The Social Security (Recoupment) Regulations 1990,

Small payments E+W+S

3.—(1) A person shall be exempted from liability to make the relevant deduction or the relevant payment where the amount of the compensation payment in question, or the aggregate amount of 2 or more connected compensation payments, does not exceed £2,500.

(2) Where an amount has been deducted and paid to the Secretary of State which, by virtue of paragraph (1), ought not to have been so deducted and paid, the Secretary of State—

(a) Where he is satisfied that the whole of the amount ought to have been paid to the intended recipient, shall pay the whole of that amount to that person;

or

(b) Where he is not so satisfied, shall either pay the whole of the amount to the compensator or pay to the compensator that part of the amount which he would have been entitled to retain and to the intended recipient that part which he would have been entitled to receive M1 had the amount not been so deducted and paid.

Marginal Citations

M1 See section 2 of the Law Reform (Personal Injuries) Act 1948 (c. 41), as amended by the Social Security Act 1989, Schedule 4, paragraph 22.