Regulation 3 Insertion of regulation 10A into the Arrears Regulations

After regulation 10 of the Arrears Regulations (adjustment of amounts), there shall be inserted the following regulation—

“ Reimbursement of a repayment of overpaid child maintenance

10A

(1)

The Secretary of State may require a relevant person to repay the whole or a part of any payment by way of reimbursement made to an absent parent under section 41B(2) of the Act where the overpayment referred to in section 41B(1) of the Act arose—

(a)

in respect of the amount payable under a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act and where income support, family credit or disability working allowance was not in payment to that person at any time during the period in which that overpayment occurred or at the date or dates on which the payment by way of reimbursement was made; or

(b)

in respect of the amount payable under an interim maintenance assessment and that amount has not been varied under regulation 8D(1) of the Maintenance Assessment Procedure Regulations following the making of a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act.

(2)

In a case falling within section 4 or 7 of the Act, where the circumstances set out in section 41B(6) apply, the Secretary of State may retain out of the child support maintenance collected by him in accordance with section 29 of the Act such sums as cover the amount of any payment by way of reimbursement required by him from the relevant person under section 41B(3) of the Act.”.