Section 71ZJ — Social Security Administration Act 1992: Overpayment of non-benefit payments: overpayment decision and notice

Overpayment of non-benefit payments: overpayment decision and notice 71ZJ 1 Before exercising powers under this Act to recover an overpayment of a non-benefit payment from a person (“ P ”)—

a the Secretary of State must give a notice (an “overpayment notice”) to P, and b the condition in subsection (5) must be met (opportunity for P to challenge the notice).

2 The Secretary of State may give P an overpayment notice only if—

a P has been convicted of an offence (under this Act or any other enactment), or b it appears to the Secretary of State that there are grounds to institute proceedings against P for an offence (under this Act or any other enactment), in relation to the overpayment.

3 An overpayment notice must—

a state the amount that the Secretary of State regards as an overpayment, b provide the Secretary of State’s reasons for regarding that amount as an overpayment, c set out the effect of the giving of the overpayment notice, and d set out P’s right to seek a review of the notice and the right to appeal the outcome of that review (see section 71ZK).

4 In subsection (3)(c), the reference to the effect of the giving of the overpayment notice is a reference to the Secretary of State’s powers to—

a invite P to agree to a penalty under section 115A in relation to the overpayment;

b recover the overpayment (if P agrees to pay such a penalty, or is convicted of an offence, in relation to the overpayment).

5 The condition in this subsection is met where—

a the time for P to seek a review of the overpayment notice has passed without P seeking a review, or b if P sought a review of the notice within the time allowed, the review has taken place and—

i the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or ii P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined.