Office of Public Sector Information
308.New subsection (2C) requires the court to inquire (in the presence of the non-resident parent against whom the liability order has been made) about that person’s means, and whether they have wilfully refused or culpably neglected to pay the child support maintenance for which they are liable.
309.New subsection (2D) prevents a court, when considering an application for committal to prison, from questioning the liability order on which an application has been made, or the original maintenance calculation which is the basis of the liability order.
310.Subsection (2) of section 29 replaces subsection (10) of section 40, and provides that the court may order the search of a non-resident parent in respect of whom a commitment to prison order has been made. During a search, any money found on a non-resident parent shall (unless the court otherwise directs) be taken by the court and put towards the amount specified in the order (the balance, if any, would be returned to the person searched). The court is prevented from taking money if it is satisfied that it does not belong to the person searched.
311.Subsection (3) inserts four new subsections (A1), (A2), (A3) and (A4) into section 40A of the Child Support Act 1991. These provisions will enable the Commission to make a separate application to the sheriff to commit a non-resident parent to prison if they fail to pay child support maintenance.
312.The new subsection (A1) enables the Commission to apply to the sheriff for the issue of a warrant committing a non-resident parent, against whom a liability order has been made, to prison if:
it has sought to recover the amount for which the liability order was made through the use of bailiffs (in England and Wales), or diligence action (in Scotland) or by means of a third party debt order or charging order;
the whole or any part of the amount due in respect of the order remains unpaid; and
it is of the opinion that that the non-resident parent has wilfully refused or culpably neglected to pay maintenance.
313.New subsection (A2) provides that the Commission is to be taken as having sought to recover arrears through a charging order if an interim charging order is in place, whether or not further action has been taken to recover the amount.
314.New subsection (A3) requires the sheriff to inquire (in the presence of the non-resident parent against whom the liability order has been made) about that person’s means, and establish whether they have wilfully refused or culpably neglected to pay the child support maintenance for which they are liable.
315.New subsection (A4) prevents the sheriff, when considering an application for committal to prison, from questioning the liability order on which an application has been made, or the original maintenance calculation which is the basis of the liability order.
316.Subsection (4) of section 29 inserts four new subsections (7A), (7B), (7C) and (7D) into section 40A to provide that the sheriff may order the search of a non-resident parent in respect of whom a commitment to prison order has been made. During a search, any money found on the non-resident parent shall (unless the sheriff otherwise directs) be taken by the sheriff and put towards the amount specified in the order (the balance, if any, would be returned to the non-resident parent). The sheriff is prevented from taking money if he is satisfied that it does not belong to the non-resident parent.
317.Section 30 amends section 40B of the Child Support Act 1991, to enable the Commission to make a separate application to the magistrates’ court (or, in Scotland, the sheriff) to disqualify a non-resident parent for holding or obtaining a driving licence if they fail to pay child support maintenance.
318.Subsection (A1) of the revised section 40B enables the Commission to apply to a magistrates’ court (or, in Scotland, the sheriff) for an order disqualifying a non-resident parent for holding or obtaining a driving licence if:
it has sought to recover an amount through the use of bailiffs (in England and Wales), or diligence action (in Scotland) or by means of a third party debt order or charging order;
the whole or any part of the amount due remains unpaid; and
it is of the opinion that that the non-resident parent has wilfully refused or culpably neglected to pay maintenance.
319.Subsection (A2) provides that the court may specify the length of the disqualification order, but that it will not exceed two years.
320.Subsection (A3) determines that the Commission is to be taken as having sought to recover arrears through a charging order if an interim charging order is in place, whether or not further action has been taken to recover the amount.
321.Subsection (A4) requires the court to inquire (in the presence of the non-resident parent against whom the liability order has been made) about whether that person requires a driving licence to earn a living, that person’s means, and whether they have wilfully refused or culpably neglected to pay the child support maintenance for which they are liable.
322.Subsection (A5) prevents a court, when considering an application made under this section, from questioning the liability order on which an application has been made, or the original maintenance calculation which is the basis of the liability order.
323.Subsection (1) of the revised section 40B provides that only if the court finds that there has been wilful refusal or culpable neglect on the part of the non-resident parent, it may make a disqualification order against the non-resident parent, or make such an order but suspend it until such time and on such conditions as it thinks just.
