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Regulation 48 Overpayment notices and offsetting

Original text. Later amendments are not shown.

(1)

Where the Authority is satisfied that a participant has received a periodic support payment which exceeds that participant’s entitlement or has received a periodic support payment whilst failing to comply with an ongoing obligation it may—

(a)

require the participant to repay the periodic support payment as a civil debt owed to the Authority; or

(b)

offset the periodic support payment against any future periodic support payments.

(2)

Within 21 days of a decision to offset or require the participant to repay any periodic support payment the Authority must send the participant a notice specifying—

(a)

the periodic support payment which the Authority believes has been overpaid and the sum which it is seeking to recover from the participant;

(b)

whether the sum specified in sub-paragraph (a) will be recovered in accordance with paragraph (1)(a) or (1)(b);

(c)

where applicable, a date by which the sum specified in sub-paragraph (a) must be repaid;

(d)

the consequences of failing to make any repayments requested including potential sanctions or civil action; and

(e)

details of the participant’s right of review including any relevant time limits.