{
  "url": "https://openlegislation.uk/child-maintenance-and-other-payments-act-2008/section-38",
  "json_url": "https://openlegislation.uk/child-maintenance-and-other-payments-act-2008/section-38.json",
  "legislation": "ukpga/2008/6",
  "legislation_title": "Child Maintenance and Other Payments Act 2008",
  "legislation_url": "https://openlegislation.uk/child-maintenance-and-other-payments-act-2008",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Recovery of arrears from deceased's estate",
  "text": "After section 43 of the Child Support Act 1991 (c. 48) insert—\n“Recovery of arrears from deceased's estate\n43A (1) The Secretary of State may by regulations make provision for the recovery from the estate of a deceased person of arrears of child support maintenance for which the deceased person was liable immediately before death.\n(2) Regulations under subsection (1) may, in particular—\n(a) make provision for arrears of child support maintenance for which a deceased person was so liable to be a debt payable by the deceased's executor or administrator out of the deceased's estate to the Commission;\n(b) make provision for establishing the amount of any such arrears;\n(c) make provision about procedure in relation to claims under the regulations.\n(3) Regulations under subsection (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.”",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2008/6/section/38",
    "retrieved_at": "2026-10-29T09:12:10.634132+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}