Paragraph 29 Liability for assistance given in error

(1)

An individual is liable to pay the Scottish Ministers the value of any assistance that was given to the individual due to an error (but see paragraph 30).

(2)

For the avoidance of doubt, the individual’s liability under sub-paragraph (1) is limited to the difference in value between—

(a)

the assistance that was given, and

(b)

the assistance (if any) that would have been given had the error not been made.

(3)

If the assistance was given in a form other than money, its value for the purposes of this paragraph is what giving it cost the Scottish Ministers (excluding any administration costs).

(4)

In this paragraph and paragraph 30, references to an error are to—

(a)

an error in the performance of a function conferred by virtue of these Regulations, including a decision under regulation 13 being made—

(i)

wrongly, or

(ii)

correctly but on the basis of—

(aa)

incorrect information, or

(bb)

an assumption which proves to be wrong.

(b)

a new decision under regulation 13 not being made after an assumption on the basis of which an earlier decision was made has proved to be wrong.