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22.—(1) Where the FHSA or the Board considers it has made a payment to a dentist owing to an error or in circumstances when it was not due, the FHSA or, as the case may be, the Board shall, except to the extent that the Secretary of State on the application of the FHSA or, as the case may be, the Board directs otherwise, shall draw that overpayment to the attention of the dentist and—
(a)where he admits the overpayment; or
(b)where he does not admit the overpayment but, the matter having been referred under regulation 7 of the National Health Service (Service Committees and Tribunal) Regulations 1992(1) for investigation, the FHSA, or the Secretary of State on appeal, decides that there has been an overpayment,
the amount overpaid shall be recoverable either by deduction from the remuneration of the dentist or in some other manner.
(2) Recovery of an overpayment under this regulation shall be without prejudice to the investigation of an alleged breach of the terms of service.
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