Regulation 11 Adjustments
Where the conditions specified in subsection (1) and paragraphs (a) and (b) of subsection (2) of section 14 are satisfied, the Secretary of State shall pay the difference between the amount that has been paid and the amount that ought to have been paid to the compensator.
Where the conditions specified in subsection (1) and paragraphs (a) and (b) of subsection (3) of section 14 are satisfied, the compensator shall pay the difference between the total amounts paid and the amount that ought to have been paid to the Secretary of State.
Where the Secretary of State is making a refund under paragraph (1), or demanding payment of a further amount under paragraph (2), he shall send to the compensator (with the refund or demand) and to the person to whom the compensation payment was made a statement showing—
the total amount that has already been paid to the Secretary of State;
the amount that ought to have been paid; and
the difference, and whether a repayment by the Secretary of State or a further payment to him is required.
This paragraph applies where—
the amount of the compensation payment made by the compensator was calculated under section 8; and
the Secretary of State has made a payment under paragraph (1).
Where paragraph (4) applies, the amount of the compensation payment shall be recalculated under section 8 to take account of the fresh certificate of recoverable benefits and the compensator shall pay the amount of the increase (if any) to the person to whom the compensation payment was made.
This paragraph applies where—
the amount of the compensation payment made by the compensator was calculated under section 8;
the compensator has made a payment under paragraph (2); and
the fresh certificate of recoverable benefits issued after the review or appeal was required as a result of the injured person or other person to whom the compensation payment was made supplying to the compensator information knowing it to be incorrect or insufficient with the intent of enhancing the compensation payment calculated under section 8, and the compensator supplying that information to the Secretary of State without knowing it to be incorrect or insufficient.
Where paragraph (6) applies, the compensator may recalculate the compensation payment under section 8 to take account of the fresh certificate of recoverable benefits and may require the repayment to him by the person to whom he made the compensation payment of the difference (if any) between the payment made and the payment as so recalculated.