C1C2PART 1Care and support
Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a)(2), 4-12; S.I. 2015/993, art. 2(q)
Enforcement of debts
I1C1C269C1C2Recovery of charges, interest etc.
1
Any sum due to a local authority under this Part is recoverable by the authority as a debt due to it.
2
But subsection (1) does not apply in a case where a deferred payment agreement could, in accordance with regulations under section 34(1), be entered into, unless—
a
the local authority has sought to enter into such an agreement with the adult from whom the sum is due, and
b
the adult has refused.
3
A sum is recoverable under this section—
a
in a case in which the sum becomes due to the local authority on or after the commencement of this section, within six years of the date the sum becomes due;
b
in any other case, within three years of the date on which it becomes due.
4
Where a person misrepresents or fails to disclose (whether fraudulently or otherwise) to a local authority any material fact in connection with the provisions of this Part, the following sums are due to the authority from the person—
a
any expenditure incurred by the authority as a result of the misrepresentation or failure, and
b
any sum recoverable under this section which the authority has not recovered as a result of the misrepresentation or failure.
5
The costs incurred by a local authority in recovering or seeking to recover a sum due to it under this Part are recoverable by the authority as a debt due to it.
6
Regulations may—
a
make provision for determining the date on which a sum becomes due to a local authority for the purposes of this section;
b
specify cases or circumstances in which a sum due to a local authority under this Part is not recoverable by it under this section;
c
specify cases or circumstances in which a local authority may charge interest on a sum due to it under this Part;
d
where interest is chargeable, provide that it—
i
must be charged at a rate specified in or determined in accordance with the regulations, or
ii
may not be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations.
Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a); S.I. 2015/993, art. 2(a)