Regulation 8 Application of overpayments

(1)

Where for any reason, including the retrospective effect of a maintenance calculation, there has been an overpayment of child support maintenance, the F1Secretary of State may apply the amount overpaid to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.

(2)

Where there is no previous maintenance calculation, or an amount of the overpayment remains after the application of paragraph (1), the F2Secretary of State may adjust the amount payable in relation to the current maintenance calculation by such amount as the Secretary of State considers appropriate in all the circumstances of the case, having regard in particular to—

(a)

the circumstances of the relevant persons; and

(b)

the amount of the overpayment and the period over which it would be reasonable to adjust the amount payable for the overpayment to be rectified.

(3)

An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.

Annotations

Textual amendments

F1: Words in reg. 8(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 121(7)(a)
F2: Words in reg. 8(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 121(7)(b)

Notes on the whole SI

Textual amendments

F1: Part 4A - 4B inserted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 2(3)