Article 10 Recovery of any overpayment

England and Wales

(1)

Where a determination of entitlement is revoked by the Minister in accordance with article 5(3), the following amounts shall immediately become payable to the Minister by the person in respect of whom the determination of entitlement had been made—

(a)

any amount paid to that person by the Minister under article 6;

(b)

any amount paid to that person by the Minister under article 9; and

(c)

interest on those amounts at 1 per cent per annum over the Bank of England base rate from the date of payment until the date of repayment.

(2)

Where a determination as to amount is revised by the Minister in accordance with article 8(4) and the amount specified in the revised determination as to amount (“the revised amount”) is less than the the amount specified in the original determination as to amount (“the original amount”), the following amounts shall immediately become payable to the Minister by the person in respect of whom the determination as to amount had been made—

(a)

the difference between the original amount and the revised amount; and

(b)

subject to paragraph (3) below, interest on that amount at 1 per cent per annum over the Bank of England base rate from the date of the original payment until the date of repayment.

(3)

To the extent (if any) that the difference referred to in paragraph (2)(a) above results from a relevant planning gain realised on the sale of a restricted property after the date of the original payment, interest shall not be payable on that difference for any period prior to the date on which the relevant planning gain was realised.

(4)

Subject to paragraph (5) below, any amount payable to the Minister in accordance with paragraph (1) or (2) above shall be recoverable as a civil debt.

(5)

The Minister shall not take any steps to enforce payment of any amount payable to her under this article until the procedures set out in Schedule 2 or Schedule 4 (as the case may be) have been exhausted.