Child Support Act 1991

Automatic deductions - Miscellaneous provisions

176: Application of amounts paid or credited where 2 or more debts due

You could also call this:

“How payments are split when you owe money for different things”

When you owe money to the Commissioner for more than one debt under this part of the law, and you pay some money towards these debts, but not enough to cover all of them, here’s what can happen:

The Commissioner can use the money you’ve paid to partly pay off the total amount you owe, even if you’ve told them to use it for a specific debt. They don’t have to put your payment towards any particular debt.

The Commissioner can still try to get the rest of the money you owe, which is the difference between your total debt and what you’ve paid so far.

This means that even if you wanted your payment to go towards a specific debt, the Commissioner can decide how to use your money to reduce your overall debt instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257019.


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175: Application of other provisions to amounts payable under this Part, or

"Rules for child support also apply to other payments in this part of the law"


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Part 10 Automatic deductions
Miscellaneous provisions

176Application of amounts paid or credited where 2 or more debts due

  1. Where—

  2. 2 or more debts are due to the Commissioner by a payer under this Part; and
    1. an amount is paid to the Commissioner in relation to all or any of the debts; and
      1. the total amount of the debts exceeds the amount so paid or, as the case may be, the sum of the amounts so paid,—
        1. the Commissioner may, despite any direction given by or on behalf of the payer,—
        2. apply the amount, or the sum of the amounts, paid by the payer in partial discharge of the total amount of the debts; and
          1. recover the amount by which the total amount of the debts exceeds the amount so paid or the sum of the amounts paid,—
            1. without allocating the amount, or the sum of the amounts, towards the discharge of any particular debt or debts.