Regulation 47 Overpayment notices and offsetting
Where the Department 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—
require the participant to repay the periodic support payment as a civil debt owed to the Department; or
offset the periodic support payment against any future periodic support payments.
Within 21 days of a decision to offset or require the participant to repay any periodic support payment the Department must send the participant a notice specifying—
the periodic support payment which the Department believes has been overpaid and the sum which it is seeking to recover from the participant;
whether the sum specified in sub-paragraph (a) will be recovered in accordance with paragraph (1)(a) or (1)(b);
where applicable, a date by which the sum specified in sub-paragraph (a) must be repaid;
the consequences of failing to make any repayments requested including potential sanctions or civil action; and
details of the participant’s right of review including any relevant time limits.