Child Support, Pensions and Social Security Act 2000

21 Recovery of child support maintenance by deduction from benefit

For section 43 of the 1991 Act (contribution to maintenance by deduction from benefit) there shall be substituted—

“43 Recovery of child support maintenance by deduction from benefit

(1) This section applies where—

(a) a non-resident parent is liable to pay a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and

(b) such conditions as may be prescribed for the purposes of this section are satisfied.

(2) The power of the Secretary of State to make regulations under section 5 of the [1992 c. 5.] Social Security Administration Act 1992 by virtue of subsection (1)(p) (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that payments in respect of child support maintenance are made or that arrears of child support maintenance are recovered.

(3) For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows' pensions (within the meaning of section 150 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (interpretation)).”