Paragraph 3 ArrearsF1

England, Wales and Scotland

(1)

F2..., the Secretary of State may deduct the sum of F3£8.40 per week from a specified benefit which the beneficiary has been awarded andF4... pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the beneficiary’s liability to pay arrears of maintenanceF5, and retain any amount deducted in discharge of any liability to pay a fee.

(F61A)

No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.

F7(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F83)

In sub-paragraph (1) “maintenance” means child support maintenance as defined by section 3(6) of the Act—

(a)

before the amendment of the definition of such maintenance by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000;

(b)

after the amendment of the definition; or

(c)

both before and after the amendment of the definition,

and includes maintenance payable at a transitional rate in accordance with regulations made under section 29(3)(a) of that Act.

Annotations

Textual amendments

F1: Sch. 9B inserted (31.1.2001) by The Social Security (Claims and Payments) Amendment Regulations 2001 (S.I. 2001/18), regs. 1(1), 2(b), Sch. (with reg. 3)
F2: Words in Sch. 9B para. 3(1) omitted (4.7.2019) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 5(3)(a)(i)
F3: Sum in Sch. 9B para. 3(1) substituted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 5(3)(a)(ii)
F4: Words in Sch. 9B para. 3(1) omitted (4.7.2019) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 5(3)(a)(iii)
F5: Words in Sch. 9B para. 3(1) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(4)(b)
F6: Sch. 9B para. 3(1A) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 5(3)(b)
F7: Sch. 9B para. 3(2) omitted (4.7.2019) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 5(3)(c)
F8: Sch. 9B para. 3(3) added (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002 (S.I. 2002/1950), regs. 1(2), 3(b)

Notes on the whole SI

Textual amendments

F1: Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)