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Child Support Act 1991

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Child Support Act 1991, Section 41B is up to date with all changes known to be in force on or before 17 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F141B Repayment of overpaid child support maintenance.E+W+S

(1)This section applies where it appears to the [F2Secretary of State] that [F3a non-resident 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 [F3non-resident parent] to recover the amount of the overpayment by way of an adjustment of the amount payable under a [F4maintenance calculation]; or

(b)it would be inappropriate to rely on an adjustment of the amount payable under a [F4maintenance calculation] as the means of enabling the [F3non-resident parent] to recover the amount of the overpayment.

[F5(1A)This section also applies where the non-resident parent has made a voluntary payment and it appears to the [F6Secretary of State]—

(a)that he is not liable to pay child support maintenance; or

(b)that he is liable, but some or all of the payment amounts to an overpayment,

and, in a case falling within paragraph (b), it also appears to [F6the Secretary of State] that subsection (1)(a) or (b) applies.]

(2)The [F7Secretary of State] may make such payment to the [F3non-resident parent] by way of reimbursement, or partial reimbursement, of the overpayment as the [F7Secretary of State] considers appropriate.

(3)Where the [F8Secretary of State] has made a payment under this section [F8the Secretary of State] may, in such circumstances as may be prescribed, require the relevant person to pay to [F8the Secretary of State] 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 [F9Secretary of State] wishes to recover from him.

(5)Any sum which a person is required to pay to the [F9Secretary of State] under this section shall be recoverable from him by the [F9Secretary 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 [F10Secretary of State] by the relevant person; and

(b)child support maintenance has continued to be payable by the [F3non-resident parent] concerned to the person with care concerned, or again becomes so payable.

[F11(7)For the purposes of this section—

(a)a payment made by a person under a maintenance calculation which was not validly made; and

(b)a voluntary payment made in the circumstances set out in subsection (1A)(a),

shall be treated as an overpayment of child support maintenance made by a non-resident 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 [F12Secretary of State] under this section shall be paid by [F12the Secretary of State] into the Consolidated Fund.]

Textual Amendments

F1S. 41B inserted (4.9.1995 for specified purposes, 1.10.1995 for remaining purposes) by Child Support Act 1995 (c. 34), ss. 23, 30(4); S.I. 1995/2302, art. 2, Sch. Pts. 1, 2

F3Words in Act substituted (31.1.2001 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(2) (with s. 83(6)); S.I. 2000/3354, art. 2(1)(b); S.I. 2003/192, art. 3, Sch.

F5S. 41B(1A) inserted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 20(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

F11S. 41B(7) substituted (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 20(4), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.

Modifications etc. (not altering text)

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