Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Liability to pay child support under formula assessment - Persons who are principal providers of care or who share care substantially equally

12: Deemed application by UCB beneficiary

You could also call this:

“How child support continues when a UCB beneficiary's agreement ends”

If you’re getting a special kind of benefit called a UCB benefit, and you have an agreement for child support, this law tells you what happens if that agreement stops working. This can happen if the agreement runs out, if the parent who’s supposed to pay would pay less than what the normal rules say they should, or if someone chooses to end the agreement.

When this happens, the day after your child support payments stop, the government will act as if you’ve asked for child support to be worked out using the normal rules. They’ll do this for the same child or children, the same parent who was paying before, and the same person who’s looking after the children. You don’t have to do anything extra - it happens automatically.

This helps make sure you keep getting child support even if your agreement ends. The government treats it like you’ve filled out all the right forms to ask for child support, even though you haven’t actually done it yourself.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM253538.

Topics:
Family and relationships > Children and parenting
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11: Multiple applications in single form, or

"You can ask for child support for more than one child on one form"

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13: Notification by Commissioner of application, or

"Commissioner tells everyone when someone asks for child support"

Part 1 Liability to pay child support under formula assessment
Persons who are principal providers of care or who share care substantially equally

12Deemed application by UCB beneficiary

  1. This section applies if a UCB beneficiary is entitled to child support payments under a voluntary agreement but child support payments then cease to be payable under the agreement because—

  2. the agreement expires; or
    1. the amount payable by the liable parent is less than the amount that would be payable by the liable parent under a formula assessment; or
      1. an election under section 64 (to terminate liability under the voluntary agreement) takes effect.

        1. If this section applies, on the day after the date on which the child support payments cease to be payable under the agreement, the Commissioner is deemed to have received from the UCB beneficiary a properly completed application for a formula assessment for child support, as required by section 9, in relation to the same child or children, the same liable parent, and the same carer, as the voluntary agreement related to.

        Notes
        • Section 12 heading: amended, on , by section 6(1) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
        • Section 12: replaced, on , by section 10 of the Child Support Amendment Act 2013 (2013 No 12).
        • Section 12(1): amended, on , by section 6(2) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
        • Section 12(2): amended, on , by section 6(3) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
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