detail to the law defined by the 2000 Act. The Commencement Orders set the dates when sections of the 2000 Act become law.

Statutory Instruments (about Child Support) Comments
2000
3173 The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 Fine tuning:
"The Regulations contain modifications to ... the Act for the purpose of variation applications made under section 28G of the Act, as authorised by section 28G(2) of the Act. Variation applications made under section 28G of the Act are made where there is a maintenance calculation in force."
3174 The Child Support (Temporary Compensation Payment Scheme) Regulations 2000 Now amended by SI 2002/1854:
"These Regulations provide for a temporary compensation scheme made under section 27 of the ... Act ... in certain cases where there has been a delay in the making of a maintenance assessment under the Child Support Act 1991 leading to arrears of child support maintenance."
3176 The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 This is the SI that introduces the £10 child support maintenance disregard into Income Support & Job Seeker's Allowance (Income Based). The £10 is the maximum for the household, not per case. (This is referred to throughout the process of reforming the child support system as a "child maintenance premium", but in fact it is certainly a disregard, and certainly not a premium!)
3177 The Child Support (Voluntary Payments) Regulations 2000

"These Regulations are made pursuant to section 28J ... Section 28J of the Act provides for the Secretary of State to offset against child support maintenance arrears, or to adjust a maintenance calculation to take account of, voluntary payments.

"Regulation 2 defines a "voluntary payment" ... and provides that, to be a voluntary payment, a payment must be made on or after the effective date of the maintenance calculation .... Regulation 3 defines the types of payments which may count as voluntary payments and regulation 4 defines the evidence or verification of such payments which the Secretary of State may require to be provided."

3185 The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 Lots of fine-tuning:
"These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) ...."
3186 The Child Support (Transitional Provisions) Regulations 2000

Various, and modified by later SIs:
"These Regulations make transitional provisions ....

"Part II ... makes provision for decision making and appeals in relation to maintenance assessments made with effect before the date the new child support system comes into force for new cases. In particular provision is made for a conversion decision under which the assessment under the previous scheme becomes a calculation under the new scheme.

"Part III ... makes transitional provision. It specifies those cases where a transitional amount, instead of the new amount, is payable during a transitional period beginning on the case conversion date as provided for in regulation 15. The new amount is determined by a conversion calculation, ... and the transitional amount is determined by applying the phasing amounts, ... to the amount payable under the maintenance assessment, or the conversion calculation, as appropriate .... Regulation 16(2) provides for the dispute provisions ..., to apply to the conversion decision when made. Regulation 25 provides for a maximum transitional amount to be payable of 30% of the non-resident parent's income. Regulation 28 contains linking rules.

"Part IV ... concerns certain cases where a maintenance calculation follows a court order which provided for child maintenance and provides for the amount payable to be phased by reference to transitional amounts ...."

3354 The Child Support, Pensions and Social Security Act 2000 (Commencement No. 5) Order 2000 Commencement Order. (Especially to do with sections commencing on 2001-01-31, 2001-02-15, and 2002-04-02).
2001
155
The Child Support (Maintenance Calculations and Special Cases) Regulations 2000

This provides a lot of the details about applying the new formula, such as what counts as earnings, details about relevant benefits and about pensions, what counts as a night for shared care, etc.

Debate in Second Standing Committee on Delegated Legislation.

2001
156
The Child Support (Variations) Regulations 2000

A large SI on this topic:
"These Regulations provide for variations to the rate of child maintenance payable ... consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 (c. 19). Subject to savings for transitional purposes these Regulations revoke the Child Support Departure Direction and Consequential Amendments Regulations 1996 ....

"Part II ... sets out the procedure for making and determining applications for a variation. This includes the ability to reject an application on a preliminary consideration. Among the reasons for this may be because the application is for an amount which does not exceed a threshold applicable to the ground, or because a circumstance prescribed for the purposes of section 28E of the Act ... applies. The Secretary of State is enabled to request further information ... and may invite representations ....

"Part III ... gives details of what constitutes expenses for the purposes of the ground for a variation i.... Part IV ... is concerned with a variation ... in relation to a property or capital transfer, and Part V ... concerns the additional cases for which provision is made in paragraph 4 of that Schedule. The factors to be taken into account in determining whether it would be just and equitable to agree a variation ... are set out in Part VI ....

"Part VII ... provides for the effective date of maintenance calculations which take account of a variation, for the way in which each type of variation is to affect the non-resident parent's liability, for situations where a variation may be applied without an application and for the circumstances ... in which a variation is not to be agreed to. Part VIII ... prescribes the amount payable under the regular payments condition ...."

There is a discussion on this web site about the effect of the income of NRPs' new partners.

