Regulation 6 Set off of payments against child support maintenance liability

(1)

The circumstances prescribed for the purposes of section 41C(1)(b) of the 1991 Act, in which the F1Secretary of State may set off a payment against a person's liability to pay child support maintenance, are set out in paragraph (2).

(2)

The Secretary of State may set off a payment against a non-resident parent's liability to pay child support maintenance where—

(a)

the payment falls within paragraph (3); and

(b)

the person with care agreed to the making of the payment.

(3)

A payment is of a prescribed description for the purposes of section 41C(1)(b) of the 1991 Act if it was made by the non-resident parent in respect of—

(a)

a mortgage or loan taken out on the security of the property which is the qualifying child's home where that mortgage or loan was taken out to facilitate the purchase of, or to pay for essential repairs or improvements to, that property;

(b)

rent on the property which is the qualifying child's home;

(c)

mains-supplied gas, water or electricity charges at the qualifying child's home;

(d)

council tax payable by the person with care in relation to the qualifying child's home;

(e)

essential repairs to the heating system in the qualifying child's home; or

(f)

repairs which are essential to maintain the fabric of the qualifying child's home.

Annotations

Textual amendments

F1: Words in reg. 6(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(5)

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)