The Pensions Regulator Tribunal (Legal Assistance Scheme – Costs) Regulations 2005

Recovery of overpayments

This section has no associated Explanatory Memorandum

18.—(1) This regulation applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of these Regulations and, for whatever reason, he is paid an amount greater than that sum.

(2) Where the circumstances in paragraph (1) arise, the appropriate officer may—

(a)require immediate repayment of the amount in excess of the amount due (“the excess amount”) and the representative shall on demand repay the excess amount to the appropriate officer; or

(b)deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions of these Regulations.

(3) The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).

(4) Paragraph (2) shall apply notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under regulations 19 to 21.