Commentary on Sections Part 6: Miscellaneous Section 139: Recovery of child support maintenance by deduction from benefit
703.Currently section 43 of the Child Support Act 1991 makes provision for the recovery of child support maintenance by deduction from benefit. Subsection (2) of that section provides that the power of the Secretary of State to make regulations under section 5 of the Social Security Act 1992 includes power to secure payment of child support maintenance by a deduction from benefit.
704.Section 139 substitutes subsections (1) and (2) of section 43 of the 1991 Act with two new subsections. The new subsections continue to allow for the recovery of child support maintenance by deduction from benefit (including the recovery of arrears). They also allow for the recovery by deduction from benefit of fees payable under section 6 of the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”) by the non-resident parent.