PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 5RECOVERY OF VALUE OF ASSISTANCE

Assistance given in error

I163Liability for assistance given in error

1

An individual is liable to pay the Scottish Ministers the value of any assistance that was given to the individual due to an error (but see section 64).

2

For the avoidance of doubt, the individual's liability under subsection (1) is limited to the difference in value between—

a

the assistance that was given, and

b

the assistance (if any) that would have been given had the error not been made.

3

If the assistance was given in a form other than money, its value for the purposes of this section is what giving it cost the Scottish Ministers (excluding any administration costs).

4

In this section and section 64, references to an error are to—

a

an error in the performance of a function conferred by virtue of this Part, including a decision under section 50(1) being made—

i

wrongly, or

ii

correctly but on the basis of—

A

incorrect information, or

B

an assumption which proves to be wrong,

b

a new decision under section 50(1) not being made after an assumption on the basis of which an earlier decision was made has proved to be wrong.