324.Subsection (2) replaces subsection (10) of section 40B, to enable the court to order a search of a non-resident parent in respect of whom a disqualification order has been made. During a search, any money found on a non-resident parent can be taken by the court and put towards the amount specified in the order (the balance, if any, would be returned to the person searched). The court is prevented from taking any money if it is satisfied that it does not belong to the person searched.
325.This section inserts a new section 41C into the Child Support Act 1991 which provides the Secretary of State with regulation-making powers enabling the Commission to offset liabilities to pay child support maintenance (including arrears) in prescribed circumstances.
326.Subsection (1)(a) of section 41C enables the Commission to offset liabilities to pay child support maintenance. It is envisaged that offsetting will occur mainly where a child moves from the care of one parent to the other, and therefore the non-resident parent becomes the parent with care and vice versa. If the non-resident parent who becomes the parent with care has built up arrears, some or all of the maintenance liability of the new non-resident parent may be offset against those arrears.
327.Offsetting may also apply where liability switches from one parent to the other for other reasons, for example, where each parent is caring for one or more children and there is a change in income. Where both parents have arrears these may also be offset against each other.
328.Subsection (1)(b) enables the Commission, in certain circumstances, to accept payments made by the non-resident parent to prescribed third parties as payments against ongoing liability or arrears.
329.Subsection (2) confirms that offsetting maintenance payments and third party payments as described in subsection (1) will result in the liability of a non-resident parent being met to the extent that it has been set off.
330.Subsection (3) applies the offsetting rules only to those cases where the Commission is authorised to make arrangements for the collection of the child support maintenance.
331.This section inserts new section 41D into the Child Support Act 1991 which enables the Commission to accept partial payments of maintenance arrears from a non-resident parent in final settlement of the whole arrears.
332.Subsection (2) provides regulation-making power to the Secretary of State with regard to the Commission exercising its power to accept part payment in satisfaction of the liability. Subsection (3) provides that the regulations must provide that the Commission cannot accept partial payment in full and final settlement without the consent stipulated in subsections (5) to (7), unless one of the conditions in subsection (4) is met.
333.The conditions set out in subsection (4) relate to arrears which may be retained by the Commission because a person with care was in receipt of prescribed benefits at the time the arrears accrued. Where the person with care is in receipt of prescribed benefits they are paid their full benefit entitlement, but the Commission may retain child maintenance payments to offset the benefit expenditure.
334.Subsection (4)(a) sets out that the Commission would not require consent where all of the arrears may be retained by the Commission if recovered.
335.Subsection (4)(b) relates to arrears, some of which are owed to the person with care and some of which may be retained by the Commission because the person with care was in receipt of prescribed benefits for part of the time when the arrears were accruing. In this situation the Commission would not require consent if the amount of arrears which would be due to the person with care is equal to or less than the payment it has agreed to accept as full and final settlement.
336.Subsection (5) stipulates that written consent from the person with care is required unless the application for a maintenance calculation is made by a child of 12 or over in Scotland.
337.Subsections (6) and (7) set out that where an application for a maintenance calculation is made by a child in Scotland, their written consent is required. The person with care’s consent is also required where:
the maintenance calculation takes account of any other qualifying children of the non-resident parent who are in the care of the same person with care as the child who made the application; or,
a maintenance calculation is made following an application by a child in Scotland and the person with care subsequently applies to the Commission for the child support maintenance to be collected and/or enforced.
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.
340.Section 34 inserts new section 49A into the Child Support Act 1991, which provides regulation-making power to the Secretary of State, to enable the Commission to enter into arrangements with other persons or organisations under which liability in respect of arrears of child support maintenance becomes debt due to such a person or organisation.
341.Subsection (2) of new section 49A prevents the Commission from using its enforcing powers in relation to collecting any debt that has been transferred, and also ensures that only the transferee will have title to the debt.
342.Subsection (3)provides that the regulations must prevent the Commission from entering into arrangements to transfer child maintenance debt without the consent stipulated in subsections (6) to (8), unless one of the conditions in subsection (4) is met.
343.The conditions set out in subsection (4) relate to arrears which may be retained by the Commission because a person with care was in receipt of prescribed benefits at the time the arrears accrued. Where the person with care is in receipt of such benefits, they are paid their full benefit entitlement, but the Commission may retain child maintenance payments to offset the benefit expenditure. Subsection (4)(a) sets out that the Commission would not require consent to transfer arrears if all the arrears may be retained by the Commission if recovered.
