Regulation 5 Set off of liabilities to pay child support maintenance
The circumstances prescribed for the purposes of section 41C(1)(a) of the 1991 Act, in which the F1Secretary of State may set off liabilities to pay child support maintenance, are set out in paragraph (2).
The Secretary of State may set off the liability to pay child support maintenance of one person (“A”) against the liability to pay child support maintenance of another person (“B”) where—
A is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which B is the person with care; and
B is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which A is the person with care.
There shall be no set off in relation to any amount which if paid could be retained under section 41 of the 1991 Act.
Annotations
Textual amendments
- F1
Words in reg. 5(1)(2) 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. 121(4)
Notes on the whole SI
Textual amendments
- F1
Part 4A - 4B inserted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 2(3)