Part 1Employment and support allowance

Miscellaneous

23Recovery of sums in respect of maintenance

1

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

2

The reference in subsection (1) to a recovery order is to 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 subsection (1) may include—

a

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

b

provision as to the enforcement of orders under the regulations;

c

provision for the transfer by the Secretary of State of the right to receive payments under, and to exercise rights in relation to, orders under the regulations.

4

In this section, “the court” means—

a

in relation to England and Wales, a magistrates' court;

b

in relation to Scotland, the sheriff.