41B Repayment of overpaid child support maintenance.

1

This section applies where it appears to the Secretary of State that an absent parent has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that—

a

it would not be possible for the absent parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a maintenance assessment; or

b

it would be inappropriate to rely on an adjustment of the amount payable under a maintenance assessment as the means of enabling the absent parent to recover the amount of the overpayment.

2

The Secretary of State may make such payment to the absent parent by way of reimbursement, or partial reimbursement, of the overpayment as the Secretary of State considers appropriate.

3

Where the Secretary of State has made a payment under this section he may, in such circumstances as may be prescribed, require the relevant person to pay to him the whole, or a specified proportion, of the amount of that payment.

4

Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Secretary of State wishes to recover from him.

5

Any sum which a person is required to pay to the Secretary of State under this section shall be recoverable from him by the Secretary of State as a debt due to the Crown.

6

The Secretary of State may by regulations make provision in relation to any case in which—

a

one or more overpayments of child support maintenance are being reimbursed to the Secretary of State by the relevant person; and

b

child support maintenance has continued to be payable by the absent parent concerned to the person with care concerned, or again becomes so payable.

7

For the purposes of this section any payments made by a person under a maintenance assessment which was not validly made shall be treated as overpayments of child support maintenance made by an absent parent.

8

In this section “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made.

9

Any sum recovered by the Secretary of State under this section shall be paid by him into the Consolidated Fund.