Claims and overpayments
39.—(1) Any claim for fees, allowances or other remuneration by a doctor shall be made in accordance with the provisions of the Statement under regulation 37.
(2) Where a Board or the Agency considers that a payment has been made to a doctor in circumstances when it was not due, it shall, except to the extent that the Department, on the Board’s or the Agency’s application, directs otherwise, draw the overpayment to his attention and—
(a)where the overpayment is admitted by him; or
(b)where the overpayment is not so admitted but the matter having been referred under regulation 5(1) of the Disciplinary Procedures Regulations for investigation, the Board or the Agency, or the Department on appeal under regulation 9(1)(c) of those Regulations, decides that there has been an overpayment,
the overpayment shall be recoverable either by deduction from the doctor’s remuneration or in some other manner.
(3) Recovery of an overpayment under this regulation shall be without prejudice to the investigation of an alleged breach of the terms of service.