Family Law PART 1 Introduction Citation and commencement 1 1 These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2019. 2 Regulation 13 comes into force on the 21st day after the day on which these Regulations are made. 3 Otherwise, these Regulations come into force on the day after the day on which they are made. Extent 2 Regulations 10 to 12 extend to England and Wales and to Scotland only. PART 2 Amendments relating to deductions from benefits Amendments of the Social Security (Claims and Payments) Regulations 1987 3 The Social Security (Claims and Payments) Regulations 1987 are amended as follows. 4 In Schedule 9, omit paragraphs 7A and 7B. 5 1 Schedule 9B is amended as follows. 2 In paragraph 1, in the definition of “maintenance”, for “paragraph 3” substitute “paragraph 3(1)”. 3 In paragraph 3— a in sub-paragraph (1)— i omit the words from “Except where” to “his partner”; ii for “£1.20” substitute “£8.40”; iii omit “, subject to sub-paragraph (2),”; b after sub-paragraph (1), insert— 1A No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance. ; c omit sub-paragraph (2). Amendments of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 6 The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 are amended as follows. 7 In Schedule 6, omit paragraph 10. 8 1 Schedule 7 is amended as follows. 2 In paragraph 1, in the definition of “maintenance”— a for “paragraph 3” substitute “paragraph 3(1)”; b for “paragraph 4(1)(b)” substitute “paragraph 4(1)(a), (b)”. 3 In paragraph 3— a in sub-paragraph (1)— i omit “Except where universal credit is awarded to the beneficiary,”; ii for “£1.20” substitute “£8.40”; iii omit “, subject to sub-paragraph (2),”; iv for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or universal credit”; b after sub-paragraph (1) insert— 1A No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance. ; c omit sub-paragraph (2). PART 3 Write off of arrears of child maintenance support Amendments of the Child Support (Management of Payments and Arrears) Regulations 2009 9 1 The Child Support (Management of Payments and Arrears) Regulations 2009 are amended as follows. 2 In regulation 13G— a omit the “or” at the end of paragraph (h); b at end of paragraph (i) insert “; or”; c after that paragraph insert— j the non-resident parent has been discharged under section 184 of the Bankruptcy (Scotland) Act 2016 (protected trust deed: discharge of debtor) from liability for the arrears. . 3 In regulation 13H(2), after “13G(i)” insert “, 13G(j)”. PART 4 Powers of entry and information Amendments of the Child Support Act 1991 10 The Child Support Act 1991 is amended as follows. 11 In section 15 — a after subsection (4) insert— 4ZA But the power under subsection (4) to enter any premises is exercisable only under the authority of a warrant issued under section 15A if— a the premises are occupied, and b an inspector has applied for admission to the premises for the purposes of exercising the power under that subsection but admission has been refused. ; b in subsection (9), at the beginning, insert “Subject to subsection (9A),”; c after subsection (9) insert— 9A A person is guilty of an offence under subsection (9)(a) as a result of intentionally delaying or obstructing an inspector’s entry to premises that are occupied only if, at the time of the delay or obstruction, entry to the premises is authorised by a warrant issued under section 15A. 12 After section 15 insert— Inspectors: warrants authorising entry 15A 1 The appropriate court may issue a warrant authorising entry to premises if, on an application made by an inspector, the court is satisfied that— a any of the conditions in subsection (2) is met, and b each of the conditions in subsection (3) is met. 2 The conditions referred to in subsection (1)(a) are— a that, having attempted to exercise the power conferred by section 15(4), an inspector has been refused entry to the premises, b that it is not practicable to communicate with any person entitled to grant entry to the premises, or c that entry to the premises is unlikely to be granted unless a warrant is produced. 3 The conditions referred to in subsection (1)(b) are— a that the premises are liable to inspection under section 15 (see section 15(4A)), b that the premises are premises to which it is reasonable for an inspector to require entry in order to exercise the inspector’s functions under section 15, c that the premises are occupied, and d that the occupier has been given at least 21 days’ notice of intention to apply for a warrant. 4 An application for a warrant must be supported— a in England and Wales, by an information in writing; b in Scotland, by evidence on oath. 5 The warrant must specify the premises to which the warrant relates. 6 A warrant authorises an inspector’s entry to the specified premises, at any reasonable time and either alone or accompanied by such persons as the inspector thinks fit, for the purpose of exercising the inspector’s functions under section 15. 7 But a warrant does not authorise an inspector to enter those premises at any time when the occupier is temporarily absent. 8 A warrant ceases to have effect at the end of the period of one month beginning with the day it is issued. 9 An inspector entering premises under a warrant must, if so required, produce the warrant for inspection by an occupier of the premises. 10 In this section— “the appropriate court”— in relation to premises in England and Wales, means a magistrates’ court; in relation to premises in Scotland, means the sheriff or summary sheriff; “inspector” means an inspector appointed under section 15; “occupier” and “premises” have the same meanings as in section 15; “warrant” means a warrant issued under this section. . Amendment of the Child Support Information Regulations 2008 13 In regulation 4(2) of the Child Support Information Regulations 2008 , after sub-paragraph (k), insert— l a qualifying lender (within the meaning given in section 19(7) of the Welfare Reform and Work Act 2016 ); m a trustee, manager or administrator of an occupational pension scheme (within the meaning of section 1(1) of the Pension Schemes Act 1993 ). . PART 5 Maintenance calculation Amendment of the Child Support Maintenance Calculation Regulations 2012 14 For regulation 36(2) of the Child Support Maintenance Calculation Regulations 2012 substitute— 2 The amount identified as income for the purposes of paragraph (1)(a) is to be taken after any deduction for relievable pension contributions made by the non-resident parent’s employer in accordance with net pay arrangements. . PART 6 Collection fee Amendment of the Child Support Fees Regulations 2014 15 In regulation 7(6) of the Child Support Fees Regulations 2014 , for “the payments” to the end, substitute “specifies that payments shall be made to, or through, the Secretary of State in accordance with regulation 2(1)(b) of the Child Support (Collection and Enforcement) Regulations 1992 ”. Signed by authority of the Secretary of State for Work and Pensions William Quince Parliamentary Under Secretary of State Department for Work and Pensions 3rd July 2019