344.Subsection (4)(b) relates to arrears some of which are owed to the person with care and some of which may be retained by the Commission because the person with care was in receipt of prescribed benefits for some of the time when the arrears were accruing. In this situation the Commission would not require consent to transfer arrears if the amount of arrears which would be due to the person with care is equal to or less than the transfer payment.
345.Subsection (5) defines, for the purposes of this section, that “transfer payment” means:
the payment that the Commission would receive from transferee once the arrears have been transferred; and
such other payments under the transfer arrangements as may be prescribed.
346.Subsection (6) stipulates that written consent is required from the person with care unless an application for a maintenance calculation is made by a child of 12 or over in Scotland.
347.Subsections (7) and (8) set out that where an application for a maintenance calculation has been made by a child in Scotland their written consent is required and the consent of the person with case where:
the maintenance calculation takes account of any other qualifying children of the non-resident parent who are in the care of the same person with care as the child who made the application; or,
a maintenance calculation has been made following the application by a child and the person with care subsequently applies to have the child support maintenance to be collected and/or enforced.
348.Subsection (9) provides that regulations made by the Secretary of State under this power may:
Specify when arrears would be considered for transfer. The regulations could specify, for example, that arrears could be transferred only if the consent of the person with care has been obtained.
Specify the type of transferee to which arrears can be transferred. The regulations could, for example, include safeguards to ensure that the transferee is reputable and abides by a professional code of conduct.
Specify the terms and conditions which the transfer arrangements must include. The regulations may require, for example, that the transfer agreement must provide that the debt can not be sold on further.
Provide that a payment made to the Commission under transfer arrangements may be treated for prescribed purposes as if it were a payment of child support maintenance.
349.Subsection (10)sets out further that the regulations may include:
provision as to the means of recovery the transferee is able to use;
provision that the Commission may, in certain circumstances, prevent a transferee from taking steps to recover it. The circumstances could be, for example, that the steps being taken are inappropriate; and
provision regarding the type of information which the Commission may supply to a transferee, for the purposes of recovering the debt.
350.This section amends sections 4, 7 and 9 of the Child Support Act 1991 to provide that, for the avoidance of doubt, a Minute of Agreement registered for execution in the Books of Council and Session, or the sheriff court books, which has been in force for less than twelve months, will exclude a person (or a child in Scotland) from making an application for a maintenance calculation.
351.This section inserts a new subsection (3A) into section 14A of the Child Support Act 1991, which deals with offences relating to the provision of information.
352.Subsection (3A) includes, as someone who is committing an offence, a person who is liable to make payments of child support maintenance who does not notify their change of address to the Commission, where regulations require them to do so.
353.This section inserts a new paragraph (g) into section 42(2) of the Child Support Act 1991.
354.Section 42 enables the Secretary of State to prescribe cases as ‘special cases’ for the purposes of the Act, and subsequently to make regulations concerning those special cases.
355.New subsection (g) will include as a ‘special case’ the circumstances where two parents of the same children each have care for one or more of those children, and so each parent is both a parent with care and a non-resident parent.
356.Currently in these circumstances, each parent will be required to make a maintenance payment to the other. The new provision will allow for the offset of maintenance liabilities between the two parents, so that only the parent with the highest liability will actually make a payment.
357.Section 38 inserts a new section 43A into the Child Support Act 1991, which gives the Secretary of State power to make regulations to enable arrears of child support maintenance to be recovered from the estate of a deceased non-resident parent.
358.Subsection (2) of new section 43A sets out that regulations made under subsection (1)may provide for:
the arrears to be paid by the executor or administrator of a deceased non-resident parent out of the non-resident parent’s estate, to the Commission;
how the amount of the arrears to be paid out of the estate is determined; and
the procedure by which claims for arrears against the deceased non-resident parent’s estate are made.
359.Subsection (3) states that regulations may also provide for the executor or administrator to institute, continue or withdraw any proceedings. The regulations could, for example, enable the personal representative to exercise a right of appeal that the deceased might have had.
360.This change will enable the recovery of arrears of child support maintenance from the estate of a deceased non-resident parent where it is appropriate to do so. It is intended that arrears of child support maintenance will be treated in the same way as civil debt, and will be paid before the estate is distributed to the beneficiaries. Personal representatives will be required to deduct the arrears from the assets of the deceased. They will also have rights to appeal and dispute the arrears demand. Regulations will also make provision for the procedure to be followed in determining the amount of any arrears and for resolving any dispute that arises in relation to a claim against a deceased non-resident parent’s estate.
