Clause 15. Rules as to Recovery

15

Rules as to Recovery

15.1

The amount of the Payment is a debt to the Crown payable by the following person or persons (in these rules, "the debtor"):

(a)

where the Applicant is a Child, the Child's Parent; or

(b)

in any other case, the Applicant (being the person to whom or in respect of whom the Payment is granted).

15.2

Before granting a Payment under this Programme, MSD must negotiate a repayment plan with the debtor.

15.3

MSD must set a rate of recovery that ensures the amount of the Payment is repaid within 24 months after the Payment is granted unless, having regard to clause 9.4, exceptional circumstances exist.

15.4

In determining the rate of repayment by instalments, MSD must have regard to-

(a)

whether the instalment reductions will leave enough for the debtor's living expenses and any other debt repayments; and

(b)

the likelihood that it would cause the debtor to seek further Payments or other supplementary assistance under the Act.

15.5

MSD may, from time to time, review the rate of recovery of a Payment and may increase or decrease or make no alteration to the rate.