Regulation 9 Application of voluntary payments

(1)

Where there has been a voluntary payment M1 the F1Secretary of State may apply the amount of the voluntary payment to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.

(2)

Where there is no previous maintenance calculation, or an amount of the voluntary payment remains 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 of the voluntary payment and the period over which it would be reasonable to adjust the amount payable for the voluntary payment to be taken into account.

(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. 9(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(8)(a)
F2: Words in reg. 9(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(8)(b)

Marginal citations

M1: “Voluntary payment” is defined in section 54 of the 1991 Act, by reference to section 28J of that Act. The definition was inserted by section 26 of, and Schedule 3 to, the 2000 Act.

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)