(1)This section applies where—
(a)a maintenance assessment is made before a prescribed date following an application for one under section 4, 6 or 7 of the 1991 Act; or
(b)a fresh maintenance assessment has been made following either a periodic review under section 16 of the 1991 Act or a review under section 17 of that Act (as they had effect before their substitution by section 40 or 41 respectively of the M1Social Security Act 1998),
and the effective date of the assessment is earlier than the date on which the assessment was made, with the result that arrears of child support maintenance have become due under the assessment.
(2)The Secretary of State may in regulations provide that this section has effect as if it were modified so as—
(a)to apply to cases of arrears of child support maintenance having become due additional to those referred to in subsection (1);
(b)not to apply to any such case as is referred to in subsection (1).
(3)If this section applies, the Secretary of State may in prescribed circumstances agree with the absent parent, on terms specified in the agreement, that—
(a)the absent parent will not be required to pay the whole of the arrears, but only some lesser amount; and
(b)the Secretary of State will not, while the agreement is complied with, take action to recover any of the arrears.
(4)The terms which may be specified are to be prescribed in or determined in accordance with regulations made by the Secretary of State.
(5)An agreement may be entered into only if it is made before 1st April 2002 and expires before 1st April 2003.
(6)If the absent parent enters into such an agreement, the Secretary of State may, while the absent parent complies with it, refrain from taking action under the 1991 Act to recover the arrears.
(7)Upon the expiry of the agreement, if the absent parent has complied with it—
(a)he ceases to be liable to pay the arrears; and
(b)the Secretary of State may make payments of such amounts and at such times as he may determine to the person with care.
(8)If the absent parent fails to comply with the agreement he becomes liable to pay the full amount of any outstanding arrears (as well as any other amount payable in accordance with the assessment).
(9)The Secretary of State may by regulations provide for this section to have effect as if there were substituted for the dates in subsection (5) such later dates as are prescribed.
(10)In this section, “prescribed” means prescribed in regulations made by the Secretary of State.
(11)Regulations under this section shall be made by statutory instrument.
(12)No statutory instrument containing regulations under subsection (9) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament; but otherwise a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Modifications etc. (not altering text)
C1S. 27 applied (with modifications) (31.1.2001) by S.I. 2000/3174, reg. 2(1)
C2S. 27(5) modified (17.7.2002) by The Child Support (Temporary Compensation Payment Scheme) (Modification and Amendment) Regulations 2002 (S.I. 2002/1854), reg. 2
Commencement Information
I1S. 27 wholly in force at 1.1.2001; s. 27 not in force at Royal Assent see s. 86(2); s. 27 in force for certain purposes at 10.11.2000 and for all other purposes at 1.1.2001 by S.I. 2000/2994, art. 2
Marginal Citations