OpenLegislation

Regulation 35 Overpayment notices and offsetting

Original text. Later amendments are not shown.

(1)

Where the Department is satisfied that a closure participant has received a relevant payment which exceeds the closure participant′s entitlement, or has received a relevant payment whilst failing to comply with a relevant obligation, it may—

(a)

require the closure participant to repay the relevant payment, or part thereof, as a civil debt owed to the Department, or

(b)

offset the relevant payment, or part thereof, against any future annual closure payments.

(2)

Within 21 days of a decision to offset or require the closure participant to repay any relevant payment, the Department must send the closure participant a notice specifying—

(a)

the relevant payment which the Department believes has been overpaid and the sum which it is seeking to recover from the closure 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 closure participant’s right of review including any relevant time limits.

(3)

In this regulation—

  • “relevant obligation” means—

    1. (a)

      an ongoing obligation within the meaning of these Regulations, and

    2. (b)

      an ongoing obligation within the meaning of the 2012 Regulations,

  • “relevant payment” means—

    1. (a)

      an annual closure payment, and

    2. (b)

      a periodic support payment within the meaning of the 2012 Regulations.

(4)

For the purposes of this regulation, a closure participant is entitled to a periodic support payment if they were entitled to it by virtue of the 2012 Regulations during the period when those Regulations were in operation.