Section 32H Orders under section 32F: deductions and paymentsF1

England, Wales and Scotland

(1)

Once the relevant period has ended, an order under section 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker—

(a)

if the amount standing to the credit of the account is less than the remaining amount, to pay to the F2Secretary of State the amount standing to the credit of the account; and

(b)

otherwise, to deduct from the account and pay to the Secretary of State the remaining amount.

(2)

If an amount of arrears specified in the order remains unpaid after any payment required by subsection (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker—

(a)

to pay to the Secretary of State any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and

(b)

not to do anything else that would reduce the amount standing to the credit of the account.

(3)

Once the relevant period has ended, any other order under section 32F shall operate as an instruction to the third party at which it is directed—

(a)

if the amount due to the liable person is less than the remaining amount, to pay to the Secretary of State the amount due to the liable person; and

(b)

otherwise, to deduct from the amount due to the liable person and pay to the Secretary of State the remaining amount.

(4)

If an amount of arrears specified in the order remains unpaid after any payment required by subsection (3) has been made, the order shall operate until the relevant time as an instruction to the third party—

(a)

to pay to the Secretary of State any amount (not exceeding the remaining amount) due to the liable person; and

(b)

not to do anything else that would reduce any amount due to the liable person.

(5)

This section has effect subject to regulations made under sections 32I(1) and 32J(2)(c).

(6)

In this section—

“the relevant time” means the earliest of the following—
1. (a)
  the time at which the remaining amount is paid;
2. (b)
  the time at which the order lapses or is discharged; and
3. (c)
  the time at which a prescribed event occurs or prescribed circumstances arise;
“the remaining amount”, in relation to any time, means the amount of arrears specified in the order under section 32F which remains unpaid at that time.

Annotations

Textual amendments

F1: Ss. 32E-32K inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 23, 62(3); S.I. 2009/1314, art. 2(1)(b)
F2: Words in s. 32H(1)-(4) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 39

Notes on the whole Act

Textual amendments

F1: Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.