2001
157
The Child Support (Maintenance Calculation Procedure) Regulations 2000

Lots of details here:
"These Regulations provide for various procedural matters relating to an application for a maintenance calculation ... and make provision in respect of effective dates of calculations and of reduced benefit decisions ....

"Regulation 2 contains provisions relating to the service and receipt of documents and regulation 3 sets out the procedures in relation to an application for a maintenance calculation. Regulation 4 and Schedule 2 provide for multiple applications for a maintenance calculation. Regulations 5 and 6 provide for notice to be given to the non-resident parent and any other relevant person when an effective application for a maintenance calculation has been made or treated as made by the person with care, and for the procedure on the death of a qualifying child. Regulation 7 prescribes the default rate, payable when a default maintenance decision is made under section 12(1) of the Act.

"Regulation 8 contains provisions relating to interpretation for the purposes of Part IV of these Regulations (reduced benefit decisions). Regulation 9 prescribes the period within which reasons are to be given by the parent with care for the purposes of section 46(2) of the Act. Regulations 10 to 20 make provision as to the amount and duration of reduced benefit decisions following a request under section 6(5) of the Act, or a failure to comply with the obligation in section 6(7) of the Act, or a refusal to take a scientific test (within the meaning of section 27A of the Act).

"Regulation 21 prescribes persons who are not persons with care for the purposes of the Act and regulation 22 makes provision for the authorisation of representatives. Regulations 23 and 24 set out what is to be notified following decisions by the Secretary of State. Regulations 25 to 29 prescribe the effective dates of maintenance calculations."

2001
161
The Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000

Lots of details, but regulation 8 is the major one:
"These Regulations amend the Child Support (Information, Evidence and Disclosure) Regulations 1992 ... and the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 ....

"Regulation 8 prescribes the companies and bodies based in the United Kingdom that employ someone not habitually resident for the purposes of section 44(2A) of the Act in the United Kingdom."

2001
162
The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000

Some useful information about enforcement, penalties, etc:
"These Regulations amend the Child Support (Collection and Enforcement) Regulations 1992 ... the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations 1992 ... and the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 ....

"Regulation 2(3), (6)(a), (7) and (8) makes various amendments to reflect ... changes to the method of collecting fees and methods of payment, the introduction into the Act of the ability to make voluntary payments in the period before a maintenance calculation is made, and the introduction into the Act of a system of penalty payments. Regulation 2(4) inserts Part IIA in the Collection and Enforcement Regulations to provide for the collection of penalty payments. Regulation 2(5) makes amendments to the Collection and Enforcement Regulations to reflect changes in the Act relating to deduction from earnings orders and also to reflect changes in terminology and provisions dealing with the collection of interest, fees and penalty payments.

"Regulation 2(6)(c) inserts regulation 35 in the Collection and Enforcement Regulations, which makes provision in relation to disqualification from driving orders. The regulation provides for the procedures to be followed on the making of such orders. Regulation 2(9) inserts the Schedule to these Regulations as Schedule 4 to the Collection and Enforcement Regulations, which is a form of order of disqualification from holding or obtaining a driving licence."

2001
18 The Social Security (Claims and Payments) Amendment Regulations 2001  
155 The Child Support (Maintenance Calculations and Special Cases) Regulations 2000  
156 The Child Support (Variations) Regulations 2000  
157 The Child Support (Maintenance Calculation Procedure) Regulations 2000  
158 The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001 Minor changes linked to various other programmes.
161 The Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000  
162 The Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000  
774 The Child Support, Pensions and Social Security Act 2000 (Commencement No. 7) Order 2001 Commencement Order. (Especially to do with parentage determination sections that came into effect on 2003-04-01).
1775 The Child Support (Miscellaneous Amendments) Regulations 2001 Minor changes.
2002
1204 The Child Support (Miscellaneous Amendments) Regulations 2002

This is a substantial SI that makes a range of amendments on different topics.

Debate in First Standing Committee on Delegated Legislation.

1379 The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002

These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999.

Debate in Third Standing Committee on Delegated Legislation.

1854

The Child Support (Temporary Compensation Payment Scheme) (Modification and Amendment) Regulations 2002

The temporary compensation payment scheme helps non-resident parents who are faced with substantial arrears, partly through no fault of their own, and provides encouragement for them to keep up regular payments of maintenance. Essentially, where the CSA has been responsible for a delay of at least three months, the deferred debt scheme allows the agency to come to an agreement with the non-resident parent. If the non-resident parent agrees to pay at least six months' worth of his arrears, as well as his existing continuing liability, the agency can suspend any collection and enforcement action on the balance of the arrears.

