Regulation 7 Application of set off

(1)

In setting off a person's liability for child support maintenance under this Part, the F1Secretary of State may apply the amount to be set off to reduce any arrears of child support maintenance due under any current maintenance calculation, or any previous maintenance calculation made in respect of the same relevant persons.

(2)

Where there are no arrears of child support maintenance due, or an amount remains to be set off after the application of paragraph (1), the F2Secretary of State may adjust the amount payable in relation to the current maintenance calculation by such amount as the Secretary of State considers appropriate in all the circumstances of the case, having regard in particular to—

(a)

the circumstances of the relevant persons; and

(b)

the amount to be set off and the period over which it would be reasonable to adjust the amount payable to set off that amount.

(3)

An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

Annotations

Textual amendments

F1: Words in reg. 7(1) 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(6)(a)
F2: Words in reg. 7(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(6)(b)

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)