Power of court to order sums paid under certain orders to be repaid in certain cases
Version Date:
30/06/1997
(1) Where on an application made under this section in relation to an order to which this section applies it appears to the court that by reason of-
(a) a change in the circumstances of the person entitled to, or liable to make, payments under the order since the order was made, or
(b) the changed circumstances resulting from the death of the person so liable,
the amount received by the person entitled to payments under the order in respect of a period after those circumstances changed or after the death of the person liable to make payments under the order, as the case may be, exceeds the amount which the person so liable or his or her personal representatives should have been required to pay, the court may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as the court thinks just.
(2) An application under this section may be made by the person liable to make payments under an order to which this section applies or his or her personal representatives and may be made against the person entitled to payments under the order or her or his personal representatives.
(3) (Repealed 79 of 1981 s. 7)
(4) An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
(5) This section applies to an order made by virtue of section 3, 4(1)(a) or (b), 5(2)(a) or (b), 8(5) or 8(6)(a) or (b), (d) or (e).