As a result, if the non-resident parent keeps to his agreement, he will cease to be liable for the remaining arrears. If that money is paid, the agency may then make a compensatory payment to the parent with care if the money is owed to her or him, as the case may be. However, if he defaults, the remaining arrears will remain payable. The intention behind the regulations is to ensure that where the agency has been in part responsible for the delay, non-resident parents do not find themselves with a hill to climb that they cannot manage.

Debate in Eighth Standing Committee on Delegated Legislation.

1915 Child Support Appeals (Jurisdiction of Courts) Order 2002

Appeals against child support decisions are made under Section 20 of the Child Support Act 1991. Such appeals are normally determined by an appeal tribunal established under the Social Security Act 1998. But appeals on the ground of disputed parentage are routed to a court instead of an appeal tribunal by the Child Support Appeals (Jurisdiction of Courts) Order 1993, and now this 2002 SI. Declarations of parentage have a wider legal application beyond child support. It is sensible to import the existing powers to go to the courts into the new child support regulations. As a result, this will be binding on the agency.

A non-resident parent can declare and reply directly to the court at any time. Such a declaration is then binding on the CSA. If the person in question is found not to be the parent of the child, any child support maintenance that he may already have paid will be refunded in full by the agency.

Debate in Eighth Standing Committee on Delegated Legislation.

1950 The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002 "Regulation 3 provides that deductions from benefit may be made in respect of arrears of child support maintenance calculated under the Child Support Act 1991 (c. 48) or assessed under that Act prior to its amendment by the Child Support, Pensions and Social Security Act 2000 (c. 19), or both such arrears, including arrears of maintenance payable at a transitional rate under the latter Act."
2003
129 The Child Support (Decisions and Appeals) (Amendment) Regulations 2003 Minor amendment and clarification.
192 The Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003

This is the Commencement Order for the new scheme for new and linked cases.

See: 2000 Act - sections, links to the text & dates.

194 The Child Support (Applications: Prescribed Date) Regulations 2003 "These Regulations specify 3rd March 2003 as the date prescribed for the purposes of sections 4(10)(a) and 7(10)(a) of the Child Support Act 1991 which preclude an application for child support maintenance under section 4 or, in Scotland, an application by a child for a maintenance calculation under section 7, in cases in respect of which there is in force a maintenance order made before that date."
231 The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Amendment Regulations 2003

"These Regulations amend the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 ..."

(This clarifies the change from the Child Maintenance Bonus to the Child Maintenance Premium")

328 The Child Support (Miscellaneous Amendments) Regulations 2003 Debate in First Standing Committee on Delegated Legislation.
Debate and vote in the Lords, clarifying some points.
346 The Child Support, Pensions and Social Security Act 2000 (Commencement No.13) Order 2003 Commencement Order.
347 The Child Support (Transitional Provision)(Miscellaneous Amendments) Regulations 2003  
1050 The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (Primarily amendments to the old-rules system).
1189 The Social Security and Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 This amends number 1050 immediately above. It does not appear to be significant for child support.
2779 The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 Various detailed changes, especially to do with catering for changes in other regulations, such as other benefits.
3206 The Child Support (Information, Evidence and Disclosure) Amendment Regulations 2003 This gives the CSA extra powers to obtain information for cases that are still on the old scheme. They "... enable information or evidence to be required for the purposes of verifying, in such cases as the Secretary of State may determine, such information or evidence that he holds, or has held, as he may determine." So they can be used to check information that the CSA already has.
2004
98 The Social Security (Child Maintenance Premium) Amendment Regulations 2004 Detailed changes to the "Child Maintenance Premium" (disregard).
2415 The Child Support (Miscellaneous Amendments) Regulations 2004 Various relatively minor changes to both the old and new schemes.
3368 The Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004  
2005
207 The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005 Explanatory memorandum
337 The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 Explanatory memorandum
785 The Child Support (Miscellaneous Amendments) Regulations 2005 Explanatory memorandum
(To 2465)    

SIs will keep being introduced to add all necessary detail and to bring all relevant sections of the 2000 Act into law.

Statutory Instruments (not about Child Support)
Because about half of the 2000 Act is not about child support, many of the Statutory Instruments are not either. Others enable regulations to be made, but don't cause sections to commence operations. For completeness this section lists Commencements Orders which do not bring child support sections into operation.
2000
2666
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 1) Order 2000
2000
2950
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 2) Order 2000
2000
2994
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 3) Order 2000 This commenced many child support sections of the 2000 Act for the purposes of making regulations (rather than making those sections operational).
2000
3166
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000
2001
153
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 6) Order 2001
2001
1252
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 8) Order 2001
2001
2295
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 9) Order 2001
2001
2619
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 10) Order 2001
2002
437
The Child Support, Pensions and Social Security Act 2000 (Commencement No. 11) Order 2002
Page last updated: 10 September, 2005 © Copyright Barry Pearson 2003