361.Section 39 inserts two new sections 49B and 49C into the Child Support Act 1991 to enable a party to family proceedings to disclose information relating to those proceedings to the Commission or to a person providing services to the Commission without such a disclosure being a contempt of court, unless a court dealing with the proceedings directs that the section does not apply.
362.Subsections (2)and (3) of section 49B clarify that the section applies if the party is a person with care in relation to a child, or a child of 12 or over in Scotland, for whom child support maintenance is payable or an application for child support maintenance has been made, and the party reasonably considers that the information is relevant to the Commission carrying out its functions in relation to that application
363.Subsection (4) allows a representative, if instructed by the party, to make a disclosure on their behalf.
364.Subsection (5) defines “representative” for the purposes of this section.
365.Section 49C(1) lists the proceedings that are “family proceedings” for the purposes of section 49B. Only proceedings commenced on or after the day on which section 49B comes into force are covered.
366.Subsection (2) defines “ancillary relief” for the purposes of subsection (1)(a)
367.Subsections (3) and (4) enable the Secretary of State to make an amendment by order, with the consent of the Lord Chancellor, to provide that “family proceedings” include proceedings of a description specified in the order, as long as the proceedings were not begun before the order comes into force.
368.Section 40 inserts new section 49D into the Child Support Act 1991 which relates to the disclosure of information to credit reference agencies.
369.Section 49D allows the Commission to disclose certain information relating to non-resident parents to credit reference agencies. It will only allow the Commission to disclose information relating to a non-resident parent where that person has given their consent to the disclosure or is subject to a liability order. Credit reference agencies will be able to use the information only for the purpose of providing information relevant to the financial standing of individuals.
370.Subsection (2) of section 49D specifies that the information the Commission is able to disclose should meet all of the following criteria:
the information is held by the Commission for any purpose under the Child Support Act 1991;
it relates to a non-resident parent who is liable to pay child support maintenance; and
it is of a description specified in regulations.
371.Subsection (4) provides that regulations made under section 14(3) of the Child Support Act 1991 may not make provision authorising the supply of information to credit reference agencies. Section 14 concerns the requiring and disclosing of information by the Secretary of State. This provision means that if the Secretary of State wishes to disclose information to credit reference agencies, he must rely on the provisions in this new section. He can not circumvent the safeguards provided by using other regulation-making provisions.
372.Subsection (5) provides that for the purposes of this section, ‘credit reference agency’ has the same meaning as in the Consumer Credit Act 1974, which is ‘a person carrying on a business comprising the furnishing of persons with information relevant to the financial standing of individuals, being information collected by the agency for that purpose’.
373.This section inserts a new section 51A into the Child Support Act 1991, enabling the power to pilot any regulation-making power made under that Act.
374.Subsection (1) prevents a pilot scheme from lasting more than twenty four months.
375.Subsection (2) provides that for the purposes of this section, regulations being piloted will be referred to as a ‘pilot scheme’.
376.Subsection (3) enables a pilot scheme to apply in relation to specific areas, classes of person or persons who meet prescribed criteria, or are selected by sampling.
377.Subsection (4) enables transitional arrangements to be made where necessary for cases involved in any pilot schemes, when the pilot period ends.
378.Subsection (5) enables a further pilot to operate under the same or similar circumstances once the initial, or any further, pilot ends.
379.Section 42 replaces section 55 of the Child Support Act 1991 to amend the definition of a child. Subsection (1) of section 55 increases the potential upper age limit of a child from up to the nineteenth birthday, to up to the twentieth birthday in prescribed circumstances. It is intended that this change will only apply to applications made under the new arrangements once they are introduced.
380.It is intended that the regulations will operate to re-align the definition of a child with that used in child benefit legislation following the Child Benefit Act 2005. Child Benefit can now be paid up to a person’s twentieth birthday (previously it stopped at the nineteenth birthday) and it is no longer confined to those in full-time non-advanced education, but is also payable for persons undertaking ‘approved training’.
381.This section provides for the write off of outstanding liability in respect of interest and fees. Regulations under the Child Support Act 1991 made in 1992 introduced changes which meant that interest could be charged on arrears of maintenance, and that fees could be charged to parents using the CSA collection service. These regulations were revoked in 2001, and debt which built up as a result of parents not paying interest or fees will be extinguished.
