Document ID: chunk:federal_register_of_legislation:C2024C00813:section:37b:p2
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 37B (pt 2/2)
Character Range: 129733–132283

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 relation to an instalment of a social security pension or a social security benefit paid to the payer for a particular fortnight—the beginning of that fortnight;
 (c) when the liability ends.

Non‑enforcement of liability—variation of Child Support Register
 (6) If a low‑income non‑enforcement period in relation to a registered maintenance liability begins, the Registrar must, as soon as practicable, vary the particulars entered in the Child Support Register in relation to the liability by specifying the beginning of the low‑income non‑enforcement period as the time at which the liability ceases to be enforceable under this Act. However, this rule does not apply if, immediately before the low‑income non‑enforcement period, the liability had already ceased to be enforceable under this Act because of section 38A, 38B or 39B.

Resumption of enforcement of liability—variation of Child Support Register
 (7) If a low‑income non‑enforcement period in relation to a registered maintenance liability ends, the Registrar:
 (a) must, as soon as practicable, vary the particulars entered in the Child Support Register in relation to the liability by specifying the end of the low‑income non‑enforcement period as the time at which the liability again becomes enforceable under this Act; and
 (b) may make such variations (if any) to those particulars as the Registrar considers necessary or desirable:
 (i) to enable a court order or court registered maintenance agreement that varies or otherwise affects the liability to be given effect to under this Act; or
 (ii) to take account of the happening of an affecting event in relation to the liability.
However, these rules do not apply if, immediately before the low‑income non‑enforcement period, the liability had ceased to be enforceable under this Act because of section 38A, 38B or 39B.

Section not to prevent payee recovery of a debt
 (7A) This section does not prevent a payee of a registered maintenance liability from instituting a proceeding under section 113A during a low‑income non‑enforcement period to recover a debt due in relation to the liability.

Definitions
 (8) In this section:
social security benefit has the same meaning as in the Social Security Act 1991.
social security pension has the same meaning as in the Social Security Act 1991.