Part 3Child support etc.
Debt management powers
I132Power to accept part payment of arrears in full and final satisfaction
After section 41C of the Child Support Act 1991 (inserted by section 31 of this Act) insert—
41DPower to accept part payment of arrears in full and final satisfaction
1
The F1Secretary 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 F1Secretary of State may not exercise the power under subsection (1) without the appropriate consent.
4
The conditions are—
a
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.