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Supplementary Benefits Act 1976

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Right of Secretary of State to recover directly from claimant

7(1)Where the Secretary of State has received a notification of award under section 9(4) of this Act and it is at any time not practicable for him, by means of a deduction notice, to effect recovery of—

(a)the amount of supplementary benefit specified in that notification as having been awarded to the claimant; or

(b)so much of that amount as, not having previously been repaid by the claimant or deducted from the claimant's earnings by virtue of this Part of this Schedule, remains to be recovered from the claimant;

the amount of supplementary benefit so specified or so much of it as remains to be recovered from the claimant, as the case may be, shall, by virtue of this paragraph, be recoverable from the claimant by the Secretary of State.

(2)For the purpose of any proceedings brought by virtue of this paragraph a certificate purporting to be signed by or on behalf of the Secretary of State and stating that it is not practicable for him, by means of a deduction notice, to effect the recovery of—

(a)the amount of supplementary benefit specified in a notification of award under section 9(4) of this Act as having been awarded to the claimant; or

(b)so much of that amount as remains to be recovered from the claimant;

shall be conclusive evidence of the matters dealt with in the certificate (other than any matter affecting the determination of the actual amount, if any, which the Secretary of State is entitled to recover from the claimant by virtue of this paragraph).

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