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The Child Support (Management of Payments and Arrears) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 3151
- PART 3
- Regulation 8
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Application of overpayments
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8.—(1) Where for any reason, including the retrospective effect of a maintenance calculation, there has been an overpayment of child support maintenance, the Commission 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 Commission may adjust the amount payable in relation to the current maintenance calculation by such amount as it 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.
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