Article 38 Arrears of child support maintenance

This Article applies where—

Where the Department recovers any such arrears it may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if it is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the non-resident parent made the payment or payments of child support maintenance in question.

In determining for the purposes of paragraph (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the F6maintenance calculation had affect from a date earlier than that on which it was made, the F7calculation shall be taken to have been in force at that time.

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Any sums retained by the Department by virtue of this Article shall be paid by it into the Consolidated Fund.