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Child Maintenance and Other Payments Act 2008

Section 33: Power to write off arrears

338.This section inserts new section 41E into the Child Support Act 1991, enabling the Commission to write off arrears in circumstances where it appears to the Commission that:

  • the circumstances of a case are as specified in regulations made by the Secretary of State; and

  • it would be unfair or otherwise inappropriate to enforce liability for maintenance arrears (for example, if a parent with care does not wish the arrears to be pursued because of a reconciliation with the non-resident parent).

339.Subsection (2) of section 41E provides regulation-making power to the Secretary of State with respect to the Commission’s power to write off arrears.

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