Collection and enforcement

C132FF1Lump sum deductions: final orders

1

The F2Secretary of State may make an order under this section in pursuance of a proposal specified in an order under section 32E if—

a

the order in which the proposal was specified (“the interim order”) is in force;

b

the period prescribed for the making of representations to the F2Secretary of State in respect of the proposal specified in the interim order has expired; and

c

the F2Secretary of State has considered any representations made to F2the Secretary of State during that period.

2

An order under this section—

a

shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;

b

if the interim order was made by virtue of section 32E(1)(a), shall specify the account specified in the interim order; and

c

shall specify the amount of arrears of child support maintenance in respect of which it is made.

3

The amount so specified—

a

shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this section is made; and

b

if the order is made in respect of a joint account, shall not exceed the amount that appears to the Commission to be fair in all the circumstances.

4

In determining the amount to be specified in an order made in respect of a joint account the F3Secretary of State shall have particular regard—

a

to the amount contributed to the account by each of the account-holders; and

b

to such other matters as may be prescribed.

5

An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the F3Secretary of State

a

that liability for the amount would not be affected were the appeal to succeed; or

b

where paragraph (a) does not apply, that the making of an order under this section in respect of the amount would nonetheless be fair in all the circumstances.

6

The F4Secretary of State shall serve a copy of any order made under this section on—

a

the deposit-taker or third party at which it is directed;

b

the liable person; and

c

if the order is made in respect of a joint account, the other account-holders.