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3.—(1) Except where income support[F2, state pension credit][F3, income-based jobseeker's allowance or income-related employment and support allowance] is payable to the beneficiary or his partner, the Secretary of State may deduct the sum of [F4£1.20] per week from a specified benefit which the beneficiary has been awarded and, subject to sub-paragraph (2), pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the beneficiary’s liability to pay arrears of maintenance[F5, and retain any amount deducted in discharge of any liability to pay a fee].
(2) Deductions made under sub-paragraph (1) may be retained by the Secretary of State in the circumstances set out in regulation 8 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992.
[F6(3) In sub-paragraph (1) “maintenance” means child support maintenance as defined by section 3(6) of the Act—
(a)before the amendment of the definition of such maintenance by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000;
(b)after the amendment of the definition; or
(c)both before and after the amendment of the definition,
and includes maintenance payable at a transitional rate in accordance with regulations made under section 29(3)(a) of that Act.]]
Textual Amendments
F1Sch. 9B inserted (31.1.2001) by The Social Security (Claims and Payments) Amendment Regulations 2001 (S.I. 2001/18), regs. 1(1), 2(b), Sch. (with reg. 3)
F2Words in Sch. 9B para. 3(1) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(3)
F3Words in Sch. 9B para. 3(1) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 28(3)
F4Sum in Sch. 9B para. 3(1) substituted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(4)(a)
F5Words in Sch. 9B para. 3(1) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(4)(b)
F6Sch. 9B para. 3(3) added (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002 (S.I. 2002/1950), regs. 1(2), 3(b)
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