PART 9Enforcement
Overpayment notices and offsetting83
1
Where the Authority is satisfied that a participant or former participant has received periodic support payments which—
a
exceed that participant’s entitlement;
b
were paid whilst there was a failure by that person to comply with an ongoing obligation, or following such a failure; or
c
were paid as a result of the provision of information which was incorrect in a material particular,
it may take one of the actions set out in paragraph (2).
2
The actions in this paragraph are that the Authority may—
a
require a participant or former participant who has received periodic support payments to which paragraph (1) applies, to repay a specified sum in relation to some or all of those payments; or
b
offset a specified sum in relation to some or all of those payments against future periodic support payments.
3
Before taking either of the actions set out in paragraph (2), the Authority must send the participant or former participant a notice specifying—
a
the sum it is seeking to recover;
b
the basis on which that sum is calculated;
c
whether the specified sum must be repaid or will be offset;
d
where applicable, the date by which the sum must be repaid;
e
where applicable, the amount which will be offset in each quarterly period and the time it will take for the sum to be recovered; and
f
details of the participant’s or former participant’s right of review.
4
Where a participant or former participant who is required to repay a specified sum under this regulation or regulation 74(3)(b) fails to make payment in full by the date specified under paragraph (3)(d), the Authority may recover any outstanding sum as a civil debt.