# Social Security (Payments on account, Overpayments and Recovery) Regulations 1987, Regulation 4: Recovery of overpaid interim payments


(1) Where the adjudicority has determined that an interim payment has been overpaid in circumstances which fall within paragraph (3) and that notice has been given as required by regulation 2(2), that authority shall determine the amount of the overpayment.
(2) The amount of the overpayment shall be recoverable by the Secretary of State, by the same procedures and subject to the same conditions as if it were recoverable under section 53(1) of the Act.
(3) The circumstances in which an interim payment may be determined to have been overpaid are as follows:—
(a) an interim payment has been made under regulation 2(1)(a) or (b) but—
(i) the recipient has failed to make a claim in accordance with the Claims and Payments Regulations as soon as practicable, or having made such a claim has withdrawn it or is deemed to have withdrawn it; or
(ii) it has been determined that there is no entitlement on the claim, or that the entitlement is less than the amount of the interim payment; or
(b) an interim payment has been made under regulation 2(1)(c) which exceeds the entitlement under the award of benefit on account of which the interim payment was made.

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Source: https://www.legislation.gov.uk/uksi/1987/491/regulation/4 (the official version)
Page: https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1987/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.