Payments

Circumstances in which a person may be required to repay20

1

The scheme administrator may require a person who received a payment under the scheme to repay the whole of the amount of a payment under the scheme which has been received in any case where the scheme administrator is satisfied that relevant evidence shows that—

a

the payment was made in error; or

b

whether fraudulently or otherwise, any person has misrepresented or failed to disclose a material fact and the determination to make the payment was made in consequence of the misrepresentation or failure; or

c

the applicant was for any other reason not eligible under section 2 or 3 of the Act to receive a payment under the scheme.

2

The scheme administrator may require a person who received a payment to repay a specified part of the amount of a payment under the scheme in any case where the scheme administrator is satisfied that relevant evidence shows that—

a

the amount paid exceeds the amount payable in accordance with Schedule 4; or

b

the amount payable to each of a number of persons who are eligible under section 3 of the Act was calculated on the basis of an error (either as to the number of such persons or otherwise).

3

The scheme administrator must send a written notice to the person required to make the repayment which states—

a

the amount required to be repaid;

b

the reasons why the payment was not properly made; and

c

that an applicant, or if the applicant has died, the personal representatives of the applicant, may request a review of the decision.

4

In paragraph (2), “specified” means specified by the scheme administrator in the notice under paragraph (3).

5

In paragraphs (1) and (2), references to “relevant evidence” are to evidence which—

a

is relevant to the question whether an applicant was eligible under section 2 or 3 of the Act for a payment under the scheme; and

b

is received by the scheme administrator only after a determination to make a payment in accordance with regulation 19 has been made.