Section 228 — Social Security Act 2018: MSD’s options in case of misconduct

228 MSD’s options in case of misconduct (1) If the basic rule applies to a person ( P ) because of misconduct, MSD has 2 additional options: (a) MSD may decide that the basic rule should not apply to P; or (b) MSD may decide that the benefit should be paid to P, or paid without reduction, subject to the condition that MSD may require P to repay the benefit or part of it if a court or person or body authorised by law to determine the matter determines the misconduct to be proved. (2) Any amount that MSD requires P to repay under subsection (1)(b) is a debt due to the Crown under regulations made under section 444 and may be recovered from P under regulations made under section 444. Compare: 1964 No 136 s 60H(6), (7)