Collection and enforcement

C141BF1Repayment of overpaid child support maintenance.

1

This section applies where it appears to the F6Secretary of State that F2a 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 F2non-resident parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a F5maintenance calculation; or

b

it would be inappropriate to rely on an adjustment of the amount payable under a F5maintenance calculation as the means of enabling the F2non-resident parent to recover the amount of the overpayment.

F31A

This section also applies where the non-resident parent has made a voluntary payment and it appears to the F7Secretary 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 F7the Secretary of State that subsection (1)(a) or (b) applies.

2

The F8Secretary of State may make such payment to the F2non-resident parent by way of reimbursement, or partial reimbursement, of the overpayment as the F8Secretary of State considers appropriate.

3

Where the F9Secretary of State has made a payment under this section F9the Secretary of State may, in such circumstances as may be prescribed, require the relevant person to pay to F9the 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 F10Secretary of State wishes to recover from him.

5

Any sum which a person is required to pay to the F10Secretary of State under this section shall be recoverable from him by the F10Secretary 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 F11Secretary of State by the relevant person; and

b

child support maintenance has continued to be payable by the F2non-resident parent concerned to the person with care concerned, or again becomes so payable.

F47

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.