Regulation 3 Bringing interim payments into accountF1

(F21)

F3Subject to paragraph (2), where it is practicable to do so and, where notice is required to be given under regulation 2(2), such notice has been given—

(a)

any interim payment, other than an interim payment made in the circumstances mentioned in regulation 2(4),—

(i)

which was made in anticipation of an award of benefit shall be offset by the adjudicating authority in reduction of the benefit to be awarded; and

(ii)

whether or not made in anticipation of an award, which is not offset under sub-paragraph (i) shall be deducted by the Secretary of State from—

(a)

the sum payable under the award of benefit on account of which the interim payment was made; or

(b)

any sum payable under any subsequent award of the same benefit to the same person; and

(b)

any interim payment made in the circumstances mentioned in regulation 2(4) shall be offset by the Secretary of State against any sum received by him in respect of arrears of child support maintenance payable to the person to whom the interim payment was made.

F4(2)

Where the interim payment mentioned in paragraph (1)(a) is a payment on account of tax credit, paragraph 1(a), but not paragraph 1(b), shall apply with the modification that, for the words “Secretary of State” there is substituted the word “Board”.

Annotations

Textual amendments

F1: Reg. 3 substituted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(2)
F2: Reg. 3(1): reg. 3 renumbered as reg. 3(1) (5.10.1999 with effect in accordance with reg. 1(2)) by The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 5(2)
F3: Words in reg. 3(1) substituted (5.10.1999 with effect in accordance with reg. 1(2)) by The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 5(2)
F4: Reg. 3(2) added (5.10.1999 with effect in accordance with reg. 1(2)) by The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 5(3)

Notes on Part II

Modifications

C1: Modification of Part II, revoked with savings (1.4.13) by S.I. 2013/383, reg. 1(2)(a), 19(1)(2)