Child Support Act 1991

[F128J Voluntary payments.U.K.

(1)This section applies where—

(a)a person has applied for a maintenance calculation under section 4(1) or 7(1) F2... ;

(b)the [F3Secretary of State] has neither made a decision under section 11 or 12 on the application, nor decided not to make a maintenance calculation; and

(c)the non-resident parent makes a voluntary payment.

(2)A “voluntary payment” is a payment—

(a)on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the [F4Secretary of State] has agreed to give); and

(b)made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the [F4Secretary of State] has notified the non-resident parent that [F4the Secretary of State] has decided not to make a maintenance calculation.

(3)In such circumstances and to such extent as may be prescribed—

(a)the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;

(b)the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.

(4)A voluntary payment shall be made to the [F5Secretary of State] unless [F5the Secretary of State] agrees, on such conditions as [F5the Secretary of State] may specify, that it may be made to the person with care, or to or through another person.

(5)The Secretary of State may by regulations make provision as to voluntary payments, and the regulations may in particular—

(a)prescribe what payments or descriptions of payment are, or are not, to count as “voluntary payments”;

(b)prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.]

Textual Amendments

F1S. 28J and cross-heading inserted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 20(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 5