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Regulation 10 Interim claims in arrear

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An interim claim for a period allowed by paragraph (2) may be made and is referred to in these Regulations as an “interim claim in arrear”.

(2)

The period for which an interim claim in arrear may be made is one which—

(a)

is a period of one month or a number of months beginning on the 6th day of a month and ending on the 5th day of the relevant following month;

(b)

falls within the same year; and

(c)

does not include any part of a period in respect of which a payment was made under regulation 8(5) (unless the payment in respect of that period or that part was recovered under regulation 9(5)).

(3)

No interim claim in arrear may be made for the month ending 5th October or any subsequent month under the annual return referred to in regulation 11 has been duly made for the preceding year and received by the Board if an interim claim has been made for that preceding year.

(4)

A claim under this regulation may not be based on an estimate but may only be made to recover the amount deducted in respect of the training payments actually made during the period covered by the claim.

(5)

If the Board are satisfied that the amount claimed was deductible in the period for which the claim is made they shall pay the amount to the training provider and, if they are not so satisfied, they shall pay any lesser amount which they are satisfied was deductible.