Paragraph 7 Circumstances in which a person may be required to repayF1
The Secretary of State may require a member of the armed forces or the designated person to repay all or part of the diffuse mesothelioma lump sum where the Secretary of State is satisfied that relevant evidence shows that—
the payment was made in error;
whether fraudulently or otherwise, any person has misrepresented or failed to disclose a material fact and the Secretary of State makes the payment in consequence of the misrepresentation or failure;
the member was for any other reason not entitled to receive a diffuse mesothelioma lump sum; or
the member or the designated person has received or may receive compensation which will benefit the member or designated person.
The Secretary of State must send a written notice to the person required to make the repayment which states—
the amount required to be repaid;
the reason why the repayment is required; and
that the member (or, if the member has died, the designated person) may request a review of the decision.
For the purposes of this paragraph, the “designated person” has the meaning given in article 68(5)(b).
The reference in sub-paragraph (1) to “relevant evidence” is to evidence which—
is relevant to the question whether the member was entitled to a diffuse mesothelioma lump sum under paragraph 2; and
is received by the Secretary of State only after the diffuse mesothelioma lump sum has been paid to the member or designated person.
The reference in sub-paragraph (1) to “compensation” means the compensation referred to in article 52 (adjustment of awards in respect of other compensation) which is paid in respect of the member’s disablement due to diffuse mesothelioma.