Child Maintenance and Other Payments Act 2008

32 Power to accept part payment of arrears in full and final satisfaction E+W+S

After section 41C of the Child Support Act 1991 (inserted by section 31 of this Act) insert—

“41D Power to accept part payment of arrears in full and final satisfaction

(1) The [F1 Secretary of State] may, in relation to any arrears of child support maintenance, accept payment of part in satisfaction of liability for the whole.

(2) The Secretary of State must by regulations make provision with respect to the exercise of the power under subsection (1).

(3) The regulations must provide that unless one of the conditions in subsection (4) is satisfied the [F1 Secretary of State] may not exercise the power under subsection (1) without the appropriate consent.

(4) The conditions are—

(a) that the [F2 Secretary of State] would be entitled to retain the whole of the arrears under section 41(2) if [F3 Secretary of State] recovered them;

(b) that the [F2 Secretary of State] would be entitled to retain part of the arrears under section 41(2) if [F3 Secretary of State] recovered them, and the part of the arrears that the [F2 Secretary of State] would not be entitled to retain is equal to or less than the payment accepted under subsection (1).

(5) Unless the maintenance calculation was made under section 7, the appropriate consent is the written consent of the person with care with respect to whom the maintenance calculation was made.

(6) If the maintenance calculation was made under section 7, the appropriate consent is—

(a) the written consent of the child who made the application under section 7(1), and

(b) if subsection (7) applies, the written consent of the person with care of that child.

(7) This subsection applies if—

(a) the maintenance calculation was made under section 7(2), or

(b) the Secretary of State has made arrangements under section 7(3) on the application of the person with care.”

Textual Amendments

F1 Words in s. 32 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 84(2)

F2 Words in s. 32 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 84(3)

F3 Words in s. 32 substituted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 84(3)

Commencement Information

I1 S. 32 wholly in force; s. 32 not in force at Royal Assent see s. 62; s. 32 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(d); s. 32 otherwise in force at 10.12.2012 by S.I. 2012/3042, art. 4(a)