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.