Section 389 — Social Security Act 2018: Maintenance proceedings

389 Maintenance proceedings (1) This section applies to proceedings under the Family Proceedings Act 1980 or the Child Support Act 1991 for, or relating to, all or any of the following during all or any part of a period in which a benefit is payable to a beneficiary: (a) the maintenance of the beneficiary; or (b) the payment of child support for a child of the beneficiary; or (c) the establishment of the paternity of a child of the beneficiary. (2) An MSD employee may, without special appointment, as if that employee were the beneficiary, institute the proceedings, or appear personally or by agent in the proceedings. (3) The proceedings under the Family Proceedings Act 1980 for, or relating to, the maintenance of the beneficiary during all or any part of a period in which a benefit is payable to the beneficiary may, without limitation, be proceedings under section 61CA of the Social Security Act 1964 (Family Proceedings Act 1980 maintenance payable to the Crown) (as that section is saved by clause 49 of Schedule 1). (4) This section does not limit section 202 (factors affecting benefit: maintenance claim). Compare: 1964 No 136 s 61C