72AADeductions from social security pensions and benefits

72AA Deductions from social security pensions and benefits

(1) If the payer of an enforceable maintenance liability covered by subsection 17(2) is in receipt of a social security pension or a social security benefit, the Registrar may give a written notice to the Secretary: (a) specifying the payer’s name and setting out sufficient particulars to enable the Secretary to identify the payer; and (b) instructing the Secretary to make the prescribed periodic deduction from the payer’s social security pension or social security benefit as from the specified day. (2) If: (a) a person by whom a child support debt or carer debt is due (whether before or after the commencement of this section) has not paid the debt; and (b) the person is in receipt of a social security pension or a social security benefit; the Registrar may give a written notice to the Secretary: (c) specifying the person’s name and setting out sufficient particulars to enable the Secretary to identify the person; and (d) for a child support debt—instructing the Secretary to: (i) make the prescribed periodic deduction from the person’s social security pension or social security benefit from a specified day until the debt is paid; or (ii) if the Registrar is satisfied the person is in financial hardship—make the specified lesser periodic deduction from the person’s social security pension or social security benefit from a specified day until the debt is paid; and (e) for a carer debt—instructing the Secretary to deduct an amount, determined by the Registrar, from the payer’s social security pension or social security benefit from a specified day until the debt is paid. (2A) In making a determination for the purposes of paragraph (2)(e), the Registrar may determine an amount that reduces a person’s pension or benefit to nil if the person has consented to the amount of the deduction being an amount that would reduce the payment to nil. (3) A notice may be given by electronic transmission or by any other means. (4) Subsection (2) does not apply to an amount due in respect of a liability covered by section 18. (6) In this section:

social security benefit and social security pension have the same respective meanings as in the Social Security Act 1991.