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Child Support Act 1991

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Child Support Act 1991, Section 41 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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41 Arrears of child support maintenance.E+W+S

(1)This section applies where—

(a)the [F1Secretary of State] is authorised under section 4 F2... or 7 to recover child support maintenance payable by [F3a non-resident parent] in accordance with a [F4maintenance calculation]; and

(b)the [F3non-resident parent] has failed to make one or more payments of child support maintenance due from him in accordance with that [F5calculation].

[F6(2)Where the [F7Secretary of State] recovers any such arrears [F7the Secretary of State] may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if [F7the Secretary of State] is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the [F3non-resident parent] made the payment or payments of child support maintenance in question.

(2A)In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the [F4maintenance calculation] had effect from a date earlier than that on which it was made, the [F5calculation] shall be taken to have been in force at that time.]

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any sums retained by the [F9Secretary of State] by virtue of this section shall be paid by [F9the Secretary of State] into the Consolidated Fund.

Textual Amendments

F3Words in Act substituted (31.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(2) (with s. 83(6)); S.I. 2000/3354, art. 2(1)(b); S.I. 2003/192, art. 3, Sch.

F5Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F6S. 41(2)(2A) substituted for s. 41(2) (1.10.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 11; S.I. 1995/2302, art. 2, Sch. Pt. 2

F8S. 41(3)-(5) repealed (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 18(1), 86(1)(a)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

Modifications etc. (not altering text)

C2S. 41(4) (as originally enacted) amended (14.7.2008 for specified purposes, 1.6.2009 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(34)(a); S.I. 2008/1476, art. 2(3)(b)(4)(5); S.I. 2009/1314, art. 2(2)(b)(i)

Commencement Information

I1S. 41 wholly in force; s. 41 not in force at Royal Assent see s. 58(2); s. 41(2)-(4) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 41 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

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