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Family Law

The leading authority on all aspects of family law

10 DEC 2009

The Child Support (Management of Payments and Arrears) Regulations 2009

THURS 10/12/2009 - These Regulations are made under powers in the Child Support Act 1991 (c.19). They are, in part, consolidating regulations which revoke and re-enact some provisions of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816), with some changes.

Regulations 3 and 4 re-enact regulations 2 and 9 of the AIMA Regulations.

Regulations 5, 6 and 7 set out the circumstances in which the Commission may set off an amount against a person's liability to pay child support maintenance.

Regulations 8 and 9 provide for the adjustment of arrears and amounts of child support maintenance payable to take account of overpayments and voluntary payments.

Regulation 10 limits the application of Part 4 to those cases where the Commission is authorised to collect child support maintenance and the person dies on or after the date these Regulations come into force.

Regulations 11, 12 and 13 set out the circumstances and procedures that arrears of child support maintenance owed by a deceased person immediately before death are paid.

Regulation 14, and the Schedule, revokes various provisions in the AIMA Regulations and related provisions in the Decisions and Appeal Regulations.

Regulation 15 saves the relevant provisions for specified purposes where the decision to adjust the amount payable was made before the coming into force of these Regulations.

These Regulations come into force on 25 January 2010.

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