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Child Support Act 1991

Collection of financial support - Discretionary relief in respect of penalties and pre-2021 penalties

135DA: Discretionary relief if recovery is inefficient use of Commissioner’s resources

You could also call this:

“The Commissioner can cancel penalties if collecting them isn't worth the effort”

The law allows the Commissioner to give you relief from penalties in certain situations. This applies when the penalties are related to a part of child support that the Commissioner has decided not to collect because it would be an inefficient use of their resources.

If the Commissioner thinks that trying to collect these penalties would also be an inefficient use of their resources, they can choose to give you relief from paying them. The way they give this relief is described in another part of the law called section 135A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS482780.

Topics:
Family and relationships > Children and parenting
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135D: Discretionary relief if honest oversight by liable person with no history of default, or

"Getting help with penalties if you forgot to pay child support for the first time"

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135E: Discretionary relief if error made by Department, or

"You might get help with a penalty if the Child Support Department made a mistake"

Part 8 Collection of financial support
Discretionary relief in respect of penalties and pre-2021 penalties

135DADiscretionary relief if recovery is inefficient use of Commissioner’s resources

  1. This section applies in relation to penalties that have been imposed in respect of any part of the benefit component of an amount of child support that has been written off by the Commissioner under section 180A(1)(b)(ii) on the ground that recovery would involve an inefficient use of the Commissioner’s resources.

  2. The Commissioner may grant relief to a liable person in the manner prescribed by section 135A if the Commissioner is satisfied that recovery of the penalties would involve an inefficient use of the Commissioner’s resources.

Notes
  • Section 135DA: inserted, on , by section 48 of the Child Support Amendment Act 2021 (2021 No 6).