CBTM05010 - Overpayments and recoveries: Recovery of overpayments made by direct credit transfer

Child Benefit and Guardian’s Allowance (Administration) Regulations 2003, regulation 35

If the adjudicating authority decides that an overpayment of Child Benefit or Guardian’s Allowance in excess of entitlement has been credited to a person’s account, the overpaid amount (or a certified part of it) shall be recoverable where;

• Her Majesty’s Revenue & Customs has certified that the overpayment, or a specified part of it, is materially due to the arrangement for payments to be made by direct credit transfer

and

• notice of what would happen if there was an overpayment of this nature, was given in writing to the claimant, or person acting for the claimant, before Her Majesty’s Revenue & Customs made the arrangement for the payment of child benefit or guardian’s allowance into that account.

Arrangements prior to 06.04.87

Where the arrangement was agreed before 6.4.87 notice need not have been given if the claimant, or person acting for them, completed a statement at the time the credit transfer was arranged to the effect that:

• they had read and understood the conditions applying at that time to credit transfer payments

and

• they understood that they would have to repay any overpayment if the decision awarding benefit was reviewed, or varied on appeal.