Document ID: chunk:federal_register_of_legislation:C2024C00583:clause:1_20b:p2
Version: federal_register_of_legislation:C2024C00583
Segment Type: clause
Provision Reference: sch 1 cl 20B (pt 2/3)
Character Range: 341221–343834

annual rate of child support payable for the child is reduced for the period under the agreement or order; and
 (b) if the agreement or order is a lump sum payments agreement or order—the total amount of the lump sum payment that is credited for each day in the period under section 69A of the Child Support (Registration and Collection) Act 1988 against the amount payable under the liability under the agreement or order.
 (3B) If the agreement or order is a non‑periodic payments agreement or order, for the purposes of the formula in subclause (3), the amount payable to the individual under the agreement or order for the child for the period is taken to include the amount by which the annual rate of child support payable for the child is reduced for the period under the agreement or order.

Arrears
 (4) If the amount received in an income year by the individual under the agreement or order for the child for the period exceeds the amount that is payable to the individual under the agreement or order for the child for the period, then, for the purposes of this Act, the amount of child maintenance that the individual is taken to have received under the agreement or order for the child for the period is:

Note: This subclause only applies in respect of enforceable maintenance liabilities (see subclause (7)).
 (5) The notional arrears amount, in respect of a debt arising for a previous period under the agreement or order, is:

 (6) For the purposes of subclause (5), if:
 (a) an individual has more than one debt that arose under an agreement or order for previous periods; and
 (b) the amount received in an income year by the individual under the agreement or order for a child for a period exceeds the amount that is payable to the individual under the agreement or order for the child for the period;
then:
 (c) the individual is taken to have received the excess to pay off each debt in the order in which the debts arose; and
 (d) each debt is reduced by the amount of the debt that is paid off.
 (7) Subclauses (3) and (4) only apply in respect of enforceable maintenance liabilities (within the meaning of the Child Support (Registration and Collection) Act 1988).
 (8) In this clause:
lump sum payments agreement or order means:
 (a) an agreement containing lump sum payment provisions (within the meaning of the Child Support (Assessment) Act 1989); or
 (b) a court order made under section 123A of that Act.
non‑periodic payments agreement or order means:
 (a) an agreement containing non‑periodic payment provisions (within the meaning of the Child Support (Assessment) Act 1989);