Regulation 9 Underpayments by compensatorsI1
England and Wales
This paragraph applies where—
either—
the Secretary of State has made a redetermination of the relevant NHS charges in accordance with regulation 6(4), or
as a result of a review under or by virtue of section 156, or an appeal under section 157, a fresh certificate has been issued or a certificate has been revoked; and
in consequence of the redetermination, review or appeal it appears that the amount of any relevant NHS charges paid by any person is less than the amount that person ought to have paid.
Where paragraph (1) applies—
the person who has paid the relevant NHS charges must pay to the Secretary of State the difference between the amount that has been paid and the amount that ought to have been paid; and
the Secretary of State must pay that difference to the relevant NHS body.
Where any payment to be made under paragraph (2)(a) relates to—
treatment received at more than one hospital; or
treatment received at one or more hospitals and the provision of NHS ambulance services,
the Secretary of State must divide the difference among the relevant NHS bodies in an appropriate manner.