- Latest available (Revised)
- Point in Time (06/04/2009)
- Original (As enacted)
Version Superseded: 01/06/2009
Point in time view as at 06/04/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Child Support Act 1991, Section 41 is up to date with all changes known to be in force on or before 17 October 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies where—
(a)the [F1Commission] 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 [F7Commission] recovers any such arrears [F8it] may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if [F8it] 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.]
F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Any sums retained by the [F10Commission] by virtue of this section shall be paid by [F11it] into the Consolidated Fund.
Textual Amendments
F1Word in s. 41(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(2); S.I. 2008/2675, art. 3(b) (with art. 4)
F2Word in s. 41(1)(a) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
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.
F4Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); 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
F7Word in s. 41(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(3)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F8Word in s. 41(2) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(3)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
F9S. 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. 1 (with s. 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F10Word in s. 41(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(4)(a); S.I. 2008/2675, art. 3(b) (with art. 4)
F11Word in s. 41(6) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 43(4)(b); S.I. 2008/2675, art. 3(b) (with art. 4)
Modifications etc. (not altering text)
C1Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))
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
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: