Section 71ZK — Social Security Administration Act 1992: Overpayment of non-benefit payments: reviews and appeals

Overpayment of non-benefit payments: reviews and appeals 71ZK 1 A person (“ P ”) given an overpayment notice under section 71ZJ may apply to the Secretary of State for a review of the notice on the following grounds—

a that there has been no overpayment of a non-benefit payment, or b that the amount stated in the notice is not correct.

2 An application under subsection (1) must be made before the end of the period of 1 month beginning with the day after the day on which P was given the notice.

3 On a review, the Secretary of State may—

a uphold the notice, b amend the notice, or c revoke the notice.

4 The Secretary of State must notify P of the outcome of the review.

5 Where an overpayment notice is upheld or varied on a review, P may appeal to the First-tier Tribunal against the notice on the following grounds—

a that there has been no overpayment, or b that the amount stated in the notice is not correct.

6 An appeal under subsection (5) may not be brought after the end of—

a the period of 1 month beginning with the day after the day on which P is notified of the outcome of the review, or b such longer period (if any) as the Tribunal considers reasonable in all the circumstances.

7 The First-tier Tribunal may—

a uphold the notice, b vary the notice, or c revoke the notice.