Child Support Act 1991

41 Arrears of child support maintenance

(1) This section applies where—

(a) the Secretary of State is authorised under section 4, 6 or 7 to recover child support maintenance payable by an absent parent in accordance with a maintenance assessment; and

(b) the absent parent has failed to make one or more payments of child support maintenance due from him in accordance with that assessment.

(2) Where the Secretary of State recovers any such arrears he may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if he is satisfied that the amount of any benefit paid to the person with care of the child or children in question would have been less had the absent parent not been in arrears with his payments of child support maintenance.

(3) In such circumstances as may be prescribed, the absent parent shall be liable to make such payments of interest with respect to the arrears of child support maintenance as may be prescribed.

(4) The Secretary of State may by regulations make provision—

(a) as to the rate of interest payable by virtue of subsection (3);

(b) as to the time at which, and person to whom, any such interest shall be payable;

(c) as to the circumstances in which, in a case where the Secretary of State has been acting under section 6, any such interest may be retained by him;

(d) for the Secretary of State, in a case where he has been acting under section 6 and in such circumstances as may be prescribed, to waive any such interest (or part of any such interest).

(5) The provisions of this Act with respect to—

(a) the collection of child support maintenance;

(b) the enforcement of any obligation to pay child support maintenance,

shall apply equally to interest payable by virtue of this section.

(6) Any sums retained by the Secretary of State by virtue of this section shall be paid by him into the Consolidated Fund.