262.New section 43(1) states that the section applies where the non-resident parent is liable to pay a flat rate of child support maintenance because he (or his partner) is receiving one of a range of prescribed benefits or a war pension. This subsection also allows regulations to prescribe additional conditions which may have to be satisfied before a deduction can be made.
263.New section 43(2) is an enabling provision which allows maintenance or arrears to be deducted from benefits, by means of regulations under subsection (1)(p) of section 5 of the Social Security Administration Act 1992*).
264.New section 43(3) provides that, for the purposes of making deductions from benefit, a war pension is to be included as a benefit.
Part 1: Child Support. Commentary on Sections Miscellaneous New section 43 – recovery of child support maintenance by deduction from benefit