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Social Security Administration Act 1992, Section 106 is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to the following provisions of this section, if income support [F1or universal credit] is claimed by or in respect of a person whom another person is liable to maintain or paid to or in respect of such a person, the Secretary of State may make a complaint against the liable person to a magistrates' court for an order under this section.
(2)On the hearing of a complaint under this section the court shall have regard to all the circumstances and, in particular, to the income of the liable person, and may order him to pay such sum, weekly or otherwise, as it may consider appropriate, except that in a case falling within section 78(6)(c) above that sum shall not include any amount which is not attributable to income support [F1or universal credit] (whether paid before or after the making of the order).
(3)In determining whether to order any payments to be made in respect of income support [F1or universal credit] for any period before the complaint was made, or the amount of any such payments, the court shall disregard any amount by which the liable person's income exceeds the income which was his during that period.
(4)Any payments ordered to be made under this section shall be made—
(a)to the Secretary of State in so far as they are attributable to any income support [F2or universal credit] (whether paid before or after the making of the order);
(b)to the person claiming income support [F2or universal credit] or (if different) the dependant; or
(c)to such other person as appears to the court expedient in the interests of the dependant.
(5)An order under this section shall be enforceable as a magistrates' court maintenance order within the meaning of section 150(1) of the M1Magistrates' Courts Act 1980.
(6)In the application of this section to Scotland, subsection (5) above shall be omitted and for the references to a complaint and to a magistrates' court there shall be substituted respectively references to an application and to the sheriff.
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 106(1)(2)(3) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 11; S.I. 2013/983, art. 3(1)(b)(ii)
F2Words in s. 106(4)(a)(b) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 11; S.I. 2013/983, art. 3(1)(b)(ii)
F3S. 106(7) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(ii)
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