PART 3Overpayments and Voluntary Payments
Application of overpayments8
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.
Application of voluntary payments9
1
2
Where there is no previous maintenance calculation, or an amount of the voluntary payment remains after the application of paragraph (1), the F4Secretary of State may adjust the amount payable in relation to the current maintenance calculation by such amount as F4the 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 voluntary payment and the period over which it would be reasonable to adjust the amount payable for the voluntary payment to be taken into account.
3
An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.