Regulation 2 Substitution of regulation 8 of the Arrears Regulations

For regulation 8 of the Arrears Regulations (retention of arrears), there shall be substituted the following regulation—

“ Retention of recovered arrears of child support maintenance by the Secretary of State

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(1)

This regulation applies where—

(i)

the Secretary of State recovers arrears from an absent parent under section 41 of the Act; and

(ii)

income support is paid to or in respect of the person with care or was paid to or in respect of that person at the date or dates upon which the payment or payments of child support maintenance referred to in paragraph (2) should have been made.

(2)

Where paragraph (1) applies, the Secretary of State may retain such amount of those arrears as is equal to the difference between the amount of income support that was paid to or in respect of the person with care and the amount of income support that he is satisfied would have been paid had the absent parent paid, by the due dates, the amounts due under the child support maintenance assessment in force or to be taken to have been in force by virtue of the provisions of section 41(2A) of the Act.”.