Part I The Jobseeker’s Allowance

Miscellaneous

23 Recovery of sums in respect of maintenance.

F1(1)

Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-based jobseeker’s allowance has been made to that person’s spouse F2or civil partner.

(2)

In this section “recovery order” means an order requiring the person against whom it is made to make payments to the Secretary of State or to such other person or persons as the court may determine.

(3)

Regulations under this section may make provision for the transfer by the Secretary of State of the right to receive payments under, and to exercise rights in relation to, a recovery order.

(4)

Regulations made under this section may, in particular, include provision—

(a)

as to the matters to which the court is, or is not, to have regard in determining any application under the regulations; and

(b)

as to the enforcement of recovery orders.

(5)

In this section, “the court” means—

(a)

in relation to England and Wales, F3the family court; and

(b)

in relation to Scotland, the sheriff.