382.Paragraph (a) provides that debt which accrued from interest charged under the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992, will be extinguished.
383.Paragraph (b) provides that debt which resulted from unpaid fees charged to parents under the Child Support Fees Regulations 1992 will be extinguished.
384.This section introduces Schedule 6 which sets out information sharing gateways. The gateways enable information to be supplied to the Commission by the Department for Work and Pensions, HMRC, and the Northern Ireland Department for use for the purpose of functions relating to child support. They also enable information held by the Commission, for the purposes of functions relating to child support, to be supplied to the Department for Work and Pensions, HMRC and Customs and the Northern Ireland Department for the purpose of specified functions for each of these Departments.
385.This section replaces subsection (3) and amends subsection (4) of section 105 of the Social Security Administration Act 1992 (“the Administration Act”).
386.Section 105 provides that it is a criminal offence for a person to persistently refuse or neglect to maintain themselves or a person whom they are liable to maintain, if the result of that refusal or neglect is that income support is payable to or in respect of any of those persons. Section 78(6) of the Act provides that a person is liable to maintain their spouse or civil partner, their children and sponsored immigrants. Section 106 enables the Secretary of State to apply to a magistrates’ court to secure the recovery of benefit from a liable person who fails to maintain.
387.When income-based jobseekers allowance was introduced in 1996, the extent to which section 105 applied for that benefit was limited to failure to maintain spouses (and later, civil partners) only.
388.Under section 6 of the Child Support Act 1991 parents with care in receipt of income support or income-based jobseeker’s allowance were treated as having applied for child support maintenance. As a result, action to pursue maintenance for children under section 105, in order to offset income support expenditure, fell into disuse although it is still available to pursue spousal maintenance.
389.Since the Act provides for the repeal of section 6 of the Child Support Act 1991, parents with care claiming income support or income-based jobseeker’s allowance will no longer be treated as applying for child support maintenance and will have the freedom to make arrangements outside of the statutory scheme.
390.Section 105, as it currently stands, would allow the Department to pursue non-resident parents for child support maintenance where the person with care is in receipt of income support. The amendment to section 105 ensures that the legislation is consistent in its approach and allows parents to have a choice.
391.These amendments will result in a consistent approach to child support maintenance for both income support and income-based jobseeker’s allowance.
392.This section provides for the Secretary of State to make a lump sum payment to either a person with diffuse mesothelioma, or to their dependant if the person with diffuse mesothelioma is deceased.
393.Subsection (2) provides that entitlement to a lump sum payment is dependent on satisfying certain conditions which are specified in section 47.
394.Subsection (3) provides that regulations may:
set out the amount that should be paid as a lump sum; and
set the amount at different levels for different people. This may be based on factors such as, for example, whether they are a person with mesothelioma, or a dependant of a person with mesothelioma.
395.Subsection (4) defines what is meant by a ’dependant’ of a person who, immediately before their death, suffered from mesothelioma. It also defines “diffuse mesothelioma” as having the same meaning as under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979. A dependant can bring a claim for a lump sum payment under this part of the legislation if their relative with mesothelioma has died. A dependant is defined as:
a wife or husband or civil partner who was living with the person with mesothelioma;
children under 16 years of age;
children under 21 years of age who are not receiving wages from full time employment;
children of any age who are permanently unable to support themselves;
a person living with the person with mesothelioma as if they were husband and wife or as if they were civil partners;
any other relatives who are completely or mostly dependent on the person with mesothelioma immediately before their death and who are also under the age of 16, under the age of 21 and not receiving wages from full time employment, or permanently unable to support themselves.
396.Payments are to be made to the dependant who is listed first in the above definition.
397.Subsection (5) provides that where more than one dependent may claim, the Secretary of State will decide whether the payment is paid to one or more of them. This could happen, for example, when a person with mesothelioma does not have a wife or husband, or civil partner, who was living with them, but has three children under the age of 16.
398.Section 47 sets out the conditions that must be satisfied by persons with mesothelioma, and by a dependant of a person who, immediately before their death, suffered from mesothelioma in order for a lump sum payment to be made.
399.Subsection (1)(a) provides that to be entitled to a lump sum payment a person with mesothelioma must not have already received a payment in respect of mesothelioma contained in the provisions of subsection (3).
400.Subsection (1)(b) provides that to be entitled to a lump sum payment a person must not be eligible, in respect of mesothelioma, for a payment of a type prescribed by regulations.
