Regulation 16 Exclusion from liability
An individual has no liability under regulation 15 in respect of a care leaver payment made in error if the error is not—
the individual’s fault, or
the kind of error that an individual could reasonably be expected to notice.
For the purpose of paragraph (1)(a), an error is an individual’s fault if it is caused or contributed to by the individual—
providing false or misleading information, or
causing another person to provide false or misleading information.
In considering whether an error is of a kind that an individual could reasonably be expected to notice, regard is to be had in particular to—
the extent to which the value of the care leaver payment made in error exceeds the value of the care leaver payment that would have been made (if any) had the error not been made,
whether any information given to the individual by the relevant authority prior to, or immediately after, the care leaver payment being made would have alerted a reasonable person to the fact that a determination had been, or was to be, made on the basis of incorrect information.
In—
paragraph (2)(a), the reference to providing information includes making a statement,
paragraph (3)(b), the reference to information given to the individual by the relevant authority does not include information explaining why the relevant authority considers the care leaver payment to have been made in error.