Does the "Limitation Act" stand with the CSA

PreludeForTimeFeelers

don16 wrote: »

While I appreciate you have to follow legislation known as the Child Support Act 1991, you should be aware that the Limitation Act 1980 was passed before the Child Support Act 1991 became law and therefore takes precedent.

This might be a silly question, but I don't really understand this - I would have thought an Act that was made later would have been the one that had more relevance?

richard12345

PreludeForTimeFeelers wrote: »

This might be a silly question, but I don't really understand this - I would have thought an Act that was made later would have been the one that had more relevance?

The statute of limitations law was changed just for the CSA. After July 2000 it does not apply.

richard12345

kelloggs36 wrote: »

NOt quite right, it is if the money became due after July2000, the date of the assessment is irrelevant.

But the money doesn't become due til you receive the assessment which is what I said.

Orson_Cart_2

PreludeForTimeFeelers wrote: »

This might be a silly question, but I don't really understand this - I would have thought an Act that was made later would have been the one that had more relevance?

There is no Act of Parliament that has repealed the Limitation Act 1980, not even the Child Support Act 1991 so its not fully understood what legislation the CSA relies upon to rebuke Section 2 of the Limitation Act 1980.

The CSA disregards any legislation whenever it comes inconvenient. There is no industry regulator supervising the CSA and ensuring its compliance with the law.

Secondary legislation, or "regulations" are not acts of Parliaments and therefore cannot be used to rebuke or repeal one.

Blob

The relevent law you should look up is 'The Child Support [Collection and Enforcment] Regulations 1992, ammended 2006.

Regulation 28 [2] and [2A]

This covers the change in the law.

Hope it helps.

Orson_Cart_2

Google is giving multiple possible links, but none of the one you describe. Can you post a link to the actual regulation?

Blob

Go to the regs and try from there. I have it in a letter from teh House of Commons Libuary with the answer to a question on the '2 Year Steer'.

kaya

if the csa have their claws into you you're in trouble, they will take you to the local magistrates court and get a liability order, i hate to be the bearer of bad news but there isn't much you can do about it, when they have the liability order they will be sending the bailiffs round imediatley to steal your belongings, batton down the hatches and get yourself an affdavit sworn to prove that nothing in the property is yours and that it all belongs to your partner/wife before they come calling, once a LO is granted the debt will hang around untill you get some money to pay it, the magistrates are NOT allowed under law to question the amount the csa get the order for, just weather you can pay up or not

kelloggs36

Amendment of the Child Support (Collection and Enforcement) Regulations 1992

3.—(1) The Child Support (Collection and Enforcement) Regulations 1992(1) are amended as follows.

(2) In regulation 3 (method of payment)—

(a)after paragraph (1)(f) add—

“(g)by credit card;

(h)by a voluntary deduction from earnings arrangement.”;

(b)for paragraph (1A) substitute—

“(1A) In paragraph (1)—

(a)“debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s bank or building society account is debited without deferment of payment;

(b)“credit card” means a card which is a credit-token within the meaning of section 14(1)(b) of the Consumer Credit Act 1974(2);

(c)“voluntary deduction from earnings arrangement” means an arrangement under which the liable person and his employer agree that payments of child support maintenance are to be deducted from the liable person’s earnings and paid to the Secretary of State.”.

(3) In regulation 11(2) (protected earnings proportion) for the words from “as calculated” to the end substitute—

“as calculated—
(a)at the date of the current maintenance calculation; or
(b)if the deduction from earnings order relates only to arrears of child support maintenance, at the date on which the order is made or varied.”.
(4) In regulation 26 (liability orders – extent of Part IV) for “regulation 29(2)” substitute “regulations 29(2) and 35(5)”.

(5) In regulation 28 (application for a liability order)—

(a)for paragraph (2) substitute—

“(2) Subject to paragraph (2A), there is no period of limitation in relation to an application under paragraph (1).”;

(b)after paragraph (2) insert—

“(2A) An application under paragraph (1) may not be instituted in respect of an amount payment of which became due on or before 12th July 2000.”.

Orson_Cart_2

This is not an Act of Parliament or primary legislation, its secondary legislation, but it seeks to rebuke an established Act of Parliament namely Section 2 of the Limitation Act 1980 which in any event pre-dates it.