Voluntary payment2.

(1)

A payment counts as a voluntary payment if it is—

(a)

made in accordance with Article 28J(2) and (4) of the Order;

(b)

of a type to which regulation 3 applies;

(c)

made on or after the effective date of the maintenance calculation made, or which would be made but for the Department’s decision not to make oneF1...5;

(d)

a payment in relation to which evidence or verification of a type to which regulation 4 applies is provided, if the Department so requires.

(2)

Where the Department is considering whether a payment is a voluntary payment, it may invite representations from a relevant person.