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Section 43A Recovery of arrears from deceased's estateF1C1

England, Wales and Scotland

(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.

(2)

Regulations under subsection (1) may, in particular—

(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 F2Secretary of State;

(b)

make provision for establishing the amount of any such arrears;

(c)

make provision about procedure in relation to claims under the regulations.

(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subsection (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.

Annotations

Textual amendments

F1

S. 43A inserted (26.11.2009) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 38, 62(3); S.I. 2009/3072, art. 2(2)

F2

Words in s. 43A(2)(a) 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. 54

Modifications

C1

S. 43A modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 59(4); S.I. 2008/1476, art. 2(6)

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.