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.