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Child Support Act 1995
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[F122 Arrears of child support maintenance: alternative to interest payments.E+W+S
In the 1991 Act, insert after section 41—
41A“ Arrears: alternative to interest payments.
(1)The Secretary of State may by regulations make provision for the payment by absent parents who are in arrears with payments of child support maintenance of sums determined in accordance with the regulations.
(2)A sum payable under any such regulations is referred to in this section as an “additional sum”.
(3)Any liability of an absent parent to pay an additional sum shall not affect any liability of his to pay the arrears of child support maintenance concerned.
(4)The Secretary of State shall exercise his powers under this section and those under section 41(3) in such a way as to ensure that no absent parent is liable to pay both interest and an additional sum in respect of the same period (except by reference to different maintenance assessments).
(5)Regulations under subsection (1) may, in particular, make provision—
(a)as to the calculation of any additional sum;
(b)as to the time at which, and person to whom, any additional sum shall be payable;
(c)as to the circumstances in which, in a case where the Secretary of State has been acting under section 6, any additional sum may be retained by him;
(d)for the Secretary of State, in a case where he has been acting under section 6 and in such circumstances as may be prescribed, to waive any additional sum (or part of any additional sum).
(6)The provisions of this Act with respect to—
(a)the collection of child support maintenance;
(b)the enforcement of any obligation to pay child support maintenance,
shall apply equally to additional sums payable by virtue of regulations made under this section.
(7)Any sum retained by the Secretary of State by virtue of this section shall be paid by him into the Consolidated Fund.”]
Textual Amendments
F1S. 22 repealed (3.3.2003 for certain purposes) by ss. 85, 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
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