C1C2PART 1Care and support

Annotations:
Modifications etc. (not altering text)
C2

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.