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Child Support Act 1991

Payment of financial support - Payments by Commissioner

151: Overpayments to payees before 1 April 2016

You could also call this:

“Paying back extra child support money you got by mistake before April 2016”

If you receive money for child support before 1 April 2016 that you shouldn’t have, you need to pay it back. This can happen if you weren’t supposed to get the money, if the person paying child support had their payments changed, or if your entitlement changed and you got too much. The money you need to pay back is a debt you owe to the government.

The Commissioner will work out how much you need to pay back as soon as they can. They’ll treat this amount like it’s child support that you have to pay, just like someone who owes child support.

If you’re still getting child support payments, the Commissioner can take some of that money to pay back what you owe. They’ll decide how much to take and let you know in writing.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM256544.

Topics:
Family and relationships > Children and parenting
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150: Time at which unexplained remittances deemed to be received, or

"When money is received but it's unclear who it's for"

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151AA: Overpayments to payees on or after 1 April 2016, or

"When you get extra child support money by mistake, you might need to pay it back"

Part 9 Payment of financial support
Payments by Commissioner

151Overpayments to payees before 1 April 2016

  1. Where a payee is before 1 April 2016 paid an amount under any provision of this Part and—

  2. the payee was not entitled to be paid the amount; or
    1. the amount is, because of a subsequent variation in the liability of the liable person, repayable by the Commissioner to the liable person; or
      1. the amount is, because of a subsequent variation in the entitlement of the payee, in excess of the amount properly payable to the payee under this Act,—
          1. the amount is repayable by the payee to the Commissioner and is a debt due by the payee to the Crown.

        1. The Commissioner shall, as soon as practicable, assess the amount that is so repayable, and the provisions of this Act shall apply to the amount assessed and to the payee as if that amount was financial support and the payee was a liable person.

        2. Where, in any case to which subsection (1) applies, the payee is entitled to receive further payments under any provision of this Part, the amount of the debt due to the Crown by the payee may be recovered by reducing such of those payments by such amount as is determined in writing by the Commissioner.

        Notes
        • Section 151 heading: amended, on , by section 52(1) of the Child Support Amendment Act 2013 (2013 No 12) (as amended by section 160(1) of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).
        • Section 151(1): amended, on , by section 52(2) of the Child Support Amendment Act 2013 (2013 No 12) (as amended by section 160(2) of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).