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Article 26 Recovery of overpayments

Original text. Later amendments are not shown.

(1)

This article applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of Schedules 1, 2 or 4 and, for whatever reason, he is paid an amount greater than that sum.

(2)

Where this article applies, the appropriate officer may—

(a)

require immediate repayment of the amount in excess of the amount due (“the excess amount”) and the representative must 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 Schedules 1, 2 or 4.

(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 articles 29 to 31.