143Payment of voluntary agreement child support to receiving carers who are UCB beneficiaries

1. This section applies only if—

2. a person is the receiving carer of 1 or more children (the child support child or children); and
3. the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children); and
4. the child support child or children is or are either the same as, or different from, the UCB child or children; and
5. the Commissioner receives money by way of child support in respect of the UCB child or children; and
6. any of that money is paid by a liable parent or parents under 1 or more voluntary agreements.

7. If this section applies, the Commissioner must, in respect of each child for whom money is paid under a voluntary agreement, pay to the receiving carer—

8. the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and
9. the amount by which the money paid under the voluntary agreement in respect of the child (except for any amount that the Commissioner is required to pay under paragraph (a)) exceeds the payment that would have been made under a formula assessment of child support.

10. If this section applies, the Commissioner must also, in respect of each child for whom an unsupported child’s benefit is payable,—

11. pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child (except for any amount the Commissioner is required to pay under subsection (2)); and
12. aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and
13. deduct an amount equal to whichever is the lesser of the following amounts:
    1. the net of tax amount of the unsupported child’s benefit; or
    2. the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under subsection (2) or under paragraph (a) of this subsection); and
14. pay any remaining child support in respect of that child to the receiving carer.

15. This section does not limit the application of section 137 to the liable parent.

Notes

• Section 143: replaced, on 1 July 2023, by section 14 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).