16.—(1) Where the Board determines that an amount referred to in Article 152(2)(e) of the Order (administration of compensation) has been paid to a person, it shall notify that person in writing that—
(a)it has so determined;
(b)it is considering whether to recover that amount, and
(c)if the person in receipt of that amount believes that recovery of the overpayment would cause hardship to him or his family then he should—
(i)notify the Board in writing within one month of the date the Board informs him that such an overpayment has been made, and
(ii)provide any supporting evidence to the Board within one month of the notification specified in head (i).
(2) Where the Board receives a hardship notification in accordance with paragraph (1)(c)(i), [F1it shall, as soon as reasonably practicable, determine] whether recovery of that amount would cause hardship to the person to whom the overpayment has been made, or his family.
[F2(2A) The Board may request such additional information, from the person who gave the hardship notification, as it reasonably requires for the purpose of making a determination under paragraph (2).
(2B) In making such a determination, the Board shall have regard to any evidence provided under paragraph (1)(c)(ii) and any information provided under paragraph (2A).]
(3) Where recovery would cause such hardship, the Board shall not recover that amount.
(4) The Board is not required to recover an amount overpaid where recovery would not be conducive to the prudent management of its financial affairs.
(5) The Board may determine that such an amount paid in excess of entitlement shall be recovered—
(a)as a lump sum from a person to whom the overpayment has been made, or
(b)where the person to whom that amount is paid is a beneficiary—
(i)as a lump sum from any payment of PPF compensation to which that beneficiary is entitled, or
(ii)from that beneficiary by adjusting the amount of the instalments of future periodic compensation.
(6) Interest may be charged on an amount determined to be recoverable at the base rate for the period which begins when the amount paid in excess of entitlement was first made and ends with the recovery of the whole of the amount.
Textual Amendments
F1Words in reg. 16(2) substituted (6.4.2007) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/193), regs. 1, 4(a)
F2Reg. 16(2A)(2B) inserted (6.4.2007) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/193), regs. 1, 4(b)
Commencement Information
I1Reg. 16 in operation at 6.4.2006, see reg. 1(1)(b)