Application of overpaymentsE+W+S
8.—(1) Where for any reason, including the retrospective effect of a maintenance calculation, there has been an overpayment of child support maintenance, the [F1Secretary of State] may apply the amount overpaid to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.
(2) Where there is no previous maintenance calculation, or an amount of the overpayment remains after the application of paragraph (1), the [F2Secretary of State] may adjust the amount payable in relation to the current maintenance calculation by such amount as [F2the Secretary of State] considers appropriate in all the circumstances of the case, having regard in particular to—
(a)the circumstances of the relevant persons; and
(b)the amount of the overpayment and the period over which it would be reasonable to adjust the amount payable for the overpayment to be rectified.
(3) An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.
Textual Amendments
F1Words in reg. 8(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 121(7)(a)
F2Words in reg. 8(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 121(7)(b)