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Child Support Act 1991

Exemptions - Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years - Application and grant of exemptions under this subpart

89J: Exempted person not entitled to refund

You could also call this:

“You can't get money back if you're exempt from paying child support”

If you are given an exemption from paying child support for a certain time, you need to know a few important things:

You can’t get back any money you’ve already paid for that time. This money is called the ‘exemption excess’. You also can’t ask the person who received the child support to give you this money back.

The government won’t use the normal rules for giving refunds when it comes to this exemption excess money.

When you get an exemption, the government will quickly take steps to make sure you don’t get a refund of the exemption excess. They might use this money to pay off any other child support you owe, or they might keep it to use for future child support payments you might need to make. They can also change their records to show you don’t get this money back.

Remember, even though you got an exemption, you can’t get back the money you already paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254763.

Topics:
Family and relationships > Children and parenting
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89I: Grant of exemption under this subpart, or

"Getting excused from paying child support"

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89K: Commissioner may make determinations in relation to exemptions, or

"The tax office can change decisions about who doesn't have to pay child support"

Part 5A Exemptions
Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years: Application and grant of exemptions under this subpart

89JExempted person not entitled to refund

  1. In this section, exemption excess means any amount of financial support paid to the Commissioner in relation to a person's liability for a period or periods for which the person has been granted an exemption under this subpart.

  2. A person who has been granted an exemption under this subpart—

  3. is not entitled to a refund of the exemption excess; and
    1. is not entitled to recover the exemption excess from the payee under section 207.

      1. Nothing in sections 216 to 216D applies in relation to the exemption excess.

      2. The Commissioner must, as soon as practicable after granting an exemption under this subpart, take the action that is necessary to—

      3. give effect to subsection (2)(a); and
        1. ensure that a refund of the exemption excess is not paid, and does not become payable, to the person concerned.

          1. The Commissioner's power to take action under subsection (4) includes, without limitation, the power to do any of the following:

          2. apply the exemption excess (in whole or in part) to any unpaid financial support, unpaid penalty, or other charge imposed under this Act in relation to the person concerned:
            1. hold the exemption excess (in whole or in part) and apply the amount held at some future time to a liability of the person concerned to make further payments of financial support:
              1. amend any assessment.

                Notes
                • Section 89J: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).