401.Subsection (1)(c) provides that there may be a requirement for the person to have links with the United Kingdom. Any links would be prescribed by regulations.
402.Subsection (2)(a) provides that for a dependant of a deceased person who suffered from mesothelioma immediately before their death to be entitled to a lump sum payment, neither they, nor the deceased person with mesothelioma, nor the deceased person’s estate, nor any other dependant, must have already received a payment in respect of mesothelioma contained in the provisions of subsection (3).
403.Subsection (2)(b) provides that for a dependent of a deceased person who suffered from mesothelioma immediately before their death to be entitled to a lump sum payment, neither they, nor the deceased person with mesothelioma, must be eligible, in respect of mesothelioma, for a payment of a type prescribed by regulations.
404.Subsection (2)(c) provides that there may be a requirement for the deceased person to have links with the United Kingdom. Any links would be prescribed by regulations.
405.Subsection (3) provides that the payments mentioned in subsections (1)(a)and (2)(a) are: a payment under this Part, a payment under corresponding Northern Ireland provisions, a payment under the 1979 Act, an extra-statutory payment for mesothelioma after making a claim under that Act, or a payment of a type prescribed by regulations.
406.Subsection (4) provides that a payment under this Part, a payment under corresponding Northern Ireland provisions, a payment under the 1979 Act, an extra-statutory payment for mesothelioma after making a claim under that Act, or a payment of a type prescribed by regulations, will not disqualify a person from receiving a mesothelioma lump sum payment if that payment was made in consequence of a misrepresentation or failure to disclose material facts (whether fraudulently or otherwise), and an obligation to repay it has arisen under section 49 of this Part or section 5 of the 1979 Act or for some other reason.
407.Subsection (5) defines an extra-statutory payment as a payment made by the Secretary of State when a claim has been rejected under the 1979 Act (by cross reference to the definition in the section inserted by section 54).
408.Section 48 sets out how a claim for a lump sum payment is to be made.
409.Subsection (1) provides that a claim for a lump sum payment as made under section 46will be made in the manner and within the period prescribed by regulations.
410.Subsection (2) sets out that the lump sum payment can be set at different levels for different people based on different factors.
411.Subsection (4) provides that, if any questions concerning the claim arise before the claim is decided, then the Secretary of State may appoint someone to inquire into the issues or to request answers to those questions. The person appointed will then report their findings to the Secretary of State.
412.Section 49 enables the Secretary of State to reconsider a decision not to make a lump sum payment where there is a change in circumstances that may affect the claim since the decision was taken, or a decision to make or not to make a lump sum payment if the original decision was made in ignorance or based on error about the facts of the case.
413.Subsection (2) provides that regulations must prescribe how and within what timescale, a person may apply to the Secretary of State for a decision to be reconsidered, or for the Secretary of State to reconsider a decision without an application to do so being made.
414.Subsection (3) provides that subsection (4) of section 48 will apply to any reconsideration of a decision under this section, in the same way as it applies to the decision on a claim.
415.Subsections (4) and (5) provide that where a person, either fraudulently or otherwise, provides misleading or false information, or does not disclose relevant information, and a lump sum payment for mesothelioma is paid to them as a result of this, they will be liable to repay any lump sum payment they receive. This liability to repay would not apply if the person can show that they had not given permission or had not been involved in the failure to disclose, or the provision of misleading or incorrect, information.
416.Subsection (6) provides that a mesothelioma lump sum payment can not be recovered where a decision has been reconsidered, unless the payment was obtained by providing misleading or false information, or because relevant information was not properly disclosed.
417.Subsection (7) provides for any sums repaid to the Secretary of State to be paid in to the Consolidated Fund.
418.This section provides that a person who has made a claim for a payment under section 46, will have a right of appeal to an appeal tribunal against a decision made by the Secretary of State on the claim, or a decision made following a reconsideration under section 49.
419.Subsection (2) provides that, subject to regulations under subsection (4)(c), the Secretary of State must refer any appeal to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998.
420.Subsection (3) provides the tribunal with the power to substitute a decision on matters decided in accordance with Part 4.
421.Subsection (4) provides that regulations may make provision:
as to the manner in which, and the time within which, an appeal may be brought;
as to the procedure to be followed if an appeal is made; and
for the purposes of enabling an appeal to be treated as an application for a reconsideration under section 49.
Child Maintenance and Other Payments Act 2008