Document ID: chunk:federal_register_of_legislation:C2024C00813:section:37b:p1
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 37B (pt 1/2)
Character Range: 127171–129967

37B  Registered maintenance liability not to be enforced if payer is a low‑income recipient of a social security pension or a social security benefit

Object
 (1) The object of this section is to provide for the non‑enforcement of certain registered maintenance liabilities during the subsistence of a low‑income non‑enforcement period.

Payer may apply to have liability no longer enforced under Act
 (2) If the payer of an enforceable maintenance liability covered by subsection 17(1) or arising under a maintenance order made by, or a maintenance agreement registered by, a judicial authority of a reciprocating jurisdiction:
 (a) is in receipt of a social security pension or a social security benefit; or
 (b) has made a claim for a social security pension or a social security benefit;
the payer may apply to the Registrar, in the manner specified by the Registrar, to have the liability no longer enforced under this Act.
Note: Section 16A provides for the Registrar to specify the manner in which an application may be made.

Court orders etc. dealing with unemployment etc.
 (3) The payer is not entitled to make an application under subsection (2) if:
 (a) the liability is covered by subparagraph 17(1)(b)(i); and
 (b) the court order or court registered maintenance agreement concerned provides, either directly or indirectly, for the reduction of amounts payable under the liability during periods when:
 (i) the payer is unemployed; or
 (ii) the payer's income is substantially reduced.

Start of low‑income non‑enforcement period
 (4) For the purposes of this section, if the payer of a registered maintenance liability:
 (a) makes an application under subsection (2); and
 (b) is taken, under the regulations, to satisfy the prescribed income test in relation to the first instalment of a social security pension or a social security benefit paid to the payer after the day on which the application was made;
a low‑income non‑enforcement period in relation to the liability:
 (c) begins on whichever of the following days is applicable:
 (i) the day on which the application was made;
 (ii) an earlier day determined by the Registrar, being a day that is on or after the day on which the payer commences to receive a social security pension or a social security benefit; and
 (d) continues until the time worked out under subsection (5).

End of low‑income non‑enforcement period
 (5) For the purposes of this section, a low‑income non‑enforcement period in relation to a registered maintenance liability ends at whichever is the earliest of the following:
 (a) when the payer of the liability ceases to receive a social security pension or a social security benefit;
 (b) if the payer of the liability is taken, under the regulations, not to satisfy the prescribed income test in