Recovery of overpayments25
1
This regulation applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of Schedule 1, 2 or 3 and, for whatever reason, the representative is paid an amount greater than that sum.
2
Where this regulation applies, the appropriate officer may—
a
require immediate repayment of the amount in excess of the amount due (“the excess amount”); or
b
deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions of Schedule 1, 2 or 3,
and where sub-paragraph (a) applies the representative must repay the excess amount to the appropriate officer.
3
The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).
4
Paragraph (2) applies notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under regulations 28 to 30.
F15
In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the advocate who—
a
is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and
b
attends the first day of the trial.