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Regulation 49 Outstanding liabilities on death

Original text. Later amendments are not shown.

(1)

This regulation applies where—

(a)

a liable person (the “deceased”) dies after levy liability arises, and

(b)

at the time of the deceased’s death, they had not discharged their liability to pay a relevant amount.

(2)

The deceased’s executor or administrator is a liable person and is liable to pay—

(a)

the outstanding amount of the relevant amount, and

(b)

all surcharges imposed or interest accrued in respect of the relevant amount,

and may deduct out of the assets and effects of the deceased any payments made.

(3)

Natural England may waive any surcharge imposed or interest accrued in respect of the relevant amount.

(4)

Where the deceased would be entitled to the refund of an overpayment under regulation 31, the deceased’s executor or administrator is entitled to the amount.

(5)

The liability or entitlement of the executor or administrator under this regulation is a liability or entitlement in their capacity as such.

(6)

Where relevant to the executor’s or administrator’s liability under this regulation in the administration of the deceased’s estate, they may initiate, continue or withdraw a request or appeal under Part 5 of these Regulations.