Section 71ZI Overpayment of non-benefit payments: overview and recoveryF1

United Kingdom

(1)

For the purposes of this section and sections 71ZJ and 71ZK, an overpayment of a non-benefit payment occurs where—

(a)

a person (“P”) misrepresents, or fails to disclose, a material fact, and

(b)

in consequence of the misrepresentation or failure, P or another person receives a non-benefit payment, or an amount of a non-benefit payment, (whether directly or indirectly) that they would not otherwise have received,

and the “overpayment” is that payment or amount.

(2)

The overpayment is recoverable from P as if it were an amount recoverable under section 71(1) if, in relation to the misrepresentation or failure to disclose, P—

(a)

is convicted of an offence (under this Act or any other enactment), or

(b)

agrees to pay a penalty under section 115A.

(3)

But subsection (2) is subject to section 71ZJ.

(4)

The right to recover an overpayment under this section does not affect any other right that the Secretary of State may have to recover the overpayment (or any other amount in relation to the non-benefit payment).

(5)

In this section and sections 71ZJ and 71ZK, “non-benefit payment” has the meaning given by section 121DA(5).

Annotations

Textual amendments

F1: Ss. 71ZI-71ZK and cross-heading inserted (1.4.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 93, 109(1) (with s. 105); S.I. 2026/371, reg. 2(d)

Notes on Part III

Modifications

C1: Pt. III restricted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), ss. 17(1)(a), 46
C2: Pt. III excluded (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 68, 89(4)(a)