[F1Reimbursement of a repayment of overpaid child maintenance
10A.—(1) The Secretary of State may require a relevant person to repay the whole or a part of any payment by way of reimbursement made to an [F2 non-resident parent ] under section 41B(2) of the Act where the overpayment referred to in section 41B(1) of the Act arose—
(a) in respect of the amount payable under a maintenance [F3calculation] calculated in accordance with Part I of Schedule 1 to the Act and where income support[F4, income-related employment and support allowance][F5, state pension credit] [F6 or income-based jobseeker’s allowance ] , F7... was not in payment to that person at any time during the period in which that overpayment occurred or at the date or dates on which the payment by way of reimbursement was made; or
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In a case falling within section 4 or 7 of the Act , where the circumstances set out in section 41B(6) apply, the Secretary of State may retain out of the child support maintenance collected by him in accordance with section 29 of the Act such sums as cover the amount of any payment by way of reimbursement required by him from the relevant person under section 41B(3) of the Act . ]
Textual Amendments
F1Reg. 10A inserted (22.1.1996) by S.I. 1995/3261, reg. 3
F2Words in reg. 10A(1) substituted (3.3.2003) by (S.I. 2001/162), reg. 5(4)(c) (with reg. 6)
F3Words in reg. 10A(1)(a) substituted (3.3.2003) by S.I. 2001/162, reg. 5(4)(b) (with reg. 6)
F4Words in reg. 10A(1)(a) inserted (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 4
F5Word in reg. 10A inserted (6.10.2003) by S.I. 2002/3019, reg. 26(3)
F6Words in reg. 10A inserted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 3(2)(c)
F7Words in reg 10A(1)(a) omitted (3.3.2003) by S.I. 2001/162, reg. 5(4)(e) (with reg. 6)
F8Reg. 10A(1)(b) omitted (3.3.2003) by S.I. 2001/162, reg. 5(4)(e) (with reg. 6)