Part I Child Support

Financial penalties

I118 Financial penalties.

1

In section 41 of the 1991 Act (arrears of child support maintenance), subsections (3) to (5) (which provide for the payment of interest on arrears) shall cease to have effect.

2

For section 41A of the 1991 Act (arrears: alternative to interest payments) there shall be substituted—

41A Penalty payments.

1

The Secretary of State may by regulations make provision for the payment to him by non-resident parents who are in arrears with payments of child support maintenance of penalty payments determined in accordance with the regulations.

2

The amount of a penalty payment in respect of any week may not exceed 25% of the amount of child support maintenance payable for that week, but otherwise is to be determined by the Secretary of State.

3

The liability of a non-resident parent to make a penalty payment does not affect his liability to pay the arrears of child support maintenance concerned.

4

Regulations under subsection (1) may, in particular, make provision—

a

as to the time at which a penalty payment is to be payable;

b

for the Secretary of State to waive a penalty payment, or part of it.

5

The provisions of this Act with respect to—

a

the collection of child support maintenance;

b

the enforcement of an obligation to pay child support maintenance,

apply equally (with any necessary modifications) to penalty payments payable by virtue of regulations under this section.

6

The Secretary of State shall pay penalty payments received by him into the Consolidated Fund.

19 Reduced benefit decisions.

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