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Regulation 6 Payment of a death grant pending determination of a claim and without due proof of the satisfaction of the relevant conditions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where, under arrangements made by the Secretary of State with the consent of the Treasury for the purpose of dealing with an emergency—

(a)

a death grant has been paid pending a determination of a claim for it; and

(b)

it was paid without due proof of the satisfaction of the relevant conditions or otherwise than in accordance with the provisions of the Act and the orders and regulations made under it;

for the purposes of the said provisions, but subject to paragraph (2), the grant shall be deemed to have been duly paid.

(2)

Where, in a case to which paragraph (1) applies, the conditions for the receipt of any such grant were not satisfied and the determining authority is satisfied that in the obtaining and receipt of the grant the person to whom it has been paid, or any person acting for him, has not throughout used due care and diligence to avoid overpayment, he shall be liable to repay to the Secretary of State any sum overpaid; and for the purposes of this paragraph “the determining authority” means, as the case may require, an insurance officer, a local tribunal or a Commissioner by whom the relevant question falls to be determined under Part III of the Act.