Part 7Administration

Chapter 5Payment and enforcement

Set off

C1130Set-off F1...

1

This section applies where there is both a credit and a debit in relation to a person.

2

The Commissioners may set the credit against the debit (subject to section 131 and any obligation of the Commissioners to set the credit against another sum).

3

The obligations of the Commissioners and the person concerned are discharged to the extent of any set-off under subsection (2).

4

Credit”, in relation to a person, means—

a

a sum that is payable by the Commissioners to the person under or by virtue of an enactment, or

b

a relevant sum that may be repaid to the person by the Commissioners.

5

For the purposes of subsection (4), in relation to a person, “relevant sum” means a sum that was paid in connection with any liability (including any purported or anticipated liability) of that person to make a payment to the Commissioners under or by virtue of an enactment or under a contract settlement.

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Debit”, in relation to a person, means a sum that is payable by the person to the Commissioners under or by virtue of an enactment or under a contract settlement.

7

In this section references to sums paid, repaid or payable by or to a person (however expressed) include sums that have been or are to be credited by or to a person.

8

This section has effect without prejudice to any other power of the Commissioners to set off amounts.

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