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The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
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- UK Statutory Instruments
- 1988 No. 664
- PART VIII
- Regulation 24
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Review of determination of protected earnings
24.—(1) A determination of a claimant’s protected earnings, whether made under regulation 19(1)(a) or under this regulation, may be reviewed by an adjudicating authority if he is satisfied that it was based on a mistake as to the law or was made in ignorance of, or was based on a mistake as to, some material fact.
(2) Where the claimant’s protected earnings are reviewed under paragraph (1) the Secretary of State shall give the employer written notice varying the deduction notice by substituting for the amount of the protected earnings as there specified (or as previously reviewed under this regulation) the amount of the protected earnings determined on review.
(3) Variation of a deduction notice under paragraph (2) shall take effect either from the end of the period of 10 working days beginning with the day on which notice of the variation is given to the employer or, if the employer so chooses, at any earlier time after notice is given.
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