The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006

Overpayments under a pilot scheme

24.  –

(1) Where, on or before 31 March 2006, a pilot scheme provider has admitted an overpayment drawn to its attention by the Local Health Board or the Board but the overpayment, or any part of it, had not been recovered, the amount overpaid, or any part of it not recovered before 31 March 2006, will be recoverable by the Local Health Board in accordance with the arrangements for the recovery of overpayments provided for in the pilot scheme agreement as it had effect on 31 March 2006, and—

(a) the terms of the pilot scheme agreement will apply for the purposes of the recovery of such an overpayment; and

(b) the amount of the overpayment will be treated as a debt owed by that pilot scheme provider to the Local Health Board.

(2) Where the Local Health Board considers that a payment had been made to a pilot scheme provider under the terms of the pilot scheme agreement when it was not due and that alleged overpayment has not been drawn to the pilot scheme provider’s attention by the Board or the Local Health Board on or before 31 March 2006, that Local Health Board may draw the overpayment to the attention of the pilot scheme provider by notice, and—

(a) where the overpayment is admitted by the pilot scheme provider, the Local Health Board may recover the amount overpaid from it as a civil debt; and

(b) where the overpayment is not admitted by the pilot scheme provider, the arrangements for the recovery of disputed overpayments as provided for in the pilot scheme agreement as it had effect on 31 March 2006 will continue to apply in respect of the recovery of the amount of the possible overpayment.

(3) Where, before 1 April 2006, a Local Health Board has drawn a possible overpayment to the attention of the pilot scheme provider and the overpayment has not been admitted by the pilot scheme provider, the arrangements for the recovery of disputed overpayments as provided for in the pilot scheme agreement as it had effect on 31 March 2006 will continue to apply in respect of the recovery of the amount of the possible overpayment.

(4) For the purposes of the application of this article, a reference to the Board in a pilot scheme agreement will be read as including a reference to the NHS Business Services Authority.

(5) This article is without prejudice to any arrangement for the recovery of dental charges set out in directions under sections 28E(3A) and 28N of the 1977 Act.