Regulation 80 Recovery of overpayments

(1)

This regulation applies where the IBCA has—

(a)

made an IBCS payment, an assigned care award payment or an IBCA support scheme payment to a person, and

(b)

determined, pursuant to a review under regulation 83, that the amount of the payment exceeds the amount that was payable to that person under the IBCS (and the “excess amount” is the difference between the amount the person was paid and the amount that was payable).

(2)

The IBCA may (but need not) require repayment of the excess amount by a notice given—

(a)

where the excess amount relates to an IBCS payment or an IBCA support scheme payment, to the relevant person;

(b)

where the excess amount relates to an assigned care award payment, to one or both of—

(i)

the relevant person in relation to the eligible infected person whose assignable care award was assigned;

(ii)

the relevant person in relation to the eligible affected person in respect of whom the assigned care award payment was made.

(3)

The notice must state—

(a)

the excess amount,

(b)

the period within which the excess amount must be repaid, and

(c)

the means by which the excess amount must be repaid.

(4)

The excess amount is recoverable as a civil debt.