CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 76 Entitlement of payees of registered maintenance liabilities to be paid collected amounts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 76

  (1)   Subject to subsection   (2) of this section, sections   71AA, 71AB,   79A and 79B, every payee of a registered maintenance liability is entitled to be paid, on or before the first Wednesday following the end of each calendar month (in this section called the current month ), an amount equal to the aggregate of:

  (a)   amounts deducted by an employer under Part   IV in relation to the liability during the calendar month (in this section called the previous month ) preceding the current month;

  (b)   amounts received by the Registrar (otherwise than under Part   IV) in payment of a child support debt in relation to the liability during the period (in this section called the payment period ) beginning on the day following the closing day of the previous month and ending on the closing day of the current month; and

  (c)   to the extent that they have not previously been paid to the payee, amounts that were:

  (i)   deducted by an employer under Part   IV in relation to the liability before the previous month; or

  (ii)   received by the Registrar (otherwise than under Part   IV) in payment of a child support debt in relation to the liability before the payment period;

but excluding (in the case of each of the amounts mentioned in paragraphs   (a), (b) and (c)) any amount that was not due and payable by the payer on the seventh day of the current month.

Note:   A debt may arise if the payee is overpaid (see section   69B).

  (2)   Subject to the regulations, where the amount that a person is, but for this subsection, entitled to be paid at any time under subsection   (1) in relation to a registered maintenance liability is less than the amount prescribed for the purposes of this subsection, the person is not entitled to be paid the amount at that time.