The National Health Service (Performers Lists) (England) Regulations 2013

Payments during suspension

13.—(1) During a period of suspension under regulation 12, payments may be made by the Board to, or in respect of, a Practitioner in accordance with a determination by the Secretary of State.

(2) If such a payment is made but the Practitioner was not entitled to receive all or any part of it, the amount to which the Practitioner was not entitled (“the overpayment”) may be recovered by the Board as a civil debt.

(3) Where requested by a Practitioner to do so, the Board is to reconsider any decision—

(a) to refuse to make a payment to, or in respect of, the Practitioner under paragraph (1);

(b) as to the amount of a payment to, or in respect of, the Practitioner under paragraph (1); or

(c) in respect of recovery of what the Board considers to be an overpayment under paragraph (2).

(4) Following the reconsideration of such a decision the Board is to notify the Practitioner in writing of the outcome of its reconsideration (“the reconsidered decision”) together with the reasons for it.

(5) Following notification of the reconsidered decision, the Practitioner may, within a period of 28 days beginning on the day on which the Practitioner is notified of that reconsidered decision, give the Secretary of State a notice of appeal.

(6) A notice of appeal under paragraph (5) must include—

(a) the name and address of the Practitioner;

(b) a contact name and address to be used by the Board for the purposes of the appeal;

(c) a copy of the reconsidered decision; and

(d) a brief statement of the grounds for appeal.

(7) The Secretary of State must thereafter send a written request to the Practitioner and the Board (“the parties”) to make, in writing and within a specified period, any representations they may wish to make about the matter: the request to the Board is to include a copy of the Practitioner’s brief statement of the grounds for appeal.

(8) Once the period specified pursuant to paragraph (7) has elapsed, the Secretary of State is to—

(a) give a copy of any representations received from each party to the other party; and

(b) request that each party make any written observations which that party wishes to make on the representations of the other party.

(9) The Secretary of State is to, as soon as is reasonably practicable, having taken into account any such representations or observations as referred to in paragraphs (7) and (8) and such other evidence as the Secretary of State sees fit—

(a) decide the appeal, and notify the parties of its decision and the reasons for it; and

(b) give the Board such directions in writing, if any, on the matter as the Secretary of State thinks fit.